Pedestrian Accident Lawyer In Hialeah, FL
Pedestrians fatalities on the rise. Fatalities involving pedestrians increased by 9.5% between 2015 and 2016 to a record high since 1996. Almost 6,000 pedestrians were killed in 2016 according to statistics published by The National Highway Traffic Safety Administration (NHTSA).
Pedestrians are at high risk in a traffic collision simply due to the fact that they are completely exposed to the dangers any driver can subject them to. A total of 76% of pedestrian fatalities occurred in urban areas, with the highest number of fatalities being in the 50-54 age group. Most accidents that involved a fatality – almost three-quarters of the total – occurred at non-intersections.
As is the case with fatal accidents involving motor vehicles and pedestrians, a significant number of incidents were linked to alcohol. Alcohol can be lethal when it comes to traffic accidents. Reports show that 48% of traffic accidents where pedestrians were killed in 2016 involved alcohol in one way or another. This does not always mean that alcohol was the single most important factor in the accident, but you should seek legal advice so that a lawyer can help you piece everything together.
If we go by the legal limit of alcohol-impairment (a blood alcohol concentration or BAC of 0.08), then the statistics further show that an estimated 33% of fatal pedestrian crashes involved a pedestrian with a BAC of 0.08 g/dL or higher. On the other hand, an estimated 13% of fatal pedestrian crashes involved a driver with a BAC of 0.08 g/dL or higher.
What Should You Do as an Injured Pedestrian?
Your own health and safety are of primary importance. The first and foremost thing you should do as an injured pedestrian is seek medical treatment immediately. Call an ambulance if you can or ask someone to do so for you.
Gather as much information as you can such as:
- Insurance information of those involved in the accident
- Witness names
- Medical records from hospitals or the emergency room in which you were admitted
- Photos are very useful, as well
- You should also speak with an experienced lawyer who would be able to reconstruct the accident and really look at angles that you may have missed
During the investigation immediately following the accident, witness statements and accident-related details are crucial elements of your case and time is of the essence. Many states have statutes of limitations that apply to these kinds of cases, and you do not want to be late filing a pedestrian accident claim.
What Does a Legitimate Pedestrian Accident Claim Look Like?
You need to be sure that you will be fairly compensated for the mistakes of an errant driver. However, you must keep in mind that you may not be able to work. You may have an injury that takes a while to go recover from. In order for you to claim expenses for medical bills, you will need to prove that the driver was more than 50% responsible for the accident.
There may be other requirements that need to be met in order to file for further pain and suffering claims. Every motor vehicle accident is unique in its details and it can be difficult to determine the total amount of damages that you are entitled to. You should claim medical costs both present and future that directly result from the accident, as well as lost wages and earning potential and any other out-of-pocket expenses that have arisen from the accident. These issues can become complicated and an experienced lawyer will know ways of getting you the maximum compensation possible.
Who Can Be Held Liable for Medical Bills?
You have suffered a traumatic accident and you must now get back on track before you can even think of any further action. The insurance company of the driver at fault can be responsible for some of the health-related damages you are owed. Though this may not be enough and your own insurance company will likely have to cover some damages, there is nothing that guarantees that your claim will be accepted.
If you have no health insurance then your lawyer can help you find a resolution to your situation and seek damages fully from all liable parties to the motor vehicle accident that caused a pedestrian injury or even pedestrian death. Insurance companies are notorious for not processing claims. They also have the right to review your medical care needs and the validity of your bills. You should not go through this process without an experienced lawyer who can argue your case for you with all of the body of evidence collected.
Contact Us Today
If you have sustained injuries, you will need time to recover and will likely lose income in the interim as well. Our experienced team of pedestrian accident lawyers in Hialeah will help you file for compensation beyond just mandated legal amounts for lost wages and health insurance costs, so call us today at 305-928-2909 for a free and private consultation.