About Our Florida Pedestrian Accident Lawyers
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 attorneys 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 pedestrians are struck by drivers each year. According to data from the National Highway Traffic Safety Administration, more than 4,400 pedestrians were killed in motor vehicle crashes in 2011.
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 Florida Department of Highway Safety and Motor Vehicles reported that 6,194 pedestrians were injured in traffic crashes in 2011, and almost 500 were involved in a fatal car wreck.
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. A victim may be able to recover damages for these injuries by initiating a personal injury lawsuit.
Filing a Claim for Pedestrian Accident Injuries in Florida
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 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.
Examples of Negligence Relating to Pedestrian Accidents
Drivers must exercise care on the road, which includes 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.
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 medical expenses, pain and suffering, lost wages, and other 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.
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 to the victim.
Statute of Limitations for Pedestrian Accidents
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 the path of a car, it may not be possible for the car to stop in time for the driver to yield.
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.
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 a free initial consultation with one of our attorneys.