What to Do if You Are Injured in a Florida Pedestrian Accident.

  • Nov 10 2018

Unfortunately, every day in Florida people are injured or even killed in pedestrian traffic accidents. Recently, the Dangerous by Design study stated that seven of the most deadly cities in America for pedestrians, in terms of car accidents, are in Florida. Pedestrians never expect to be in an accident, and thus they generally wear no safety protection devices. This means that pedestrian accidents can have horrific consequences for those who are hit.

How Are Pedestrian Accidents Caused?

Pedestrian accidents are caused in a number of different ways. Drivers may be distracted by cell phones, music, or other people in the car. Drivers may also be impaired in some capacity due to medical or other substances. Furthermore, some people are just bad drivers, plain and simple. The majority of pedestrian injuries and fatalities are, unfortunately, preventable, meaning that if you are hurt in an accident you likely have a legal claim for recourse. Florida drivers have a legal duty to exercise due care when they drive, which includes watching for pedestrians and other potential road hazards.

What Compensation Can Pedestrian Accident Victims Receive?

You have many different options if you are injured in a pedestrian accident. Of course, the exact circumstances of each case will determine what kinds of compensation you are eligible for, as well as the amount of compensation you can seek. Under Florida law, if you are injured by another person’s negligence you are entitled to full compensation for your medical expenses, lost wages, and other damages stemming from the incident.

While many insurance companies try to assert a comparative negligence claim and place blame upon victims of pedestrian accidents to limit damages, our experienced personal injury attorneys carefully assess each accident to determine who actually is at fault. Often, we are able to show that the driver was speeding, driving aggressively, distracted by their cell phone, or was otherwise driving improperly. We will also look for evidence which demonstrates that the driver had time to yield but did not do so, or did not exercise due care in attempting to avoid colliding with a pedestrian.

Who Can You Sue if You Are Injured in a Pedestrian Accident?

While much of the blame for pedestrian wrongful deaths is squarely upon the shoulders of the drivers who hit them, the study found that engineers who are responsible for designing streets and sidewalks are also to blame, as they failed to take adequate preventative safety measures to protect pedestrians. Some of the features roadway designers routinely overlook include, wider medians, which allow pedestrians to safely avoid traffic, if they get stuck in the middle of a roadway; more marked crosswalks; and lowering roadway traffic speeds in areas know to have significant pedestrian traffic.

Injured in a Pedestrian Traffic Accident?

Although Florida, and Miami in particular, continues to make the news for its high pedestrian fatality rates, Florida drivers unfortunately do not seem to be getting more careful. At Valiente, Carollo and McElligott PLLC, our firm has represented many personal injury clients who were harmed in a variety of different kinds of pedestrian injury cases. Our experienced Miami personal injury attorneys are ready to help you get the compensation you deserve for your injuries. Contact us today to discuss your options.

Posted in: Personal Injury