Personal Injury

Pedestrian Accidents

Everything can change in a moment. The simple act of crossing a street or walking down a sidewalk ends in tragedy for many pedestrians in Florida and around the country who get struck by a moving vehicle.

Depending on the seriousness of the accident, the pedestrian’s injuries could range from cuts, bruises and broken bones, to brain damage, spinal cord injuries, internal bleeding and even death. Pedestrian accident lawsuits help victims and their families receive financial compensation for the short- and long-term costs resulting from such injuries, including medical bills, pain and suffering, and lost wages.

Our personal injury attorneys are extremely knowledgeable and experienced in handling pedestrian accident cases. We provide personal attention and quality representation to ensure that you receive the justice and maximum compensation that you deserve.

What is a “Pedestrian?”

The NHTSA defines a pedestrian as “any person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle traffic crash.”

Children and seniors are especially at risk of getting struck by a vehicle while walking. Nearly 40 percent of pedestrian accidents involve children under the age of 15.

Filing a Claim for Pedestrian Accident Injuries in Florida

Pedestrians injured in a car accident may file a personal injury claim against the driver who caused the crash. The claim allows an injured pedestrian to establish liability against the driver and possibly recover damages. Pedestrians can use the theory of negligence to show that the driver was at fault for the crash.

Rights & Responsibilities of Pedestrians in Florida

In Florida, pedestrians typically have the right of way when crossing the street. Even if there are no crossing signals at an intersection, drivers are expected to yield to pedestrians once they have stepped into the crosswalk. On the other hand, pedestrians are expected to yield to drivers if they cross the street in an area that doesn’t have a designated crosswalk. If a pedestrian J-walks or darts in front of oncoming traffic, they can be held partially liable. Since Florida is a “comparative fault” state, the pedestrian’s claim can be reduced by their own degree of fault.

Recovering Compensation Even If You Are Partly At Fault

The driver may argue that you are actually at fault for your injuries. For example, if a pedestrian suddenly leaves a curb and runs into the path of a car, it may not be possible for the car to stop in time for the driver to yield.

When this happens, Florida will determine each party’s percentage. If you are partly at fault, you still can recover damages proportionate to your degree of fault.

Common Causes of Pedestrian Accidents

The most common cause for most pedestrian-car accidents is negligence. Pedestrians aren’t always blameless, distracted walkers, not paying attention to crosswalks and pedestrian traffic lights can all be to blame. Other common causes of pedestrian accidents include:

  • Intoxicated driving
  • Running red lights and hitting pedestrians in the crosswalk
  • Right turns through crosswalks without looking for pedestrians
  • Distracted driving, such as driving while texting
  • Illegally parked cars making it difficult to see pedestrians and bicycles

Common Pedestrian Injuries

In a collision between a car and a pedestrian, devastating results are almost always inevitable. Pedestrians have little to no protection when matched against a car or truck. As a result, the injuries springing from these accidents are both severe and one-sided. The pedestrian injury attorneys at the our Law Firm have helped victims who have suffered:

  • Broken bones
  • Spinal cord injuries
  • Brain injuries
  • Amputations

These injuries don’t just cause extensive pain and suffering, they also carry with them staggering medical expenses. A personal injury case can help you handle the heavy burden brought on by the driver’s negligence.

Recovering Damages after a Pedestrian Accident in Florida

If you successfully prove the elements of a negligence claim, you may be awarded compensation for your medical expenses, pain and suffering, lost wages, and other damages. You must file your claim within four years from when the accident happened. If you do not, you probably will be barred from holding the careless driver accountable.

Relatives of a fatal car accident may file a wrongful death action and potentially receive compensation for their loved one’s medical and funeral expenses, pain and suffering before death, and other damages based on their relationship to the victim.

What is the Deadline to File a Pedestrian Accident Claim?

The statute of limitations controls when a court will entertain a claim of negligence against a defendant driver and their insurance company. It is essential that injured parties understand this law and how it affects their case.

The statute of limitations in such accident cases is generally four years. If a plaintiff does not have a case in court within this time limit, the court may dismiss their case. This applies equally to a case that seeks payment through settlement. Our attorneys in Florida can help someone hit by a car file their pedestrian accident case within the statutory deadline.

Does the case always goes to Court?

Many people assume that to collect appropriate compensation for their losses, they will need to ask a jury to render a verdict after a trial. While this is an option for injured pedestrians, there may be other ways to collect damages following an accident such as this one. Civil courts in Florida have the jurisdiction to hear cases that allege negligence as the source of a personal injury. However, this is not always the preferred method of seeking damages.

some situations, an injured pedestrian may be able to collect a settlement award through an insurance company. In some cases, this is possible without having to even file a complaint in court. Every driver in Florida must carry an insurance policy that provides coverage for any bodily injury that a carrier may inflict on another. These policies may cover the costs of medical care, emotional traumas, and lost earnings.

How Our Florida Personal Injury Lawyers Can Help

We have recovered compensation for several pedestrians and their loved ones which they deserved. To be successful, it is important to reach out to our firm as soon as possible so that we can immediately begin building a strong case on your behalf. We know exactly what it takes to help a rider and their families the amount of compensation that is deserved. No matter how complex your situation may seem, you can rest assured that you have a team by your side that is truly passionate about helping you hold the negligent driver accountable.