A Compassionate Plantation Pedestrian Accident Attorney Ready to Fight For You
What is an Auto-Pedestrian Accident?
Post-pandemic, more people are getting outside, walking, bike-riding, and jogging. Unfortunately, more pedestrians mean more pedestrian accidents. When a pedestrian is hit by a car, the resulting injuries are likely to be extremely serious—even life-threatening. Pedestrians have absolutely no protection when hit by a 3,000-pound vehicle. They have no airbags, no seat belt, no helmet, and no glass and steel “cage” surrounding them. This makes them extremely vulnerable when involved in a car accident. If you or your family member has been injured as a pedestrian, contact an experienced Plantation pedestrian accident attorney at The Law Offices of Nerina Smart, P.A.
When a pedestrian accident occurs, the victim and their family may have to deal with financial devastation in the form of medical expenses and lost wages. The emotional and physical trauma from the auto-pedestrian accident can cause additional issues in the future (PTSD, anxiety, depression). If your auto-pedestrian accident was the result of negligence on the part of the driver, you should not be responsible for the physical, emotional, and financial consequences.
It is crucial that you take legal action quickly—the state of Florida allows four years from the date of the accident, but the sooner you file a claim, the sooner you will receive compensation for your injuries. Having a Plantation pedestrian accident attorney from The Law Offices of Nerina Smart, P.A. will allow you the time to heal from your injuries while we advocate on your behalf.
What Are the Primary Causes of Pedestrian Accidents?
While there are many causes of pedestrian accidents, some of the most common causes include:
- Unmarked crosswalks: Drivers are much less likely to see pedestrians when they’re focused on driving or parking their vehicles.
- Left-hand turns: When a vehicle is turning left, the driver’s attention is focused on navigating the intersection rather than watching out for pedestrians.
- Distracted driving: The cause of virtually every type of auto accident, including auto-pedestrian accidents. When a driver is looking down at a phone, talking on the phone, eating, or otherwise distracted, it’s much easier to overlook a pedestrian.
- Quiet cars (battery-powered): While they are good for the environment, they are more likely to be involved in a pedestrian accident than their gas counterparts. In heavy city traffic and residential areas, pedestrians may have no warning of an oncoming battery-powered car. Drivers of these cars must be even more vigilant than drivers of gas cars to avoid hitting a pedestrian.
- Impaired drivers: Not only do they hit other drivers, but they also hit pedestrians. Those who are impaired have a slower reaction time, and their judgment is often impaired, leading to serious and sometimes fatal
- Back-over accidents: These occur in parking lots when drivers may be looking for other cars but fail to see those walking behind their own cars. Back-over accidents also occur when a driver is backing out of their own driveway and fail to properly look for those walking down the sidewalk. Children are at a high risk of back-over accidents.
- Excessive speed: Excessive speed can not only lead to a pedestrian accident, but it can cause the pedestrian’s injuries to be much more severe—even fatal.
Where Are Auto-Pedestrian Accidents Most Likely to Occur?
According to the NHTSA, most pedestrian accidents occur in urban areas where there are no marked intersections. A pedestrian may be crossing at an unmarked intersection, assuming the driver is watching out for pedestrians and bicyclists. The majority of fatal pedestrian accidents occur at night, often in busy cities, or on stretches of rural roads.
Intersection accidents occur when a pedestrian crosses in front of a motorist going through a light, crosses in front of a driver turning right or left, or when a driver incorrectly assumes what the pedestrian will do. A driver who proceeds with limited visibility, one who is committing a traffic infraction (like a U-turn), or a driver who fails to comply with signs and signals can also strike a pedestrian.
Is the Driver Always at Fault in a Pedestrian Versus Car Accident?
In most cases, the driver is at fault for hitting a pedestrian. Drivers have a duty of care to watch out for those who are more vulnerable, including pedestrians, bicyclists, and motorcyclists. If a pedestrian entered the street at the wrong location or failed to look both ways, the fault for the accident might be shared between the pedestrian and the driver. The state of Florida operates under the pure comparative negligence rule.
This means if you are partially at fault for the accident, the amount of compensation you receive will be reduced. While you will still be able to recover some compensation for your injuries, your settlement will be reduced by your percentage of fault. As an example, if you receive severe injuries after being hit by a driver, but you walked when the light was green, it might be determined that you are 20 percent responsible for the accident. If you were awarded $100,000 in damages, you would receive $80,000.
What Are Some of the Most Common Injuries for Pedestrians After Being Hit by a Car?
Pedestrians are most often hit in the lower extremities first when the vehicle hits them. Trauma to the ligaments and muscles, pelvic fractures, broken bones, and lacerations are all common pedestrian injuries. The neck, face, and head of the pedestrian can strike the hood or the windshield, causing injuries like shoulder displacement, jaw and facial fractures, concussions, traumatic brain injuries, injuries to the vertebrae, and neck injuries.
When a pedestrian is tossed over a vehicle (usually in higher-speed accidents), the upper extremities are also vulnerable. This includes arm, wrist, and hand injuries as well as abdominal and chest injuries. Internal injuries and internal bleeding, as well as spinal cord injuries, are all common injuries for pedestrians struck by an automobile.
How a Plantation Pedestrian Accident Attorney from The Law Offices of Nerina Smart, P.A. Can Help
If you or a loved one were a pedestrian injured by an automobile you are entitled to damages for your physical, emotional, and financial damages. Attorney Nerina Smart will walk you through the personal injury claims process with compassion and experience. Nerina will immediately begin working to identify the liable party through a thorough, detailed investigation.
We will collect police reports, witness statements, medical records, and statements from expert witnesses to build a strong case on your behalf. The Law Offices of Nerina Smart, P.A. will make a real difference in your pedestrian claim by investigating how the extent of your injuries have affected your everyday life. If personalized client attention is important to you, contact The Law Offices of Nerina Smart, P.A., and we will pursue justice on your behalf.