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March 13, 2018

A 59-year-old female from Kissimmee, Florida was killed while trying to cross the street. According to the Florida Highway Patrol (FHP), the woman had just exited her bus and was crossing from north to south on US 192 when she stepped in front of a westbound van. The female was pronounced dead at the scene.

The question in a car versus pedestrian accident like this is who is at fault?

For example, if the van driver failed to slow down when passing a stopped bus or failed to see the crossing pedestrian because they were distracted by texting, then they could be found at fault. If the bus driver did not pull over at a properly market bus stop as is required, then the bus company could be found at fault. Likewise, if the pedestrian failed to take proper safety precautions such as looking both ways or crossing in a marked crosswalk, then she could be found at fault. Finally, all three or a combination of several of these factors could be found to be at fault to varying degrees.

Knowing who is at fault is essential to determining whether or not the deceased’s surviving family will be able to sue for damages. If it is found that the van was negligent and that this negligence caused the death, then the surviving family members could receive damages to compensate them for their loss. However, if it is found that the pedestrian was at fault or even partially at fault, then any awarded damages would be negated or, in the case of partial fault, reduced in accordance to her level of contributory negligence.

Clearly, the issue of who is at fault is both complex and essential to a Florida personal injury case. For this reason, it is highly advised that you start by consulting an experienced Orlando car accident attorney. They will be able to evaluate the facts and evidence and make a determination as to whether or not you have the right to seek damages.

To learn more about how an attorney can help you get the compensation you deserve, contact the Law Offices of James O. Cunningham, P.A. today.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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If you or someone you love has been injured in a vehicle accident, call toll-free at 1-888-FLA-Auto (1-888-352-2886).

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  • Van Rollover:
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  • Rear End Bus Accident:
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  • Truck Collides with Cow:
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We have 15 convenient office locations around Central Florida to better serve our auto accident clients.

15 Florida Locations

Orange County:
Orlando, FL

500 Delaney Avenue #404
Orlando, FL 32801
Phone: 407-425-2000

Seminole County:
Lake Mary, FL

300 International Parkway #100
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County:
Kissimmee, FL

17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County:
Daytona Beach, FL

1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

Volusia County:
DeBary, FL

465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Volusia County:
Deland, FL

120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County:
Inverness, FL

110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County:
Lakeland, FL

1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Polk County:
Winter Haven, FL

325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County:
Tampa, FL

100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties:
The Villages, FL

3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County:
Mt. Dora, FL

Mt. Dora, FL
Phone: 352-436-4696

Lake County:
Clermont, FL

3721 S Hwy 27, Suite A
Clermont, FL 34711
Phone: 352-503-4674

Brevard County:
Titusville, FL

506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Brevard County:
Cocoa, FL

96 Willard Street, Suite 206
Cocoa, FL 32922
Phone: 321-757-1373

Client Reviews

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  • I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true… A Personal Injury Client
  • My car accident case was handled by Mr Cunningham and I was very pleased with how everything was done. He handles his own cases and his staff is top notch. He got me a very nice settlement without going to court. Derek
  • We contacted Jim Cunningham to help guide us through the "maize" of possible outcomes in settling with insurance companies, medical bills, and even police investigation with the accident. David
  • Cunningham worked hard was professional, supportive, diligent and always maintained contact. I am very satisfied with the service that him and his team provided. Mr Cunningham is a lawyer that will work for you. Dezhaun
  • I consulted with several attorneys, but as soon as I met James Cunningham, I knew he was the right attorney for me. He immediately expressed concern for my well-being, and his compassionate, professional manner put me at ease. Diane