Pedestrian Accident in Fort Myers
Virtually every American can be considered a pedestrian by right, as everyone makes trips to the store or takes walks. Overall pedestrian traffic in the United States is considered the heaviest in the world. Nevertheless, danger lurks for all of us. Statistics show that in 2019 alone, pedestrian deaths totaled 6,205 nationwide. In Florida, there are counties that are leaders in fatalities. For example, Orlando County had 740 pedestrian fatalities, or 3 per 100,000 people, between 2010 and 2019. This county ranks first in the United States. The situation is no better in Fort Myers, where there is heavy pedestrian traffic and pedestrian crash cases, including fatalities, have been recorded. The best Fort Myers pedestrian accident lawyers are always ready to protect the interests of the vulnerable road user and help achieve a fair compensation for the victim of the incident.
Fort Myers Pedestrian Accident Lawyers
Your personal lawyer will work on your behalf and help you to competently draft a pedestrian accident claim. You may be treated and rehabilitated for the effects of a Fort Myers pedestrian accident, and your personal attorney will gather evidence and conduct expert testimony if necessary to prove that you were innocent and can receive full compensation from the person responsible for the incident that triggered the pedestrian accident case. You or your next of kin have the right to seek help from a Fort Myers pedestrian accident attorney, who will review the case and begin working with insurers, the guilty party, witnesses, and a jury trial.
For each Fort Myers crosswalk accident, your personal lawyer will conduct a personal investigation and request the necessary documents and expertise. He or she will then file a reasoned pedestrian accident claim for compensation for the personal injury you have suffered. Experienced personal injury attorneys win complex lawsuits and obtain economic and noneconomic damages for victims of car accidents.
Florida State & Fort Myers City Pedestrians Laws
To ensure the safety of vulnerable road users and prevent them from suffering personal injury in a car accident, Florida state and Fort Myers city laws have a number of rules.
- There are marked crosswalks and warning signs for drivers at crosswalks and intersections. However, the pedestrian must also consider the volume of traffic; if there is a car in the marked crosswalk, traffic is prohibited. Light signals must also be considered. A red light warns against crossing; a green light allows traffic.
- There are sidewalks along the road that are designed for pedestrian traffic. Vehicles, including motorcycles and bicycles, may not use these areas for traffic. In areas where there are no sidewalks, traffic is allowed on the left side, facing moving vehicles.
- To prevent a Fort Myers pedestrian crash, drivers must pay attention to signs and make sure there are no people in sight and no collision is possible.
Pedestrian and pedestrian liability regulations are set forth in Florida Statutes FS 316.130. However, the pedestrian accident attorney practice shows that not everyone involved in traffic abides by the rules. To a greater extent, there is the fault of drivers and, to a lesser extent, of pedestrians themselves. If you are in this situation and you have suffered a personal injury, seek the help of a personal pedestrian accident attorney who can protect your interests and gather evidence about the incident.
Determining Fault in a Pedestrian Accident
Who may be at fault in a Fort Myers pedestrian accident? It is important to remember that all road users are equally responsible on the road. This also applies to pedestrians. The state has a modified guilty plea system. The amount of compensation charged will depend on this: If, for example, a pedestrian has claimed $120,000 in compensation and is 30% at fault, then the pedestrian can receive $84,000 in compensation. The same rule applies to the driver. However, if the fault is more than 50%, the reimbursement would be $0. Nevertheless, depending on the insurance, it is possible to get compensation. We recommend that you consult with our Fort Myers lawyers on this issue.
Common Characteristics of Pedestrian Accidents
Nowadays, there are several scenarios that trigger Fort Myers crosswalk accidents and they have certain characteristics. In each case, an attorney has to look into the situation in detail, gathering evidence, witness statements, and other data so that the victim can receive compensation payments, including medical bills for treatment and rehabilitation at Fort Myers hospitals.
- Intersections. Some intersections are unregulated, making it difficult for objective action on the part of the person and the driver of the vehicle.
- Failure to Maintain Distance by Vehicles. For example, one driver stopped at a crosswalk to allow pedestrians to pass while another driver rear-ended or overtook them and hit a person.
- Biased Assessment of the Road Situation by the Driver in Heavy Traffic. In this case, the car merges with the flow of cars and the driver does not see the road signs that warn of the priority traffic on one of the sections of pedestrians.
- Pedestrian Fault. In some places, a pedestrian deliberately breaks the rules and jumps out in front of a nearby vehicle. In this case, the fault is most often on the side of the pedestrian.
Pedestrian accidents also occur outside of a vehicle’s travel zone. Our lawyers have had cases that have shown accidents and disasters in parking lots near shopping malls, in temporary stop zones, etc. This case determines the degree of fault of the driver who was maneuvering in the parking lot and the actions of the pedestrian. If you have cases in these situations, we recommend contacting our pedestrian crash lawyers for a free consultation about your possible next steps.
Filing a Police Report After a Pedestrian Accident
Under the rules of the road, even if there is a minor accident and the pedestrian is uninjured, the Florida Department of Highway Safety must be notified within ten calendar days. Otherwise, there could be trouble when the case is tried in court. There may also be problems in the future if you develop health complications from the aftermath of the accident. We recommend getting clarification on this issue from our Fort Myers lawyers.
Common Pedestrian Accident Injuries.
A pedestrian will be a vulnerable road user in any case if a car accident has been triggered. Essentially, the person has no protection, and any collision results in injuries and, in some cases, death. The most common injuries are:
- Soft tissue lacerations
- Bruises to the head
- Damage to the back, neck
- Fracture of extremities
- Internal bleeding from impact with a motor vehicle
The nature of injuries can be devastating and occasionally fatal. Seek help from our attorneys, who will prepare the evidence to draft a claim for the incident.
Compensation for Pedestrian Accident Victims
The exact amount of compensation will be determined based on the insurance available. It is recommended that all citizens have personal insurance to help cover up to 80% of medical expenses and 60% for loss of employment. In other cases, evidence will need to be provided to recover a different amount of compensation from the at-fault party. By contacting personal injury attorneys, it is possible to get compensation for economic damages under PIP insurance and noneconomic damages for all other cases.
Pedestrian Accident FAQs
A pedestrian has every right to enforce his or her legal rights when he or she goes to court or the insurance company. Our attorneys answer your questions here and are available to provide additional free advice on your case.
What Do Pedestrian Accident Statistics Reveal?
In Florida, from 2018 to 2019, the total number of car accidents involving pedestrians increased from 9,536 to 9,736. At the same time, there were 720 fatalities in 2018 and 734 in 2019. In Lee County, pedestrian accidents increased by 3% during this period.
How Do I Protect My Pedestrian Accident Claim?
Once you and our pedestrian accident attorney file a claim with your insurer or court panel, you are automatically protected by the state. During the proceedings, all parties involved provide evidence or a rebuttal of the incident. The important stipulation is that you must file your claim within four years of the incident. Otherwise, the deadline will be missed and the court will dismiss the lawsuit.
Why Are Fort Myers Pedestrian Accidents so Dangerous?
There is a lot of traffic in the city because there are many tourists and residents who use regulated and unregulated areas to get around. In recent years, accidents involving drunk drivers and vehicle operators who are negligent and do not give way to a vulnerable road user have increased. There are also many cases where a pedestrian breaks the rules and jumps out in front of a nearby car.
What Forms of Driver Negligence Commonly Cause Fort Myers Pedestrian Accidents?
It is not uncommon in attorneys’ practice to see cases where the signs of negligence are distracted driving. For example, there are a lot of cases of accidents when the driver is texting or talking on the phone. There are also a lot of cases of drowsy driving.
Statute of Limitations for Pedestrian Accident Lawsuits
To file a lawsuit and use a pedestrian accident lawyer, you have four years from the date of the accident. However, if you have medical negligence complications after the accident, then the statute of limitations is only two years. We recommend that you contact your lawyer immediately after the accident so that you don’t miss the statute of limitations.
Common Parties With Legal Liability for Pedestrian Accidents
In some cases, the common parties to the incident are identified when the attorney is involved in drafting the lawsuit. This may be, in addition to the driver, his or her employer if the operator of the vehicle was driving a commercial vehicle. In a bus accident, local city and state authorities may be held liable. To determine who is at fault, we recommend that you seek the help of a lawyer, who will gather evidence and review the circumstances of the incident to make a claim against the people involved.
Get a Free Consultation
If you or a loved one has been the victim of an incident while on foot, you can seek help from our attorneys. By submitting your case for analysis, you can receive a free and extensive consultation about your next steps.
References and Resources:
https://www.nhtsa.gov/road-safety/pedestrian-safety
https://www.flhsmv.gov/pdf/crashreports/crash_facts_2019.pdf
https://www.attorneyshapiro.com/fort-myers-personal-injury-attorney/pedestrian-accidents/
https://www.injurylawyers.com/fort-myers/pedestrian-accident-lawyer/
https://www.dennishernandez.com/fort-myers/fort-myers-pedestrian-accident-lawyer/
https://www.garvinlegal.com/fort-myers-pedestrian-accidents-lawyer.html
Today
