protecting the victims of pedestrian accidents

Did you know that the state of Florida has the second highest fatality rate for pedestrians involved in traffic accidents? Preliminary data from 2017 on pedestrian traffic fatalities estimates the number of pedestrians killed in motor vehicle crashes nationwide in was 5,984. That is about 16% of all traffic deaths in the country. Florida’s average was around 3.22 per 100,000 people. Miami-Dade is actually in the top 5 counties in the entire country for pedestrian traffic deaths. Despite motorists being responsible for adhering to road safety regulations designed to protect pedestrians, the data reminds us just how many drivers make dangerous mistakes that put others at risk. Sometimes, these incidents even involve other vehicles, putting even more people in harm’s way. Pedestrian accidents are a common cause of severe injury or even death.

If you or someone you love are ever the victims of pedestrian accidents, it is important that you do everything you can to protect your rights. By contacting a lowercase personal injury attorney, you are securing experienced and effective legal representation that will evaluate your case and guide you through the best course of action to receive compensation for your damages.

florida law and pedestrian rights

If one can prove that a driver is responsible for a car accident that causes damages to a pedestrian, it entitles the victim to compensation for all losses from the accident. To qualify for a settlement, the pedestrian would need to prove:

  • That the driver broke a rule of the road (such as breaking maximum speed limit laws) and/or that the driver was more careless than any average reasonable driver.
  • The driver’s negligence, carelessness or a traffic rule violation was a direct cause of a pedestrian accident.
  • That actual harm is a result of the pedestrian crash.

If you are the family member of a pedestrian killed in a car accident, you can also file claims against the responsible drivers. Family members would still need to prove the three aforementioned criteria. However, unlike in criminal court, there is no requirement that a case be proved beyond a reasonable doubt. Instead, it is sufficient to prove by a preponderance of the evidence that the driver should be made to compensate the pedestrian victim.

However, it is important to note that Florida law does set regulations for pedestrians on roadways. For instance, Florida Law states:

  • No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.
  • No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
  • Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

So while it is important to make sure that you protect your rights, it is equally important to understand your rights. Our team of attorneys is here to help you navigate the details of your case. Let our personal injury lawyers guide you through the process of pursuing litigation.

risk of serious/permanent injury and wrongful death

For a pedestrian to be the victim of an accident involving one or more motor vehicles, it goes without saying that serious and permanent injuries are very common, and are often expensive to treat. In filing a claim for a pedestrian collision causing serious injury or wrongful death, the personal injury lawyers at lowercase fight to ensure that the victim and their family have the financial resources to meet his or her medical needs.

Often, these severe or even permanent injuries eliminate a victim’s ability to earn a living. In wrongful death cases, their families may lose their income and experience a decline in quality of life. This kind of pain and suffering should also be considered for compensation. In Florida law there are usually two types of damages to consider in an accident claim:

1. Economic (or “special”) Economic damages refer to the more concrete costs of an injury. This includes things like medical expenses and lost wages.

2. Non-economic (or “general”) Non-economic damages are the more subjective costs of an accident. This is pain and suffering related to the accident like depression, insomnia and other quality of life conditions.

By these standards, damages due to pedestrian accidents should include:

  • Medical treatment costs, including future treatments you may need as a result of the accident
  • Compensation for loss of earning potential and for time unable to work
  • Compensation for pain and suffering and emotional distress
  • Wrongful death damages such as loss of income, funeral expenses, medical expenditures, and lost companionship

If you are the victim of a pedestrian collision because of an irresponsible driver, or you suffer the devastating loss of a loved one, you deserve compensation. Our attorneys are able to help you determine how to provide evidence of your suffering. The personal injury lawyers at lowercase will utilize their expertise to represent your interests in court.

how a lowercase attorney can help

The victims of pedestrian accidents are still obligated to prove their case in order to recover monetary compensation. Therefore, it is important that you consult with a personal injury lawyer right away. You do not want to wait while you or your loved one is suffering. A lowercase attorney can:

  • Help you to identify and collect vital evidence for your case
  • Advise you on your options
  • Deal with insurance companies on your behalf
  • Coordinate with witnesses

A crucial component to having reputable and effective representation is also to help guide down the right path for you. There could also be an opportunity to avoid a trial. In such cases, a pedestrian crash attorney with lowercase can help you negotiate an out-of-court settlement with the insurance company of the driver. Remember, once you accept a settlement you waive your legal right to file a lawsuit.

As to be expected, drivers or insurance companies involved in cases of pedestrian accidents will try to pay out as little as possible. But with the right legal help, you have the opportunity to receive full and fair compensation for both economic and non-economic damages. Let lowercase do the work to facilitate efficient and effective litigation for your case. Our lowercase fee makes it so that our clients get more of their settlement so that those who need help can get the relief they need with the justice they deserve.

call us today

lowercase pedestrian accident lawyer is ready right now to help you take the necessary steps toward filing your claim. Call us today at 833-LOW-FEE5 (833-569-3335).

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