Pedestrian Accident Attorney

Types of Pedestrian Accidents

Pedestrian accidents can occur in various scenarios, each with its own contributing factors. Some common types of pedestrian accidents include:

• Crosswalk accidents: Pedestrians are often hit by vehicles while crossing the street at designated crosswalks. These accidents can occur due to drivers failing to yield to pedestrians or speeding through intersections.
• Intersection accidents: Accidents involving pedestrians at intersections are often caused by drivers running red lights or failing to stop at stop signs. Pedestrians may also be at risk when crossing streets with multiple lanes of traffic.
• Parking lot or driveway accidents: Pedestrians can be struck by vehicles in parking lots or driveways, especially when drivers are backing up without proper visibility. These accidents can occur in residential areas, shopping centers, or other parking facilities.

Factors that contribute to pedestrian accidents include driver negligence, such as distracted driving, speeding, or driving under the influence of alcohol or drugs.

Pedestrian distractions, such as using a cell phone or listening to music while walking, can also play a role. Additionally, environmental factors like poor lighting or road conditions can increase the risk of pedestrian accidents.

Common Injuries in Pedestrian Accidents

Pedestrians are particularly vulnerable in accidents involving motor vehicles, often suffering serious injuries. Common injuries in pedestrian accidents include:

• Fractures: Pedestrians may suffer broken bones, such as fractures to the legs, arms, or pelvis, due to the impact of a vehicle.
• Head injuries: Pedestrians can suffer traumatic brain injuries (TBIs) from hitting their head on the ground or a vehicle. These injuries can have long-term effects on cognitive function and behavior.
• Spinal cord injuries: Accidents involving pedestrians can cause spinal cord injuries, leading to partial or complete paralysis and requiring ongoing medical care.
• Soft tissue injuries: Pedestrians may suffer injuries to soft tissues, such as muscles, tendons, or ligaments, resulting in pain and limited mobility.

The long-term impact of these injuries can be significant, requiring extensive medical treatment, rehabilitation, and possibly resulting in disability. Victims of pedestrian accidents may face physical, emotional, and financial challenges as they recover from their injuries.

Legal Rights of Pedestrians

Pedestrians have legal rights in the state of Florida that protect them in the event of an accident. If a pedestrian is injured due to the negligence or recklessness of a driver, they have the right to seek compensation for their injuries and damages.

This compensation can cover medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.

Pedestrian accident liability is determined based on the concept of negligence. If a driver fails to exercise reasonable care and causes an accident that injures a pedestrian, they may be held liable for the pedestrian’s injuries and damages.

Factors such as traffic laws, eyewitness testimonies, and accident reconstruction may be used to determine liability in a pedestrian accident case.

It’s important to note that pedestrians also have a duty to exercise reasonable care for their own safety. If a pedestrian’s actions contribute to the accident, their compensation may be reduced based on the concept of comparative negligence.

Statutes and Regulations to Pedestrian Safety

Pedestrian safety is governed by a variety of laws and regulations at the federal, state, and local levels. These laws are designed to protect pedestrians and ensure their safety on the roadways. Some key statutes and regulations include:

• Traffic laws: Traffic laws govern the behavior of drivers and pedestrians on the road. These laws include rules for yielding the right of way, obeying traffic signals and signs, and using crosswalks.
• Municipal codes: Many cities and towns have specific ordinances related to pedestrian safety, such as speed limits in school zones or designated crosswalks in high-traffic areas.
• State statutes: State laws vary, but most states have laws that require drivers to yield to pedestrians in crosswalks and follow specific rules when passing or approaching pedestrians.

Enforcement of these laws is typically carried out by local law enforcement agencies, such as police departments or sheriff’s offices.

Penalties for violating pedestrian safety laws can vary depending on the jurisdiction and the nature of the violation. Common penalties may include fines, points on a driver’s license, or even license suspension for serious violations.

It’s important for both drivers and pedestrians to be aware of and follow these laws to prevent accidents and ensure the safety of everyone on the road.

Why You Need a Pedestrian Accident Attorney

Hiring a pedestrian accident attorney is crucial to ensure that your rights are protected and that you receive fair compensation for your injuries and damages.

An experienced pedestrian accident lawyer can provide several benefits, including:

• • Legal expertise: A pedestrian accident attorney has a deep understanding of personal injury law and can navigate the complex legal process on your behalf.
  • Negotiation skills: An “hit by a car lawyer” can negotiate with insurance companies and other parties to ensure that you receive the maximum compensation possible.

• Experience with similar cases: An attorney who has handled pedestrian accident cases before will know what strategies are most effective and how to best approach your case.

An attorney can also help you gather evidence, such as medical records, witness statements, and accident reports, to support your claim.

They can also handle communication with insurance companies and other parties, allowing you to focus on your recovery.

Our Approach to Pedestrian Accident Cases

We understand the challenges that pedestrian accident victims face, and we are committed to providing compassionate and effective legal representation.

Our approach to handling pedestrian accident cases includes:

• Initial consultations: We offer free initial consultations to discuss your case and provide you with an understanding of your legal rights and options.
• Investigation process: We conduct a thorough investigation into the circumstances of your accident to gather evidence and build a strong case on your behalf.
• Legal strategies: We develop personalized legal strategies tailored to the specific circumstances of your case, aiming to achieve the best possible outcome for you.

Our firm of pedestrian accident attorneys has a proven track record of success in handling pedestrian accident cases, and we have helped numerous clients recover the compensation they deserve. We are dedicated to fighting for justice for pedestrian accident victims and their families.

Pedestrian Safety Tips for Drivers

Sharing the road safely with pedestrians is essential to prevent accidents and ensure the safety of everyone on the road. Here are some tips for drivers to help reduce the risk of pedestrian accidents:

• Watch for pedestrians at intersections. Be alert and watch for pedestrians when approaching intersections, crosswalks, and bus stops. Always be prepared to stop and yield the right of way to pedestrians.
• Yield the right of way. Pedestrians always have the right of way in crosswalks, whether marked or unmarked. Yield to pedestrians crossing the street and allow them plenty of time to safely cross.
• Obey speed limits. Obey posted speed limits, especially in areas with a high volume of pedestrians, such as school zones or residential areas. Slowing down can give you more time to react to unexpected situations.
• Avoid distractions. Avoid distractions while driving, such as using your phone, eating, or adjusting the radio. Keep your focus on the road and be prepared to react to pedestrians at all times.
• Use caution when turning. When turning at intersections, be aware of pedestrians crossing the street. Look both ways before turning and yield to any pedestrians in the crosswalk.

By following these tips, drivers can help create a safer environment for pedestrians and reduce the risk of accidents on the road.

Frequently Asked Questions About Pedestrian Accidents

After a pedestrian accident, you may have several questions about your legal rights and options. Here are some common questions and answers to help you understand the process:

Who is liable for a pedestrian accident?

Liability in pedestrian accidents is typically determined by the concept of negligence.

If a driver fails to exercise reasonable care and causes an accident that injures a pedestrian, they may be held liable for the pedestrian’s injuries and damages.

How do I file a claim for a pedestrian accident?

To file a claim for a pedestrian accident, you will need to gather evidence such as medical records, witness statements, and accident reports.

You will then need to submit a claim to the at-fault party’s insurance company.

What damages are recoverable in a pedestrian accident case?

Damages that may be recoverable in a pedestrian accident case include medical expenses, lost wages, pain and suffering, and property damage. The exact damages available will depend on the specific circumstances of your case.

What should I do if I witness a pedestrian accident?

If you witness a pedestrian accident, your first priority should be to ensure the safety of the victim and yourself.

Call emergency services immediately and provide first aid if you are trained to do so. Do not move the victim unless it is necessary to prevent further harm.

Gather information about the accident, such as the location, the vehicles involved, and any witnesses. Provide this information to the authorities when they arrive.

Can a pedestrian be at fault for an accident?

Yes, a pedestrian can be at fault for an accident in certain situations. For example, if a pedestrian crosses the street against a traffic signal or jaywalks, and their actions contribute to the accident, they may be considered partially at fault.

In such cases, the pedestrian’s ability to recover damages may be reduced based on their degree of fault, as determined by the legal principle of comparative negligence.

How long do I have to file a claim for a pedestrian accident?

In Florida, the time limit for filing a claim for a pedestrian accident is 2 years from the accident.

What if the driver flees the scene after hitting a pedestrian?

If the driver flees the scene after hitting a pedestrian, it is considered a hit-and-run accident.

In such cases, victims can seek compensation through other avenues, such as uninsured motorist coverage if they have it. It’s crucial to report the accident to the police immediately and gather as much information as possible about the driver and their vehicle.

Can I still file a claim if the accident was partially my fault?

Yes, you can still file a claim if the accident was partially your fault.

Most states follow the legal principle of comparative negligence, which allows you to recover damages based on your degree of fault. However, your compensation may be reduced based on the percentage of fault assigned to you.

How long does it take to settle a pedestrian accident case?

The time it takes to settle a pedestrian accident case can vary depending on various factors, such as the complexity of the case, the extent of injuries, and the cooperation of insurance companies.

Some cases may be settled in a few months, while others may take a year or more. It’s important to be patient and work closely with your attorney to pursue a fair settlement.

Do I need an attorney for a pedestrian accident claim?

While you are not required to hire an attorney for a pedestrian accident claim, it is highly recommended.

An experienced pedestrian accident attorney can help you navigate the legal process, negotiate with insurance companies on your behalf, and maximize your compensation. They can also provide valuable guidance and support during a challenging time.

Can I still file a claim if the driver was not cited or charged with a crime?

Yes, you can still file a claim if the driver was not cited or charged with a crime. Civil claims for personal injury are separate from criminal charges, and the outcome of one does not necessarily affect the other.

If you believe the driver was negligent and their actions caused your injuries, you may still be able to seek compensation through a civil claim.

How can I prevent pedestrian accidents in the future?

To prevent pedestrian accidents in the future, both pedestrians and drivers should follow safety guidelines. Pedestrians should use designated crosswalks, obey traffic signals, make eye contact with drivers, and avoid distractions like phones or headphones.

Drivers should watch for pedestrians, especially in pedestrian-heavy areas, and obey speed limits and traffic laws. Staying alert and being aware of your surroundings can help prevent accidents and ensure everyone’s safety on the road.

If you or a loved one has been injured in a pedestrian accident, it’s important to seek legal help as soon as possible. Our experienced pedestrian accident attorneys are here to help you understand your rights and pursue the compensation you deserve.