Car Accidents Involving Pedestrians
Living in the Sunshine State means beautiful weather year round. It also means runners, walkers, and joggers on the roadways every month of the year. With an increased number of pedestrians on the road, the state of Florida sees thousands of pedestrian accidents every year. Earlier in 2017, the Miami Herald published an article stating that fatal car accidents involving pedestrians are at a 10-year high. If you have been involved in a car accident as a pedestrian, seek out an experienced Bradenton injury attorney at Pallegar Law, P.A. We make sure that you are properly treated for your injuries while we file claims with the insurance companies involved.Duty of Care
All drivers operating motor vehicles have an obligation to look out for the safety of themselves and everyone else on the road. This means following traffic signs and stoplights, yielding when necessary, and taking steps to avoid accidents when possible. If a driver sees a pedestrian crossing the street against the light, the driver must stop, turn, or slow down if they are able. However, this is not always possible.
Drivers have a special duty of care towards children; Florida law specifically protects children walking on or near the roadway. Drivers have a higher duty while they are driving on roads that they know or should know that children are on or near. This usually means streets near schools, parks, or childcare centers.
Pedestrians also have a level of duty they must follow. This means adhering to all traffic lights, stop signs, and traffic signs. Pedestrians must also use available sidewalks whenever possible, and walk on the left shoulder of the road if there is no sidewalk.Types of Pedestrian Accidents
Pedestrian accidents are increasingly common in areas with high foot traffic or large metro areas. There are a few main types of car accidents that typically involve pedestrians: crosswalk, parking lot, and loss of control accidents.
Crosswalk accidents happen when pedestrians are crossing the street legally and a driver fails to acknowledge this, striking the pedestrian in the crosswalk. Parking lot accidents happen because of the high volume of cars and pedestrians in a small area, and the tight maneuvers that may be necessary. Parking lot accidents can happen when cars are backing up, either into or out of a parking space, and a pedestrian is struck. These accidents can occur due to lack of visibility, quickly moving pedestrian traffic, or simple driver negligence.
Loss of control accidents may happen when a driver loses control of their vehicle, for whatever reason. The driver may drift into the sidewalk, crosswalk, or shoulder of the roadway, striking a pedestrian. These accidents tend to be the most serious, and the injuries can be quite severe. If you have been involved in a car accident as a pedestrian, contact a knowledgeable Bradenton injury attorney today.Compensation for Your Injuries
Florida is a “no fault” state, which means that if you are injured in an accident, your own insurance will cover your lost wages and medical bills. Every driver is required to have at least $10,000 in Personal Injury Protection (PIP). PIP applies even if you are not driving a car at the time of the accident. If a pedestrian does not have insurance or does not own a car, the driver’s PIP coverage will apply.
If you have been seriously injured in an accident, your experienced Bradenton injury attorney can file a lawsuit for damages beyond the $10,000 PIP. In order for the lawsuit to recover damages, it must be proven that the driver was negligent in their actions and that their negligence led directly to the accident.
Your attorney at Pallegar Law, P.A. will gather the evidence from your case, including witnesses, photos of the accident, statements, and medical bills, to prove the fault of the driver. You may seek to recover compensation for medical expenses, lost wages (past and future), pain and suffering, or mental anguish (stress, anxiety, depression, or PTSD as a result of the accident).
If a pedestrian is injured in an accident and does not survive, their family may file a claim on their behalf for wrongful death. By consulting an aggressive Bradenton injury attorney, a pedestrian’s family can recover damages for medical costs, pain and suffering, or funeral costs.Call Pallegar Law, P.A. Today
If you or someone you know has been injured as a pedestrian in a car accident, contact an aggressive Bradenton injury attorney now. Call Pallegar Law, P.A. at 941-893-5816 to be connected to someone who can help.