Pedestrian Accident Attorney in Florida
Pedestrians are susceptible to severe injuries when they are struck by a careless driver. The Florida pedestrian accident lawyers at Holliday Karatinos Law Firm, PLLC can help you if you were hurt in a Florida car crash.
Our Florida Personal Injury Lawyers bring more than 50 years of substantial legal experience to help you effectively assert your right to compensation for a pedestrian accident injury. Contact our office today if you were injured in a car crash.
Pedestrian Accident Statistics
Thousands of pedestrian accidents occur each year. According to data from the National Highway Traffic Safety Administration, more than 4,400 pedestrian deaths occurred due to motor vehicle crashes in 2011.
While motorway accidents can never be completely avoided, there are certain risk factors that make them more likely to happen.
Common causes of pedestrian accidents include:
- Drunk driving
- Distracted driving
- Fail to obey traffic laws
A majority of fatal crashes take place at night, between 6:00 P.M. and midnight, which is when the lack of light and drunk driving are more likely to play a factor in a crash.
The total number of Florida pedestrian accident fatalities in 2020 was 716, a 183-fatality increase from the previous year, according to the GHSA.
Nationally, the GHSA reported there were 7,485 pedestrian deaths in 2021, meaning Florida made up 12% of all pedestrian traffic fatalities in the United States.
Florida motorists are required to purchase at least $10,000 in insurance to cover car crash injuries. While this amount can cover minor injuries, pedestrians are likely to sustain catastrophic injuries in an auto accident.
These injuries could saddle victims with massive medical bills, financial strain, and anxiety over what their futures will look like.
A victim may be able to recover damages for these injuries by initiating a personal injury lawsuit with the help of a Florida pedestrian accident lawyer.
Filing a Claim for Pedestrian Accident Injuries in Florida
Many pedestrian accidents are due to negligent drivers whose actions violate the duty of care. Pedestrians injured in a car accident may file a personal injury claim against the driver who caused the crash.
The claim allows an injured pedestrian to establish liability against the driver and possibly recover damages. Pedestrians can use the theory of negligence to show that the driver was at fault for the crash.
Proving Negligence After a Pedestrian Accident
Negligence is defined as the failure to demonstrate the level of care that an ordinary person would exercise under similar circumstances.
This concept is closely tied to the duty of care, or the responsibility to protect the health and safety of others. Negligence requires that a plaintiff establish:
- The driver had a duty of care (usually that of a reasonable driver under similar circumstances);
- The driver breached the duty of care; and
- The driver’s breach caused the plaintiff’s injuries and damages.
Establishing negligence is key to any pedestrian accident claim. A Florida pedestrian accident lawyer is able to examine your case to evaluate whether negligence was present in the events that led to your injuries such that any and all accountable persons may be held liable.
Examples of Negligence Relating to Pedestrian Accidents
Drivers must exercise care on the road, which includes heeding traffic laws, avoiding collisions with pedestrians, and taking measures to warn pedestrians, such as by honking.
A distracted driver or a driver who fails to yield, for example, can hit a pedestrian and cause injuries as a result.
If the pedestrian can prove that the driver's action or failure to act caused the injuries, then the pedestrian can hold the driver liable for the injuries and get damages.
In another example, a drunk driver who disregards traffic signals and runs a red light might hit a pedestrian at a crosswalk. This driver's negligence would also be considered cause for liability.
Liability may also sometimes be shared with property owners or those that maintain parking lots or an area where the accident happened.
If a parking lot in poor condition led to a pedestrian accident, the person or company charged with its maintenance may be partially responsible.
A skilled pedestrian accident lawyer can help evaluate the circumstances of your personal injury case to determine which parties may be responsible for it.
What Are Common Pedestrian Accident Injuries in Florida?
Injured pedestrians may suffer a wide range of physical trauma after a collision with a motor vehicle. Some of the most common resulting injuries seen after pedestrian accidents are:
- Cuts, bruises, and lacerations
- Road rash and burns
- Broken bones and fractures
- Neck and spinal cord injury
- Traumatic brain injury
Ensure that you seek medical attention after your accident. A pedestrian accident claim can help you recover the compensation you need to pay for your medical treatment of these serious injuries and more.
Your compensation may come from your own insurance company, the other party's insurance company, or a combination of the two. A skilled Florida pedestrian accident attorney can assist in the filing of your insurance claim, as well as compiling evidence that may be used to strengthen your case, such as police reports and records of your medical care.
Recovering Damages After a Pedestrian Accident in Florida
If you successfully prove the elements of a negligence claim, you may be awarded compensation for your damages. You must file your claim within four years from when the accident happened. If you do not, you probably will be barred from holding the careless driver accountable. Compensable damages for a pedestrian accident claim include:
Medical Expenses
These include costs related to your injuries, including medical bills, hospitalization, medications, surgeries, physical therapy, and other medical treatment.
Lost Wages
If you're injured and can't work, you may receive compensation for your lost wages, earnings, and even future earning potential should you be unable to return to your former employment.
Pain and Suffering
An accident can leave victims with lasting damages in the form of emotional distress, loss of happiness, and reduced quality of life. These losses may also be included in your claim for fair compensation.
Wrongful Death Claims
Pedestrian fatalities are unfortunately sometimes a consequence of this type of accident. Relatives of a fatal car accident may file a wrongful death action and potentially receive compensation for their loved one's medical and funeral expenses, pain and suffering before death, and other damages based on their relationship with the victim.
How Florida Pedestrian Accident Attorneys Can Help
If you suffered severe injuries in a pedestrian accident, you'll no doubt need time to recover. A skilled pedestrian accident lawyer can offer you support during this time and help you pursue maximum compensation from all liable parties. We help Florida pedestrian accident victims get back to their life.
Beginning with a free case evaluation, your lawyer will work to understand the events and circumstances of your accident and develop a plan to help you execute your legal rights.
A Florida pedestrian accident attorney with keen local knowledge and years of experience is equipped to deal with the insurance company and knows how to provide a rebuttal to tactics used to undermine or undervalue your damages.
At Holliday and Karatinos Law Firm, PLLC, we take your injuries seriously and want to see you make a physical and financial company to whatever extent is possible.
Our lawyers are available to answer any questions you may have about your case or the legal process during a free consultation.
If you've been injured in a pedestrian accident in Brooksville, Lutz, or any of the surrounding Florida communities, you need a powerful legal ally by your side.
Statute of Limitations for Pedestrian Accidents
In a pedestrian accident claim, victims are normally bound to a certain window of time in which legal actions may be taken. Under Florida state statute, you must file a Florida personal injury claim within four years of the pedestrian accident to preserve your rights, while you must file a wrongful death claim within two years.
Recovering Compensation Even if You Are Partly at Fault
The driver may argue that you are actually at fault for your injuries. For example, if a pedestrian suddenly leaves a curb and runs into oncoming traffic, it may not be possible for the car to stop in time for the driver to yield.
Legal claims that involve shared liability can potentially be aided by working with practicing attorneys who are knowledgeable about pedestrian accident law.
When this happens, Florida will determine each party's percentage. If you are partly at fault, you still can recover damages proportionate to your degree of fault.
The experienced pedestrian accident attorneys at Holliday Karatinos Law Firm can help you understand what your legal options are and work to bring your pedestrian accident case to a positive resolution.
Florida Pedestrian Accident FAQ
Q: What should I do immediately after a pedestrian accident in Florida?
A: First, ensure your safety and seek medical attention, even if injuries seem minor. Report the accident to the police, gather information from witnesses, and document the scene if possible. Then, contact experienced personal injury lawyers who specialize in pedestrian crashes.
Q: How common are pedestrian accidents in Florida?
A: Unfortunately, pedestrian crashes are all too common in Florida. With high vehicle traffic and varying adherence to traffic control devices, pedestrians are at risk. Many accidents result from driver negligence or failure to observe the speed limit.
Q: What are common injuries in pedestrian accidents?
A: Pedestrian accidents often result in severe injuries due to the vulnerability of pedestrians. Common injuries include fractures, traumatic brain injuries, spinal cord injuries, and internal organ damage. These injuries can lead to significant accident-related expenses.
Q: Will my health insurance policy cover my medical expenses after a pedestrian accident?
A: Your health insurance policy may cover some of your medical expenses. However, you may be able to seek compensation from the at-fault driver's insurance to cover additional accident-related expenses, including those not covered by your health insurance.
Q: How is fault determined in a Florida pedestrian accident?
A: Fault is determined by examining factors such as adherence to traffic control devices, speed limit observance, and overall driver negligence. Evidence from the accident scene, witness statements, and police reports are crucial in establishing fault.
Q: What compensation can I seek after a pedestrian accident?
A: You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other accident-related expenses. In cases of severe injuries like spinal cord injuries, compensation may also cover long-term care and rehabilitation costs.
Q: How long do I have to file a pedestrian accident claim in Florida?
A: In Florida, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years. However, it's advisable to consult with personal injury lawyers as soon as possible to protect your rights and gather crucial evidence.
Q: What if I was partially at fault for the pedestrian accident?
A: Florida follows a comparative negligence system. Even if you were partially at fault, you may still be able to recover damages, though your compensation may be reduced by your percentage of fault. Personal injury lawyers can help evaluate your case.
Q: How can personal injury lawyers help with my pedestrian accident case?
A: Experienced personal injury lawyers can investigate your accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary. They can help you navigate complex legal processes and fight for fair compensation.
Q: What if the driver who hit me was violating the speed limit?
A: If the driver was exceeding the speed limit, this could be strong evidence of driver negligence. Your personal injury lawyers can use this information to strengthen your case and potentially increase your compensation.
Q: Are there specific laws protecting pedestrians in Florida?
A: Yes, Florida has laws designed to protect pedestrians. These include regulations about yielding right-of-way, observing traffic control devices, and maintaining safe speeds in areas with high pedestrian traffic. Understanding these laws is crucial for your case.
Q: What if I was hit in a crosswalk?
A: If you were hit while legally using a crosswalk, this strongly indicates driver negligence. Drivers are required to yield to pedestrians in crosswalks, and failure to do so can be a crucial factor in your personal injury claim.
Q: How are damages calculated in a pedestrian accident case?
A: Damages are calculated based on factors including medical expenses, lost wages, pain and suffering, and future accident-related expenses. In cases of severe injuries like spinal cord injuries, long-term care costs are also considered.
Q: What if the driver who hit me was uninsured?
A: If the at-fault driver is uninsured, you may still have options. These could include filing a claim with your own insurance company if you have uninsured motorist coverage, or pursuing a personal injury lawsuit against the driver directly.
Q: How can I improve pedestrian safety and prevent accidents?
A: To improve safety, always use designated crosswalks and obey traffic control devices. Be aware of vehicle traffic, especially in high-traffic areas. Wear visible clothing, particularly at night.
Remember, while these steps can help, many pedestrian crashes result from driver negligence, not pedestrian error.
If you've been involved in a pedestrian accident in Florida, don't hesitate to contact our experienced personal injury lawyers for a free consultation. We're here to help you navigate the legal process and fight for the compensation you deserve.
Contact our Florida Pedestrian Accident Lawyers
At Holliday Karatinos Law Firm, PLLC, we can offer you experienced legal counseling if you were injured in a pedestrian car crash. Our Florida pedestrian accident lawyers are prepared to help you pursue a pedestrian accident claim.
We have extensive experience advising car accident victims and handling complex car crash cases. We are effective litigators who can advocate for you in settlement talks or at trial.
We counsel clients in New Tampa, Brooksville, and the surrounding counties. Contact us today to schedule an initial free consultation with one of our attorneys.
