Pedestrian Accident Attorney in Florida
Pedestrians are susceptible to severe injuries when they are struck by a careless driver. The Florida pedestrian accident lawyers at Holliday Karatinos Law Firm, PLLC can help you if you were hurt in a Florida car crash.
Our Florida Personal Injury Lawyers bring more than 50 years of substantial legal experience to help you effectively assert your right to compensation for a pedestrian accident injury. Contact our office today if you were injured in a car crash.
Pedestrian Accident Statistics
Thousands of pedestrian accidents occur each year. According to data from the National Highway Traffic Safety Administration, more than 4,400 pedestrian deaths occurred due to motor vehicle crashes in 2011.
While motorway accidents can never be completely avoided, there are certain risk factors that make them more likely to happen. Common causes of pedestrian accidents include:
- Drunk driving
- Distracted driving
- Fail to obey traffic laws
A majority of fatal crashes take place at night, between 6:00 P.M. and midnight, which is when the lack of light and drunk driving are more likely to play a factor in a crash. The total number of Florida pedestrian accident fatalities in 2020 was 716, a 183-fatality increase from the previous year, according to the GHSA. Nationally, the GHSA reported there were 7,485 pedestrian deaths in 2021, meaning Florida made up 12% of all pedestrian traffic fatalities in the United States.
Florida motorists are required to purchase at least $10,000 in insurance to cover car crash injuries. While this amount can cover minor injuries, pedestrians are likely to sustain catastrophic injuries in an auto accident. These injuries could saddle victims with massive medical bills, financial strain, and anxiety over what their futures will look like. A victim may be able to recover damages for these injuries by initiating a personal injury lawsuit with the help of a Florida pedestrian accident lawyer.
Filing a Claim for Pedestrian Accident Injuries in Florida
Many pedestrian accidents are due to negligent drivers whose actions violate the duty of care. Pedestrians injured in a car accident may file a personal injury claim against the driver who caused the crash. The claim allows an injured pedestrian to establish liability against the driver and possibly recover damages. Pedestrians can use the theory of negligence to show that the driver was at fault for the crash.
Proving Negligence After a Pedestrian Accident
Negligence is defined as the failure to demonstrate the level of care that an ordinary person would exercise under similar circumstances. This concept is closely tied to the duty of care, or the responsibility to protect the health and safety of others. Negligence requires that a plaintiff establish:
- The driver had a duty of care (usually that of a reasonable driver under similar circumstances);
- The driver breached the duty of care; and
- The driver’s breach caused the plaintiff’s injuries and damages.
Establishing negligence is key to any pedestrian accident claim. A Florida pedestrian accident lawyer is able to examine your case to evaluate whether negligence was present in the events that led to your injuries such that any and all accountable persons may be held liable.
Examples of Negligence Relating to Pedestrian Accidents
Drivers must exercise care on the road, which includes heeding traffic laws, avoiding collisions with pedestrians, and taking measures to warn pedestrians, such as by honking.
A distracted driver or a driver who fails to yield, for example, can hit a pedestrian and cause injuries as a result. If the pedestrian can prove that the driver's action or failure to act caused the injuries, then the pedestrian can hold the driver liable for the injuries and get damages.
In another example, a drunk driver who disregards traffic signals and runs a red light might hit a pedestrian at a crosswalk. This driver's negligence would also be considered cause for liability.
Liability may also sometimes be shared with property owners or those that maintain parking lots or an area where the accident happened. If a parking lot in poor condition led to a pedestrian accident, the person or company charged with its maintenance may be partially responsible.
A skilled pedestrian accident lawyer can help evaluate the circumstances of your personal injury case to determine which parties may be responsible for it.
Recovering Damages After a Pedestrian Accident in Florida
If you successfully prove the elements of a negligence claim, you may be awarded compensation for your damages. You must file your claim within four years from when the accident happened. If you do not, you probably will be barred from holding the careless driver accountable. Compensable damages for a pedestrian accident claim include:
These include costs related to your injuries, including medical bills, hospitalization, medications, surgeries, physical therapy, and other medical treatment.
If you're injured and can't work, you may receive compensation for your lost wages, earnings, and even future earning potential should you be unable to return to your former employment.
Pain and Suffering
An accident can leave victims with lasting damages in the form of emotional distress, loss of happiness, and reduced quality of life. These losses may also be included in your claim for fair compensation.
Wrongful Death Claims
Pedestrian fatalities are unfortunately sometimes a consequence of this type of accident. Relatives of a fatal car accident may file a wrongful death action and potentially receive compensation for their loved one's medical and funeral expenses, pain and suffering before death, and other damages based on their relationship with the victim.
How a Florida Pedestrian Accident Attorney Can Help
If you suffered severe injuries in a pedestrian accident, you'll no doubt need time to recover. A skilled pedestrian accident lawyer can offer you support during this time and help you pursue maximum compensation from all liable parties. Beginning with a free case evaluation, your lawyer will work to understand the events and circumstances of your accident and develop a plan to help you execute your legal rights.
A Florida pedestrian accident attorney with keen local knowledge and years of expertise is equipped to deal with the insurance company and knows how to provide a rebuttal to tactics used to undermine or undervalue your damages.
At Holliday and Karatinos Law Firm, PLLC, we take your injuries seriously and want to see you make a physical and financial company to whatever extent is possible. Our lawyers are available to answer any questions you may have about your case or the legal process during a free consultation. If you've been injured in a pedestrian accident in Brooksville, Lutz, or any of the surrounding Florida communities, you need a powerful legal ally by your side.
Statute of Limitations for Pedestrian Accidents
In a pedestrian accident claim, victims are normally bound to a certain window of time in which legal actions may be taken. Under Florida state statute, you must file a Florida personal injury claim within four years of the pedestrian accident to preserve your rights, while you must file a wrongful death claim within two years.
Recovering Compensation Even if You Are Partly at Fault
The driver may argue that you are actually at fault for your injuries. For example, if a pedestrian suddenly leaves a curb and runs into oncoming traffic, it may not be possible for the car to stop in time for the driver to yield. Legal claims that involve shared liability can potentially be aided by working with practicing attorneys who are knowledgeable about pedestrian accident law.
When this happens, Florida will determine each party's percentage. If you are partly at fault, you still can recover damages proportionate to your degree of fault. The experienced pedestrian accident attorneys at Holliday Karatinos Law Firm can help you understand what your legal options are and work to bring your pedestrian accident case to a positive resolution.
Contact our Florida Pedestrian Accident Lawyers
At Holliday Karatinos Law Firm, PLLC, we can offer you experienced legal counseling if you were injured in a pedestrian car crash. Our Florida pedestrian accident lawyers are prepared to help you pursue a pedestrian accident claim.
We have extensive experience advising car accident victims and handling complex car crash cases. We are effective litigators who can advocate for you in settlement talks or at trial. We counsel clients in New Tampa, Brooksville, and the surrounding counties. Contact us today to schedule an initial free consultation with one of our attorneys.