Florida has a high number of accidents involving pedestrians, causing many injuries every year throughout the state. The Miami Herald reported that during a ten-year period ending in 2014, Florida had more than 5,000 pedestrians killed by motor vehicles compared to 46,000 for the entire USA, and it has 7 of the most dangerous communities in the country for pedestrians.
Some common causes of accidents involving pedestrians hit by cars include poor roadway and crossing design, dangerous, inattentive or distracted driving, and pedestrians who simply are not paying attention when crossing the street. In almost every case, the blame is placed directly on the driver of the motor vehicle.
Other common causes of pedestrian accidents:
If you are seriously injured in a pedestrian accident, get medical attention immediately. If you are approached by anyone regarding a settlement for your injuries, do not do anything until you have spoken to our pedestrian accident lawyer. After the car accident and when you are able, think about what happened and make notes so that you can explain things to our pedestrian accident attorneys.
To the extent that you have the ability to take photos after the accident, this may be useful as well. Injury lawyers Zervos & Calta are experienced in handling pedestrian accident cases, and will handle all the details of your case. Contact us through our law firm website.
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As a pedestrian in Florida you have some basic obligations. These are to use the sidewalks when available, walk on the left shoulder facing traffic when there is no sidewalk, not make any abrupt movement that an oncoming vehicle cannot adjust for, and follow the instructions of any traffic control device. You should never cut diagonally through traffic unless instructed to do so by an officer who is controlling traffic.
Many pedestrians become accident victims due to their own actions because they aren’t paying attention, are distracted by their phone, or even because they are walking while under the influence. Some pedestrians are injured due to their own carelessness or negligence.
You or your survivors have the right to compensation for common injuries and medical expenses incurred due to the negligence or willful actions of a driver when they are at fault. Talk with our personal injury lawyers who will answer questions about your case.
While there are certainly situations in which a driver is not liable for injuries to a pedestrian, this is tempered by the fact that a driver is obligated to proceed at all times in such a manner as to cause no harm to others. For example, road conditions and weather may make it hard to stop. This means the driver needs to slow down, pay closer attention, or even pull over and stop until it is safe to proceed.
There are times when a pedestrian may dart out in front of a car and is seriously injured, when the driver cannot possibly see them in time to stop. Truck accidents can cause pedestrian injuries when a truck runs off the road, hitting those walking nearby.
In general, pedestrian accident lawsuits seek compensation when accidents because of driver negligence or carelessness. These may include any and all medical bills and expenses, lost wages, long term physical therapy and rehabilitation costs, reimbursement for disfigurement or disability, as well as pain and suffering. In the event of the death of a pedestrian, a wrongful death claim can result in compensation for loss of financial support and companionship as well.
Because children cannot represent themselves in a court of law, the child’s guardian (typically a parent) must file the claim on their behalf. And, there are other aspects of child pedestrian injuries that differ from adult injuries.
Drivers are expected to abide by a duty of care which means that they will always proceed in such a way as to avoid accidents. Because young children may not show the same judgement as an adult, the standard for a duty of care is higher for the driver when it comes to children. One of the reasons that it is important to seek representation by a competent pedestrian accident lawyers is to have someone on your side who understands this concept and how to apply it to your claim.
For minor injuries from a pedestrian accident you may be able to take advantage of the no-fault negligent driver’s insurance policy. Florida drivers must carry at least $10,000 in this type of coverage. However, there are two issues to be concerned about.
One is that $10,000 may not cover the costs of treating a serious injury or one that has long-term consequences. The other is that the insurance company may contact you with an offer to settle. You should never take such a settlement without first consulting competent pedestrian injury attorneys in Florida because once you settle, you can no longer file a claim if the cost of treatment, loss of work, and other issues keep going up.
For injuries that are not fatal, the statute of limitations is usually four years for injury claims to be filed. However, when a governmental agency, the county, or state are involved, claims normally must be filed within two years. There are some instances in which the time to file for wrongful death may be extended.
This is why you need to consult with an experienced pedestrian accident attorney in such cases. If you do not follow the procedures of Florida Statute 768.28 to the letter, even a valid claim may be dismissed by the court! Because the law can change and because situations vary, it is always wise to consult with an attorney experienced in handling pedestrian accident claims from the very beginning.
If you or someone you know has suffered injuries or been killed as a pedestrian in an accident caused by someone else’s negligence or carelessness, they should call our office immediately to speak to one of our injury attorneys.
Contact us by filling out the form on the right or call 727-937-3171 to schedule a free phone consultation.
We also work with clients in Trinity, Safety Harbor, Oldsmar, Westchase, Hudson, Elfers, Holiday, Bayonet Point, and New Port Richey.