Driver Hit the Gas Instead of the Brake, Do I Have a Case?

A driver who hits the gas pedal instead of the brake is responsible and could be at fault if they injure someone. The injured person may bring a claim against the driver’s insurance company. In the event the driver at fault doesn’t have insurance or not enough of the right kind, the person who was hurt would look to the Uninsured Motorist coverage on their own car insurance policy.

These accidents are sometimes called gas pedal accidents or wrong pedal accidents. They frequently occur in a parking lot. A recent study by the National Traffic Safety Administration found women were responsible for about 60% of gas pedal accidents.

When a driver hits the wrong pedal the injuries suffered by someone who was run over can be quite serious. When the pedal mix up occurs the driver believes in their mind they are putting on the brakes, but the car suddenly takes off in drive or in reverse. The natural tendency then is to press harder, thinking the car should be slowing. As a result, the car accelerates rapidly. This results in cars being driven into buildings or over long distances before crashing into something that stops them. In a recent pedal mix-up case in Florida, three innocent people were killed when a woman hit the gas instead of the brake in a parking lot.

Jim Dodson
A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.