Rollerblading is a fun and popular activity in Tampa. But when a car collides with a rollerblader, the consequences can be severe. These car accidents often result in serious injuries for rollerbladers and raise important legal questions about liability.
Determining fault in such cases can be complex, as multiple factors, including driver negligence, traffic laws, and the actions of the rollerblader, play a role. Liability can affect the amount of compensation a victim is able to recover for medical expenses, lost wages, and pain and suffering, so it's important to understand how it works in these types of accidents.
Understanding Florida’s traffic laws
Florida law treats rollerbladers similarly to pedestrians in some instances, but also imposes different responsibilities depending on where they are skating. According to Florida Statutes, rollerbladers using sidewalks have the same rights and duties as pedestrians, meaning that motorists must yield to them in crosswalks. However, if a rollerblader is on the road, they may be subject to the same traffic laws as bicyclists, depending on the circumstances.
Florida follows a comparative negligence system, meaning that fault can be shared between the driver and the rollerblader. If the rollerblader was unlawfully in the roadway, failed to follow traffic signals, or engaged in reckless behavior, their level of responsibility may reduce or eliminate the driver’s liability.
How can driver negligence lead to a rollerblading accident?
While rollerbladers must be cautious when navigating urban areas, many accidents occur due to driver negligence. Some of the most common causes of rollerblader accidents involving cars include:
- Distracted driving: Drivers using cell phones, adjusting radios, or engaging in other distractions may fail to notice rollerbladers crossing the street or skating along roadways.
- Failure to yield: Many motorists do not recognize that rollerbladers, when using a crosswalk, have the same rights as pedestrians. Failing to yield can result in serious accidents.
- Speeding: Excessive speed reduces a driver's reaction time, making it difficult to stop if a rollerblader enters their path.
- Running stop signs or red lights: A driver who ignores traffic signals can easily collide with a rollerblader legally crossing the street.
- Right-turn collisions: Rollerbladers often use sidewalks and crosswalks. A driver making a right turn without checking for pedestrians or rollerbladers may cause an accident.
How is fault determined after a crash With a Rollerblader?
An experienced Tampa car accident lawyer can investigate your accident to determine liability. This often includes:
- Reviewing police reports: If law enforcement responded, their accident report may contain important details, such as whether the driver was cited for a traffic violation.
- Interviewing witnesses: Bystanders can provide an objective perspective on how the car vs. rollerblader accident happened.
- Looking at photos and video: If you or a witness was able to document the accident, a lawyer will review images of the accident scene, traffic signs, vehicle damage, skid marks, and injuries.
- Obtaining surveillance & dashcam footage: Many businesses, traffic lights, or homes have security cameras that may have captured the accident. Also, drivers with dashcams may have recorded the moments leading up to the crash.
- Consulting accident reconstruction experts: If liability is disputed, a lawyer may hire an accident reconstruction expert to analyze vehicle speed, braking distance, impact angles, force of impact, skid marks, and road conditions.
- Analyzing cell phone records: These can help determine if the driver was texting or using their phone at the time of the crash.
How does fault affect financial compensation?
Again, Florida follows a modified comparative negligence system, meaning that both parties may share responsibility based on their level of fault. If you were more than 50 percent at fault for the accident, you will not be able to recover damages. If your level of fault was 50 percent or less, you can recover damages – but your compensation will be reduced proportionately by your percentage of fault.
For example, if you were awarded $100,000 in damages but found to be 30% responsible, your award would be reduced by 30%, and your total recovery would be $70,000.
Hit By a Car While Rollerblading? we can Fight for every dollar you deserve
At Armando Personal Injury Law, we understand the importance of determining fault after an accident. We investigate your crash and build a strong case for compensation. We negotiate with insurance companies and fight for the best possible outcome. Our firm knows how to get results – including a multi-million-dollar settlement for a bicyclist who suffered a traumatic brain injury in an accident.
If you’ve been hurt in a rollerblading accident in the Tampa area, learn more about how we can help. Contact us today to schedule a free consultation with an experienced attorney.
“Very professional and attentive to every detail, was pleased with the way my case was handled and an excellent outcome.” – Don D., ⭐⭐⭐⭐⭐