Miami Pedestrian Accident Attorneys
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, you may be able to pursue legal action against the party responsible for the accident. Contact our firm to get knowledgeable legal counsel concerning your accident.
Florida Law on Pedestrian Accidents
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 pedestrian accidents lawyer as soon as possible.
What Types of Damages Are Available to Pedestrian Accident Victims?
Economic damages, non-economic damages, and punitive damages are the three types of damages that may be compensated for under personal injury laws in Florida. Serious injury claimants are entitled to both economic and non-economic damages, which are awarded as monetary compensations.
You may be entitled to compensation for both past and future economic damages caused by pedestrian accident injuries. These 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
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical impairment
- Loss of consortium
If you’ve been severely hurt, you should seek out the highest level of compensation feasible. At the law firm Kaire & Heffernan, we have the resources to help you secure full compensation for your pedestrian injuries. To schedule a free case review, call our Florida pedestrian accident lawyers in Miami at 866-769-0123!
How Do I Prove Negligence After a Pedestrian Accident in Florida?
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 can be held accountable for any damages incurred with the help of pedestrian accident attorneys in South Florida.
In a pedestrian accident case, the injured person must demonstrate four things to establish negligence:
A Duty of Care Was Owed
The first step in any negligence claim is to show the existence of a duty of care.
It is generally true in most vehicle accident situations that the driver had a duty of care for the pedestrian victim. The enforcement of this responsibility is demonstrated in state traffic laws, which demand that drivers be competent and attentive at all times.
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 Victim’s Injuries Were Caused by the At-Fault Party’s Negligence
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.
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.
Injuries From a Pedestrian Accident
A number of injuries can occur as a result of a pedestrian accident, many of them life-altering. Some of these include:
When you or a loved one are 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.
Legal Options After a Pedestrian 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. A knowledgeable Miami pedestrian accident lawyer will guide you through the legal process. Your lawyer can help you understand if you have a case, and how to pursue that case to a successful completion.
Florida Leads The Country In Pedestrian Deaths
Pedestrian fatalities in Florida have increased 15% since 2009. When it comes to deaths per 100,000 residents, Florida leads the nation at 2.70.
Given what we know about pedestrian accidents and the new emphasis on urban living we need lower speed limits and stricter enforcement. Sidewalks in downtown are Brickell would also help.
In the event you are injured as a pedestrian, please keep in mind that under the PIP/No Fault laws, your car insurance company will pay your medical bills up to $10,000.00 regardless of fault. Alternatively, if you do not own a car, but reside with a relative that owns a car-then his/her insurance company will pay your medical bills. Lastly, if you do not own a car nor reside with a relative that owns a car, then the insurance carrier for the vehicle that struck you will pay your medical bills.
If you have any questions about insurance coverage and payment of medical bills following a pedestrian accident, call our lawyer who specialize in pedestrian accidents.
Actual Damage Was Caused
An injured pedestrian must demonstrate how their serious injuries caused economic harm, such as financial hardship, medical expenses, lifelong disability, and other expenditures.
After receiving medical treatment, contacting a competent Miami pedestrian accident lawyer should be one of your first actions. At Kaire & Heffernan, LLC, our personal injury lawyers will go through the components of negligence to help you build your case and get the greatest possible outcome. To book your free consultation with our law firm, contact us online or call a pedestrian accident attorney at 866-769-0123 now.