Every month thousands of accidents involving pedestrian struck by motor vehicles are reported and this that occur every month. Sadly, incidents of this kind which often lead to significant injury, or even death, have become all too common. If you or a loved one are struck by a motor vehicle, particularly in a crosswalk or intersection, whether governed by traffic control devices or not, there is a very high chance a legal claim could be brought against the driver and owner of the motor vehicle and compensation could be available to victims of these unfortunate occurrences. Statutes governing traffic and traffic safety consistently mandate that a pedestrian has the legal right of way when crossing in a crosswalk. In Florida, pedestrians and drivers have equal rights and duties to respect each other on the road; however, not all pedestrian accidents are the drivers fault.
Florida Statute 316.003(28) defines a pedestrian and anyone who is on foot. But merely because someone is traveling on foot does not make them immune to following the law and exercising reasonable care and seeing to their own safety and to the safety of others. If a pedestrian is careless, and violates the law, they can be found liable for a noncriminal traffic violation or civil traffic infraction, just the same as a careless driver. This often occurs when pedestrians fail to pay proper attention to a traffic situation, jaywalk and expect a driver will always spot them and stop for them, etc.
If you or a loved one are injured in an accident, whether involving pedestrians or not, you should call the police and take pictures of the scene and the vehicle or vehicle involved. In addition, get the driver’s information and their insurance company; do not admit fault. You should admit yourself into the emergency room if the accident is severe, or even if you suspect that you or a loved one have been injured.
The determining factor could be the presence of simple carelessness or failure to use reasonable care, which is the definition of negligence, versus reckless conduct (driving while impaired for example) that will determine these accidents.
If a driver is held responsible for injuring a pedestrian, it could result in an injury settlement which will provide compensation for medical bills, lost income, and other damages. If you or a loved one have been injured in an accident, whether as a pedestrian, driver or passenger in a motor vehicle, call The Law Offices of Christopher DeBari right away and begin protecting your rights.
If you or someone you care about has been injured in a car accident, our firm will completely manage your case and keep pressure on the defendant throughout the course of your claim. Throughout the entire process, we will work to ensure that your legal rights are protected, and that you receive the best possible representation and the possible recovery.
If you or a loved one have been injured in an accident in Florida, whether as a pedestrian, driver, bicyclist, or passenger in a motor vehicle, please call Tampa personal injury lawyer at The Law Offices of Christopher DeBari right away and begin the process of protecting your legal rights.