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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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Orange County:
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Orlando, FL 32801
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Seminole County:
Lake Mary, FL

1001 Heathrow Park Lane, Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County:
Kissimmee, FL

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

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

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

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

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Inverness, FL 34453
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Lakeland, FL

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

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Winter Haven, FL

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

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Tampa, FL

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Tampa, FL 33606
Phone: 813-355-9772

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The Villages, FL

3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
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602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

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Clermont, FL

900 W. Highway 50
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

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