When a motor vehicle like a car or truck collides with a pedestrian, the pedestrian is most likely going to suffer catastrophic – sometimes even fatal – injuries. And in Florida, pedestrians are at an increasing risk of suffering these types of injuries. Between 2012 and 2013, there were over 16,000 crashes involving pedestrians. Nearly 1,000 of these resulted in the pedestrian’s death; the remainder left the pedestrian involved with at least one type of injury.
Kaiser Romanello is dedicated to helping pedestrians recover full and fair compensation for their injuries. The road to recovery after a pedestrian accident is rarely easy; however, the road to recovering compensation should be. By carefully preserving important evidence related to your case, Kaiser Romanello can help you to fight for your right to receive the monetary damages you need to cover your medical bills, treatment costs, lost wages, and pain and suffering.
COMMON CAUSES OF PEDESTRIAN INJURIES
Pedestrians should always be careful and aware of their surroundings. Walking while texting or listening to music can distract you from cars and trucks nearby. Rushing out into the street without looking for traffic is also risky behavior that can lead to pedestrian accidents.
Yet, even the most careful pedestrian can still be struck by a car or other vehicle. These are the accidents that can be compensated through a pedestrian accident lawsuit. The causes of these types of accidents can vary and include drivers who are:
- Distracted by texting, phone conversations, music, or other passengers in the car;
- Drunk or intoxicated drivers;
- Unable to see in dark or situations of poor visibility but who drive anyway;
- Driving cars in poor mechanical repair (e., with brakes that have not been properly maintained);
- In a hurry and run a stop sign, red light, or ignore a crosswalk sign.
RECOVERING COMPENSATION THROUGH A PEDESTRIAN ACCIDENT LAWSUIT
Most pedestrian injuries are caused by the negligence of either the pedestrian or the driver. In some cases, there may be other responsible parties. Your Florida pedestrian accident attorney can review your situation and help you determine if other individuals or entities may also be responsible for your injuries. Where another person is as fault for the accident, Florida law dictates that that individual owes you monetary damages.
Recovering monetary damages and compensation through a pedestrian accident lawsuit requires you, the injured pedestrian, to offer evidence and testimony that the following four factual propositions are true:
- First, that the driver or other person owed you a duty of care. Every motorist owes others (including pedestrians) the duty to drive his or her vehicle in a reasonable and careful manner. They have an obligation to not deliberately and intentionally put you in a position of peril.
- Next, the driver or other person violated or breached the duty of care. A duty of care is breached when a driver fails to act reasonably and carefully under the circumstances. Showing a breach occurred requires evidence that the driver was texting while driving, disobeyed traffic signs or signals, or other similar evidence.
- Third, that the driver’s actions caused your injuries. Sometimes the issue of causation is clear: you were in a crosswalk and had a “Walk” light while the driver sped through a red light and hit you. Other times, causation may be more difficult to show or may reveal more than one responsible party. If you are legally walking through a crosswalk and the driver of a car (who is driving carefully) is rear-ended by a commercial truck whose brakes were defective (unbeknownst to the driver), causing the driver of the car to strike you, you may have several parties that contributed to your injuries – all of whom may be held responsible for the damages you sustain.
- Last, you must have suffered damages that can be compensated. This requires submitting proof of medical expenses, time missed from work, lost wages, and any lost future earnings you can expect to suffer. This also requires quantifying any “noneconomic damages” you are claiming such as mental pain and suffering and loss of enjoyment of life. Although it may seem ridiculous that you need to prove you were actually injured, it is a required element of your case and compensation may be denied if the evidence of your injuries is insufficient.
CONTACT A FLORIDA PEDESTRIAN ACCIDENT ATTORNEY TODAY FOR HELP
At Kaiser Romanello, we recognize that being the victim of a pedestrian accident is a terrible, painful, and frustrating experience. Although we cannot help you heal any faster or alleviate the physical pain you are experiencing, we do consider ourselves part of your “recovery team.” We are here to help you obtain the financial compensation you need to alleviate the pressures caused by expensive medical bills and lost wages. We will walk each step of the legal process with you, from the filing of your complaint to obtaining your compensation. We can help you recover and move forward after a pedestrian crash. Contact us today to learn more about your legal options.