Pedestrian Accident in Florida
When we go out on the street, we are a road user, even if we are not licensed to drive. In fact, every day several million Florida pedestrians automatically become road users. Across the United States, Florida is recognized as the most dangerous state for pedestrians. More than five thousand Florida pedestrians have been killed in the past decade, and the largest contingent of fatalities are people over the age of sixty-five. The causes of these consequences are not only negligence on the part of drivers but also poor road design. Pedestrian accident attorneys have helped win many cases in courts where state authorities have been found liable for pedestrian accidents due to poorly designed highways.
Pedestrian Accident Attorneys in Florida
Among road users, the most vulnerable link is the person crossing the road. To avoid a fatal pedestrian accident, Florida law has provisions that give priority to the most vulnerable road user. An important condition is that the pedestrian must travel on a designated road and cross the roadway in strictly designated areas. However, the court is forced to collect evidence of the innocence of one of the road users. For this purpose, witness testimony, data from car DVRs, and street surveillance systems are used. In most cases, Florida pedestrian attorneys are able to collect evidence and the victim receives compensation and restitution. The relatives of a fatal pedestrian accident can also contact our lawyers to help them file a wrongful death claim and receive fair compensation, including funeral expenses.
Determining Liability After a Pedestrian Accident
How is liability for each party involved in a Florida pedestrian accident determined? To prove your innocence, a party to a car accident can only do so much if the following factors are taken into account:
- The driver did not give the right-of-way to the most vulnerable road user.
- The accident was caused by some action of the driver.
- The injury was caused by the actions of the driver of the vehicle.
By contacting personal injury lawyers, you can draft a claim against the other road user for compensation and restitution.
Common Pedestrian Collision Injuries
Most pedestrian accident cases end with injuries and in some cases result in a fatal pedestrian crash. The most common injuries among this category of road users are:
- CMT (traumatic brain injury)
- Fractures of the arms and legs
- Soft tissue contusions
- Eye injuries
- Dislocations
- Fractures of the clavicle or hips
- Tearing and deformation of soft tissues
In order to obtain compensation payments related to the consequences of a car accident, we recommend that you seek help from our experienced personal injury lawyers, who will review your case and help you put together a claim. An important reminder from the lawyers is that if you have been injured, including minor injuries, you need to see a doctor within fourteen days.
Comparative Negligence in Pedestrian Accident Cases
As you know, Florida uses the comparative negligence methodology for drivers of vehicles. Because a pedestrian is also a road user, the comparative negligence rule applies. For example, if you expect to be compensated $66,000 and your fault is 22%, your compensation as determined by the court would be $51,480. But if your fault is more than 50%, then your compensation is zeroed out. We recommend that you seek help from our pedestrian accident attorneys to get the calculation correct.
Florida Pedestrian Accident FAQ
A pedestrian, as the most vulnerable road user, has advantages on the road where drivers of cars and motorcycles must consider their status on the road. Our Florida pedestrian accident attorneys answer common questions. If you don’t find your answer, we encourage you to contact us at your convenience and ask the on-call attorney. An initial consultation with our pedestrian crash attorneys will be completely free for clients.
How Common Are Florida Pedestrian Accidents?
According to the GHSA, Florida is one of the top five US states with the highest number of fatal pedestrian crashes. Combined, Florida, Arizona, California, Texas, and Georgia have a fatal pedestrian crash rate of 47%. In 2019, 6,205 pedestrians were killed on US roads. It is estimated that one pedestrian was killed on the road every 85 minutes in the US. In 2016, there were 20.612 million people living in Florida. That year, 652 pedestrians were killed out of the 3,174 who died in car accidents, which was about 20.5% of the total number of victims. On a per 100,000 population basis, the death toll was 3.16. The horrible statistic grows every year. If your relative was a victim in a car accident, you can always get help and advice from our attorneys on how to obtain compensation.
Why Do Pedestrian Accidents Happen in Florida?
Most accidents are caused by drivers of cars and trucks. Experienced attorneys confirm that the following are the most common causes of accidents when making a claim:
- Drivers of cars are distracted by talking on their cell phones or there is some other facet of distracted driving.
- Drivers are not paying attention to a person who is crossing the road within sight or presence of warning signs.
- The driver is under the influence of drugs or alcohol.
- The operator of the vehicle is exceeding the speed limit in the crosswalk area.
- The driver of the vehicle shows signs of “fatigue” while driving.
These are the main reasons that lead to an auto accident. We recommend contacting our crash lawyers, who will look into your case in detail and help you draw up a claim against the perpetrators of the accident and the insurance companies.
How Does Vehicle Speed Affect the Risk of Fatal Pedestrian Accidents?
A vehicle has a high speed while driving. When a vehicle is traveling at a high speed, the vehicle operator may not always be able to handle the vehicle even if he or she sees a pedestrian in time. In this case, the risk of an accident increases, as the stopping distance at higher speeds increases. Often in this case there are severe consequences, including the risk of death of a pedestrian from a collision with a vehicle. If your relative has been the victim of an accident and has been killed due to the driver’s failure to comply with the speed limit, contact our pedestrian crash attorneys for help.
How Much Is My Florida Pedestrian Accident Claim Worth?
The exact amount of compensation will depend on the circumstances of the incident. The amount of compensation will also depend on the severity of your injuries and the actual insurance coverage of the driver and pedestrian. Once the lawsuit is completed, you will pay a fee to our pedestrian accident lawyer. You can check with the on-call attorney to find out how much you will be paid by giving him the case to analyze.
How Long Will It Take to Resolve My Florida Pedestrian Accident Claim?
There is no one time frame in which your case will be heard. However, there are certain state bar rules that allow for three months to set up a hearing. Thereafter, the trial may be terminated or extended up to six months. The exact length of the trial will be determined by the judge handling your case. Get help from our Florida pedestrian accident lawyers, who will handle your case and accompany you through the entire litigation process. You can find out more about how to interact with our lawyers by phone or by leaving a request in a way that is convenient for you.
Our Pedestrian Accident Attorneys Are Here for You
Whatever your situation, our pedestrian accident lawyers will be here for you. If you have the opportunity, be sure to call our Florida pedestrian accident lawyers for an initial free car accident consultation. We always stand by our client’s side and are ready to protect their interests under Florida law.
References and Resources:
https://www.ghsa.org/sites/default/files/2020-02/GHSA-Pedestrian-Spotlight-FINAL-rev2.pdf
https://www.dolmanlaw.com/florida-pedestrian-accident-lawyer/
https://www.thefllawfirm.com/pedestrian-accident-lawyer.html
https://www.kogan-disalvo.com/florida-pedestrian-accident-lawyer/
https://www.injurylawyers.com/florida-pedestrian-accident-lawyer/
https://www.burnetti.com/florida/pedestrian-accident-lawyers/
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