Walking is one of the best ways to get around Miami. Unfortunately, pedestrian accidents due to negligence are one of the greatest causes of deaths and serious injuries in Miami and throughout Florida.
Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”
To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-
- The defendant (the accused party) owed the plaintiff a reasonable duty of care.
Drivers owe a duty of care towards pedestrians and others on the roadway when they get behind the wheel of a vehicle.
- The Defendant breached his or her duty of care.
The breach of care by the defendant is the crux of the personal injury law. It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant.
- The breach of duty by the Defendant caused the accident.
It is not enough to show that the Defendant was negligent, careless or reckless, it has to be established beyond reasonable doubt that his or her act of negligence was the main cause of the accident.
- The accident caused compensable damages.
The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant. Damages may include physical injury, pain and suffering, economic damages, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.
Pedestrians who survive accidents involving cars, trucks, buses, motorcycles, or other vehicles often suffer serious Injuries. Pedestrians have no protection if a vehicle crashes into them.
Motorists have seatbelts and airbags, motorcyclists and bicyclists often wear helmets and other protective and safety gear, but pedestrians have nothing to lessen the force of the impact.
Most victims of pedestrian accident require months or even years of intensive medical treatment and rehabilitation before they recover.
COMMON CAUSES OF PEDESTRIAN ACCIDENTS.
Government agencies work diligently to ensure pedestrian safety by reducing speed limits and introducing stricter traffic laws, yet accident numbers continue to rise. Some major factors that contribute to pedestrian accidents are:-
- Driving under the influence of alcohol or drugs.
- Distracted drivers or pedestrians.
- Falling asleep while driving.
- Bad weather conditions.
- Failure to obey traffic rules.
- Roadways in a bad condition.
- Construction zone.
- Pedestrians not using crosswalks to cross roads.
- Pedestrians wearing clothes of darker colors at night.
TYPES OF INJURIES SUSTAINED IN PEDESTRIAN ACCIDENTS.
Most common pedestrian accident injuries are :-
- Broken bones and Fractures.
- Facial injuries .
- Spinal injuries/ paralysis.
- Loss of limbs and amputations.
- Road Burns/Scarring
- Traumatic brain injuries.
- Permanent disability.
STATUTE OF LIMITATIONS FOR FILING A PEDESTRIAN ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing a pedestrian accident claim. An experienced pedestrian accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for pedestrian accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida.
COMPENSATION FOR VICTIM OF A PEDESTRIAN ACCIDENT IN MIAMI.
Our Miami pedestrian accident lawyers seek to get maximum compensation for the victim of an accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
If the victim of a pedestrian accident owns a car and has Florida’s mandatory Personal injury Protection (PIP) insurance, his or her injuries and lost wages will be covered up to $10,000. If the victim of the pedestrian accident does not own a car, then the at fault party’s PIP insurance will cover the damages and costs. In most cases, this Insurance is not sufficient to cover the victim’s total amount of accident related expenditure.
Florida, being a Comparative Fault State, allows a person to recover damages irrespective of his or her degree of fault. A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.
Our attorneys help victims recover:-
- MEDICAL EXPENSES. – A Victim of a pedestrian accident is entitled to recover medical expenses which include current expenses as well as projected future medical costs.
- LOST WAGES. – If the Victim had to miss work while recovering from the accident, he or she is entitled to receive wages for the period of time he or she was absent from work.
- POTENTIAL FUTURE EARNINGS – If the Victim is unable to return to work at the same hours or on same pay or even to do same tasks, he or she is entitled to receive compensation for future loss of earning capacity.
- OTHER DAMAGES – Victim is entitled to claim damages for the pain and suffering, mental distress, physical pain and loss of enjoyment of life.
WHY HIRE KAIRE & HEFFERNAN ?
Our qualified and experienced Miami pedestrian accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through pedestrian accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of pedestrian accidents in Miami and all across Florida.
Our pedestrian accident attorneys compile evidence to support and substantiate a pedestrian accident claim. Our team recreates accident scenes, collects witness statements, investigates the driving history of the at fault driver and reviews traffic camera footage, if available.
Our team of Miami pedestrian accident lawyers are skilled negotiators and dynamic litigators who know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly. Our team will:-
- Identity potential defendant/s.
- Gather accident reports, medical records.
- Document all of the victim’s medical treatment.
- Seek compensation from the liable parties.
- Stand up to insurance companies and force them to consider a victim’s claim seriously.
- Consult with leading pedestrian injury experts to determine what victim’s claim is worth.
- Advise the victim so he or she can make informed decisions.
CONTACT A MIAMI PEDESTRIAN ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of any of the following :
- Driver of a passenger vehicle.
- Bus driver.
- Manufacturer of a defective vehicle or product, or a
- Government agency.
Then you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Pedestrian Accident lawyer at our firm for a free case evaluation right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.