Unfortunately, sometimes a walk can turn into an unintended nightmare when a pedestrian is hit by a moving vehicle. Catastrophic injury and even death can occur under such circumstances.
If you or someone you know was injured in a pedestrian accident, it may be prudent to contact a Pembroke Pines pedestrian accident lawyer to better understand your rights. Call a seasoned injury attorney today to schedule a consultation.
Under Florida law, pedestrians are under the same obligation as other users of the road to obey traffic signs, signals, and other traffic laws.
For instance, a pedestrian is required to yield to cars if they are not in a marked crosswalk or where it would be impossible for a driver to yield to that pedestrian.
However, in general, automobile drivers have a greater duty to exercise caution where pedestrians are involved. There is generally an obligation for motor vehicles to yield the right of way to a pedestrian. Florida law requires refers to this as an obligation to exercise due care to avoid hitting a pedestrian. This duty is heightened if the driver knows or should anticipate that children are present. Riley v. Willis, 585 So. 2d 1024 (Fla. DCA 1991). A Pembroke Pines pedestrian accident lawyer could help an injured pedestrian determine their rights in connection with an accident.
Assigning Fault in Pedestrian Accidents
As mentioned above, while drivers have heightened duties in relation to pedestrians, there is no absolute rule that drivers are at-fault for pedestrian accidents. The facts surrounding the accident will be critical in determining fault. Key considerations may include whether the driver could have avoided the accident and whether the pedestrian was violating traffic laws when the accident occurred.
This is important because Florida uses a pure comparative negligence rule in negligence lawsuits. 768.81, Fla. Stat. (2011). This means that the injured party’s recovery may be reduced by the percentage of their fault. Thus, if a pedestrian’s damages total $900,000, but they are 33 percent responsible for the accident, the maximum recovery is $600,000. A Pembroke Pines pedestrian accident attorney could help determine how any fault may impact the compensation available.
Pedestrian accidents can have devastating results, often causing severe bodily trauma or even death. Damages that be available to an injured pedestrian include:
- Reimbursement for medical expenses
- Payment for post-accident treatment
- Compensation for pain and suffering
- Compensation for lost past and future wages
A well-established lawyer could provide a useful assessment of a claimant’s damages.
Talk to a Knowledgeable Pembroke Pines Pedestrian Accident Attorney Today
The aftermath of a pedestrian accident can be harrowing and stressful. Lawyers, doctors, police, and insurance companies all want information. One way to reduce the headaches associated with a pedestrian accident is to contact a Pembroke Pines accident lawyer, who can help you deal with the various facets of the case and advocate on your behalf. A dedicated attorney could ensure that you are able to get the recovery that you need and deserve.