TAMPA (FL) PEDESTRIAN ACCIDENT INJURY ATTORNEY
Every month thousands of accidents involving pedestrians struck by motor vehicles are reported that occur every month. Sadly, incidents of this kind that often lead to significant injury, or even death, have become too familiar. 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 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 as anyone 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 reckless 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. Contact an experienced Tampa pedestrian accident attorney today!
Are pedestrian accidents common in Florida?
In 2019, Florida had the second-highest pedestrian fatality rate in the United States at a percentage of 3.32%. In 2019, the national fatality rate was 1.89%. This means Florida remains one of the most dangerous states for pedestrians. Florida Highway Statistics show that in 2019, there were 713 pedestrian deaths which, compared to previous years, has increased. Early statistics estimate that, by 2021, Florida will be rated #1 for pedestrian fatalities.
Pedestrian accidents were responsible for 22.4% percent of overall traffic crash fatalities in Florida. Most pedestrian deaths occurred when pedestrians crossed in a specified location (crosswalks). In the United States, pedestrians were killed by cars 6,205 times in 2019, one in five were struck in car crashes that involved a hit-and-run driver. According to the National Highways Traffic Safety Administration, a person was killed by a car every 85 minutes and injured every 7 minutes by traffic accidents.
What is the main cause of pedestrian accidents?
According to NHTSA statistics from 2019, the most common cause of pedestrian accidents includes:
- Driving too fast for conditions (weather, road surface, visibility)
- Distracted driver
- Poor judgment in driving on a public road
- Failing to obey traffic signs
- Crossing a street or intersection improperly
- Standing, lying, sitting, or standing in a roadway
- Poor visibility
- Drugs, alcohol, or medications
- Running into the street
If you or a loved one was injured because a vehicle hit you, you may be able to hold the driver responsible for any injuries or damages. You can work with a personal injury lawyer from CDB Injury Law to help build your case.
Would I qualify for compensation if I or a loved one was injured during a pedestrian accident?
If you were a pedestrian injured when crossing the street or working on the roadway, you might qualify for compensation from the driver who was responsible for your injuries. You can even file an accident claim or lawsuit as a pedestrian and demand financial compensation based on the damages that you suffered.
Damages that are considered compensable include financial losses (such as medical bills), physical pain and suffering, or emotional distress you endured during and after the accident. For example, if you were injured during an accident, you may be able to recover medical bills, lost wages, and any other costs associated with your injuries.
- Medical Bills: This includes emergency room visits, surgeries, prescription medications, or any associated cost treatment of your injuries. For more severe injuries that require more long-term treatments, CDB Injury Law can also help you estimate future medical expenses that may occur, including costs for doctor’s appointments or physical therapy.
- Lost Wages: When a pedestrian is hit by a vehicle, the pedestrian is completely exposed and vulnerable, they can be injured seriously and suffer long-term consequences, or their injuries could even develop into a permanent problem. You may have to miss work, which could be paid or unpaid, you might be entitled to receive compensation from the driver at-fault to cover the lost wages and benefits. If injuries become permanent and affect your ability to perform your job, you may be able to claim a reduced earning capacity if they prevent you from working.
- Physical and Emotional Damage: This type of damage usually refers to physical and emotional harm. It can also refer to other types of damages, including emotional suffering, psychological trauma, and permanent disability, and that diminishes your quality of life.
- Property damage: If your property was damaged in an accident, you might be able to claim the cost of repairing or replacing the property.
Keep in mind; you may also be eligible for other damages not included here, such as damages related to a loved one’s death.
WHAT TO DO IF INVOLVED IN A PEDESTRIAN ACCIDENT IN FLORIDA?
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.
Call our office to speak to personal injury attorney Chris DeBari