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Pedestrian v. Automobile Injuries
Florida Pedestrian Accident Attorneys
According to the National Highway Traffic Safety Administration, a pedestrian is killed in a traffic accident every 2 hours, and pedestrian injuries occur every 8 minutes. Pedestrian accidents are particularly tragic because most of them are preventable. Most pedestrian accidents result in catastrophic injuries for pedestrians. As you can imagine, when a vehicle composed of 3000-6000 pounds of steel hits a pedestrian at speeds of 25-50 miles per hour injuries such as traumatic brain injury, serious fractures of arms, legs, pelvis, spine, internal bleeding and significant edema are expected. These injuries are life-long and would require significant medical treatment costing often millions of dollars. If you or someone you love has been injured in a pedestrian accident due to someone else’s negligence, call one of your attorneys at Borkovic Law Group for a free consultation and dedicated representation. We can help you fight and recover the just compensation you deserve for losses sustained. You can reach us at (727)798-5291.
Your Rights as a Pedestrian in Florida
In Florida, pedestrians generally have the right of way when crossing a street or road, and care for pedestrians is held to a more protective standard than if you were to be driving in a car. Even if there are no crossing signals present at an intersection, drivers are expected to yield to pedestrians once they have stepped into the crosswalk. On the flipside, pedestrians are expected to yield to drivers if they cross a street in an area that does not have a designated crosswalk. If for example, a pedestrian was to J-walk across oncoming traffic where there is no designated crosswalk for pedestrians, they can be held partially liable if an accident were to occur. Since Florida follows the “comparative fault” standard for shared liability, the pedestrian’s claim can be reduced by their own degree of fault. Even if you as a pedestrian were found to be more liable than the driver who hit you, you are still able to recover under Florida law – your damages will just be reduced by the exact amount or percentage that you are found liable for the accident. For example, let’s say you were found 90 percent liable for the accident and the driver that hit you was found 10 percent liable for the accident, and the awarded value of your claim is $100,000.00. The driver that hit you would only be responsible for paying 10 percent of your claim, which would award you a final settlement recovery of $10,000.00 (because 90 percent or $90,000.00 would be reduced from your damages as your contribution of fault for the accident).
Common Negligent Causes of Pedestrian Accidents
Being struck by a car when you are a pedestrian, as opposed to being struck by a car when you are in a vehicle, is a significant difference and disadvantage for the pedestrian – resulting in the pedestrian suffering more traumatic injuries. The aftermath consists of extensive treatment such as hospitalization, physical therapy, rehabilitation, and even surgery. Understanding that if the cause of your pedestrian accident was due to the negligence of someone else, it will provide you a possibility to recover compensation for your losses. These are following causes by negligent motorists that result in pedestrian accidents:
- Driving under the influence
- Distracted driving such as being on a cell phone
- Driving in a careless or reckless manner
- Disregarding the speed limit
- Disregarding traffic laws and traffic signals
- Failing to use caution in heavily trafficked pedestrian areas such as residential areas and school zones
- Failing to yield the right of way to pedestrians
- Failing to utilize headlights when driving at night, dusk, dawn, or in bad weather
Contact Your Pedestrian Accident Lawyer
Your attorneys at Borkovic Law Group have helped many pedestrians recover fair and just settlement as a result of a motor vehicle accident, and we are ready to do the same for you if you have been involved in a pedestrian accident or any other type of vehicular related accident. Call your trusted accident attorneys at Borkovic Law Group for a free consultation and dedicated representation. We will guide you through this process and fight to achieve the maximum recovery for you. You can reach us by calling (727)798-5291.
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