Injured In A Pedestrian Accident? We Can Help You Seek Justice.
In a collision between a pedestrian and an automobile, there is never any question as to who comes out on top. Thousands of pounds of metal can be incredibly damaging to the human body, even if the car is barely moving. If you or a loved one has been in a pedestrian accident with a car or truck in the Miami area, you may be able to pursue legal action against the party responsible for the accident. Contact Kaire & Heffernan, PLLC, to get knowledgeable legal counsel from our experienced and caring attorneys.
Florida Laws Governing Pedestrian And Driver Behaviors
Pedestrian regulations in Florida cover how pedestrians should act in traffic situations and pedestrian accidents. Section 316.130 of the Florida Statutes stands out as particularly important to note pedestrian conduct and regulations in traffic situations. There is no doubt that pedestrians are accountable for being cautious, visible, off the road and mindful of any rules. However, drivers have a duty of care for pedestrians since they are ultimately responsible for their own actions and trying to avoid an auto accident.
Drivers must operate their cars safely and give pedestrians the right of way when required. If they don’t, then they are being negligent, which is both prosecutable and punishable if it leads to pedestrian fatalities or injuries. In such circumstances, the injured party may seek compensation for their suffering, or the family of a victim may pursue a wrongful death claim. If you or a loved one has been involved in a pedestrian-car accident, you should consult with a lawyer as soon as possible.
What Types Of Damages Are Available To Pedestrian Accident Victims?
Serious injury claimants are entitled to both economic and noneconomic damages. Examples of economic damages include:
- Medical bills (past and future)
- Physical therapy and rehabilitation
- Nursing care
- Home health care services
- Loss of current wages, benefits and retirement contributions
- Lost future earning capacity
- Property damage
Noneconomic damages include:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical impairment
- Loss of consortium
Our firm has been in operation since 1997, and we have the experience and resources to help you secure full compensation for your pedestrian injuries.
Proving Negligence After A Pedestrian Accident
In all pedestrian accident claims, the claimant must produce clear proof of negligence. The term “negligence” refers to an act a reasonable person in the same situation would not have done. If someone’s carelessness caused or exacerbated an accident, he or she could be held accountable for any damages incurred.
In a pedestrian accident case, the injured person must demonstrate four things to establish negligence:
- A duty of care was owed: It is generally true in most vehicle accident situations that the driver had a duty of care for the pedestrian victim, including obeying traffic laws and driving in a way that minimizes risks to others.
- The duty of care was breached: Driving without due care, for example, is negligence since it fails to fulfill one’s duty of care. Distracted driving, speeding, disregarding traffic signs or signals, and driving while intoxicated are all examples of negligence.
- The breach of duty directly led to the victim’s injuries: To successfully bring a personal injury claim, you must show that the driver’s negligence caused serious injuries to you. The failure in care must have directly resulted in the injuries incurred by the pedestrian.
- The victim suffered damages as a result of their injuries: An injured pedestrian must demonstrate how their serious injuries caused economic harm, such as financial hardship, medical expenses, lifelong disability and other expenditures.
Some of these elements are straightforward. Others can be more difficult to prove, which is why it is important to work with a skilled lawyer.
The Dangers Of Walking In Florida
Florida does not have a good track record when it comes to pedestrian injuries and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), Florida had 476 pedestrian fatalities in 2012. This figure places Florida in second place for most pedestrian fatalities, with only California having more.
The problem is so significant that the Center for Urban Transportation Research at the University of South Florida released a Florida Pedestrian and Bicycle Strategic Safety Plan to help the state address the excessive pedestrian accidents. According to this document, Florida’s pedestrian fatality rates were almost double the national average as of 2011.
Common Injuries Suffered By Pedestrians
A number of injuries can occur as a result of a pedestrian accident, with many of them being life-altering. Some of these include:
- Road rash
- Spinal injuries
- Broken or fractured bones
- Brain damage
When you or a loved one is hurt in a pedestrian accident through no fault of your own, it is always advisable to seek out an experienced accident attorney. Injuries can last a lifetime, and the medical and financial costs associated with them can be substantial.
What To Do Following Your Accident
When you are hit by a car, you may be injured, disoriented, confused and in pain. If so, your first step following such an accident should be to seek medical attention. However, injuries from an accident may take time to become apparent. Even if you are not in pain, take the proper steps that come after any accident like this. Record all the information you can – including personal information from the driver, insurance information, car details, etc. Take pictures of the accident scene if you have the opportunity.
After you have sought out appropriate medical care, your next step should always be to speak with an attorney who can guide you through the legal process. Your lawyer can help you understand if you have a case and how to pursue that case to successful completion.
Learn How We Can Help You During A Free Consultation
Kaire & Heffernan, PLLC, is located in Miami, and we serve clients throughout the surrounding areas of Florida. To book your free consultation with our law firm, contact us online or call 305-376-7860 today. Se habla español.