Pedestrian Accident Lawyer in Miami, FL
Negligent driving is one of the leading causes of personal injuries in Florida. A study conducted by the Surface Transportation Partnership and Transportation for America between 2007 and 2008 found that Miami was the third most dangerous city in America for pedestrians. USA Today reported in 2010 that 11.1% of pedestrians deaths that occurred in 2008 were in Florida.
Time spent away from work, medical expenses, and other damages can negatively affect the well-being and finances of a pedestrian accident victim. Our Miami pedestrian accident lawyers will hold negligent parties liable for injuries they cause. We are committed to investigating pedestrian accidents thoroughly to find out if they were caused by a negligent motorist, and we’ll protect your rights and work to maximize your monetary settlement for losses incurred.
Pedestrian Crashes in Miami
Pedestrian accidents can result in fatalities and severe injuries. Drivers in Florida should exercise a duty of care when driving. This involves watching out for pedestrians and other potential hazards on the road. If you’ve incurred bills or missed work due to being injured by a driver, you’re entitled to compensation.
Also, if a loved one was walking and was killed by a motorist, you’re entitled to settlement for losses incurred including wrongful death damages. Defense attorneys and insurance companies use a comparative negligence strategy defense to limit damages. Our experienced legal team investigates crashes closely to determine fault. Some of the factors that contribute to pedestrian accidents include:
- Aggressive driving
- Improper driving
- Distracted driving
Pedestrians in Miami must also follow road laws, such as crossing at crosswalks and obeying traffic rules. However, Florida’s statutes state that every motorist should exercise care towards pedestrians using public walkways.
Negligent Drivers Cause Pedestrians Accidents
In order for a pedestrian accident claim to be compensated, the victim must prove that the responsible party was negligent. Negligence is proved by showing that the responsible party owed the injured pedestrian a duty of care that was violated or breached, and that breach caused the pedestrian to suffer injuries or death.
Most auto accidents that cause severe injuries to pedestrians or death can be avoided since they’re caused by negligent drivers. These drivers do not use reasonable care when driving, resulting in a breach in the duty of care that they owe to pedestrians. Below are a few major causes of pedestrian accidents:
- Excessive Speed – Florida law prohibits traveling at high speeds. Drivers are supposed to drive at the required speed limit which is a 30 mph maximum in residential or business districts. They’re also required to consider existing conditions such as weather, traffic congestion, and construction when choosing a speed at which to drive.
- Failing to Adhere to a Traffic Control Tool – Both pedestrians and motorists are required to follow the instructions of traffic control tools. For instance, drivers that run red lights or stop signs are considered to be negligent.
- Failure to Yield – Florida laws require motorists entering an intersection with a yield or stop sign to do what the sign instructs at the marked line before entering the nearest point intersecting the roadway. If a driver knocks down a pedestrian past the yield sign without stopping, the driver will be held liable for causing a pedestrian accident.
- Distracted Driving – Florida prohibits all drivers from using phones while driving to avoid causing pedestrian accidents.
- Drunk Driving – Florida prohibits driving when intoxicated. Alcohol impairs one’s faculties making a drunk driver likely to cause an accident due to reduced action time.
- Careless Driving – Every driver in Florida is required to exercise a duty of care to avoid colliding with a pedestrian, and to be extremely cautious when observing a child or incapacitated person.
Accidents involving pedestrians tend to result in high rates of severe injury and death. Our pedestrian accident lawyers in Miami represent victims of such accidents to help them seek justice for injuries caused and losses incurred. Common pedestrian crash causes include:
- Hit and run
- Driving under the influence
- Distracted driving
- Poor roadway design
- Drunk driving
- Pedestrian Accidents Damages
Damages that may be compensated for negligence under Florida law include:
- Medical expenses including present and future medical treatment
- Income loss
- Loss of earning potential
- Suffering and pain
- Loss of companionship
Pedestrian Accident Injury Claims
Pedestrian accident injury claims may arise from:
- Wrongful Death
- Lower leg injury
- Upper body injury
- Head injury
- Spinal Cord Injury
Contact a Pedestrian Accident Lawyer in Miami Today
If you’re a pedestrian accident victim, contact us today. Our team of experienced pedestrian accident attorneys have the resources, legal knowledge, and empathy to help you in the trying time after an accident and will help you navigate the complexities of insurance, legal, and medical processes that victims and their families will face. Call now at 305-928-2909.