Pedestrian Vs. Car Accidents
Pedestrians are vulnerable road users at a high risk of injury in an accident with a car or other motor vehicle. Pedestrian accidents involving motor vehicles can result in severe injuries or even fatalities. Florida has a high number of pedestrian accidents. If you or a loved one has been involved in a pedestrian vs. car accident in Florida, it is important to seek the advice of an accident lawyer focused in these cases.
Causes of Pedestrian vs. Car Accidents in Florida
Pedestrian accidents involving cars can occur for a variety of reasons, but some of the most common causes include the following:
- Distracted driving: Drivers distracted by their phones, eating, or other activities while driving are more likely to cause an accident involving a pedestrian.
- Speeding: Speeding drivers have less time to react to pedestrians and are more likely to cause an accident.
- Driving under the influence: Drivers under the influence of drugs or alcohol are more likely to cause a pedestrian accident.
- Failing to yield: Drivers who fail to yield to pedestrians in crosswalks or intersections can cause serious accidents.
- Poor visibility: Poor lighting or inclement weather conditions can make it difficult for drivers to see pedestrians.
If You Hit a Pedestrian with Your Car
It is important to note that drivers must exercise reasonable caution and take necessary precautions to avoid accidents with pedestrians. If a driver fails to exercise proper care and causes an accident, they may be held liable for the pedestrian’s injuries or damages resulting from the accident.
It is important to take immediate action to ensure the safety of the pedestrian and comply with Florida state law. If a driver hits a pedestrian, they must stop their vehicle as close to the accident scene as possible without obstructing traffic.
They should check on the pedestrian to see if they are injured and call 911 immediately. If the pedestrian is unconscious or unable to communicate, the driver should assume they are injured and call for emergency medical assistance.
If the pedestrian is not gravely injured, the driver should exchange information with the pedestrian and any witnesses at the accident scene. This includes their name, address, phone number, driver’s license number, and insurance information. The driver should also provide their vehicle registration and license plate number.
In Florida, you must report the accident to the local police department or the Florida Highway Patrol as soon as possible if the accident results in injury, death, or property damage exceeding $500. Failure to report an accident can result in legal consequences.
The driver should cooperate with law enforcement authorities investigating the accident. This includes answering questions about the accident and providing any other information or evidence requested by the police.
The driver should contact their insurance company to report the accident immediately. Providing accurate and truthful information to the insurance company is important to avoid any potential legal consequences.
Proving Fault in a Pedestrian vs. Car Accident
In a pedestrian vs. car accident, it is important to determine who is at fault for the accident. In Florida, fault is determined based on the concept of comparative negligence. This means that each party involved in the accident may be assigned a percentage of responsibility based on their actions leading up to the accident. For example, if a pedestrian was jaywalking at the time of the accident, they may be assigned a percentage of fault for the accident. A lawyer can help determine fault in a pedestrian vs. car accident by investigating the accident scene, interviewing witnesses, and reviewing any available surveillance footage.
Compensation for Pedestrian vs. Car Accidents
If you or a loved one has been involved in a pedestrian vs. car accident in Florida, you may be entitled to compensation for your injuries. Compensation may include:
- Medical expenses: This includes the cost of any medical treatment or rehabilitation that is necessary due to the accident.
- Lost wages: If you cannot work due to your injuries, you may be entitled to compensation for any lost wages or reduced earning capacity.
- Pain and suffering: This includes compensation for any physical pain, emotional distress, or other non-economic damages that result from the accident.
- Wrongful death: If a pedestrian is killed in a car accident, their family may be compensated for their loss.
It is important to note that the statute of limitations for personal injury claims in Florida is now 2 years from the accident date. On March 24, 2023, the governor of Florida signed into law new restrictions on Florida’s tort law. The recent changes have shortened the time to file a lawsuit for negligence cases from 4 years to 2 years. This means that if you do not file a claim within two years of the accident, you may not be able to receive compensation for your injuries.
How Our Team Can Help
If you or a loved one has been involved in a pedestrian vs. car accident in Florida, it is important to seek the advice of a lawyer focused in these cases. A personal injury lawyer can help you to:
- Investigate the accident: A lawyer can help investigate the accident scene, interview witnesses, and review any available surveillance footage to determine fault.
- File a claim: A lawyer can help you to file a claim for compensation for your injuries.
- Negotiate a settlement: A personal injury lawyer can negotiate with the insurance company to ensure you receive fair compensation for your injuries.
- Represent you in court: If a settlement cannot be reached, a lawyer can represent you to fight for your rights and ensure you receive the compensation you deserve.
In addition to helping you with your legal case, a lawyer experienced in car or pedestrain accidents can provide guidance and support throughout the recovery process. They can connect you with medical professionals who can provide you with the treatment and rehabilitation services you need to recover from your injuries. They can also provide you with emotional support and resources to help you cope with the accident’s physical, emotional, and financial impacts.
If you live near Plantation, Florida, and a negligent driver has injured you, Plantation personal injury attorney Nerina Smart wants to help you through this difficult time. At The Law Offices of Nerina Smart, we understand the physical and financial trauma such an accident brings. We want to be the compassionate advocate in your corner that helps you regain your life following your accident. Contact The Law Offices of Nerina Smart, P.A. today.