Pedestrian accident attorney

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Accidents between pedestrians and speeding vehicles are among the most dangerous forms of vehicular incidents concerning serious personal injuries, or even death.

The sheer momentum and size of vehicles combined with the inherent lack of protection among unsuspecting pedestrians make the impact of such a collision result in grievous injuries for all the parties involved.

Florida Pedestrian Accident Statistics

Based on statistics collected by the CDC in 2017, as many as 5977 pedestrians had crossed a road for the last time in the United States alone. This can also be denoted as a single death after every 88 minutes for an entire year! In addition to this, approximately 137,000 pedestrians survive the accident and are treated in the E.R. for nonfatal injuries.

For obvious reasons, pedestrians are at least 1.5 times more likely to be killed by car accidents as opposed to the occupants of the vehicle responsible for the crash.
Pedestrian Accident lawyers Fort Myers
Also, according to data gathered by the Governors Highway Safety Association in Florida, over 368 people had breathed their last after a pedestrian crash in the first half of 2019.
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Common Causes of Pedestrian Accidents

Experts have identified that most pedestrian accidents occur on non-intersection streets in urban areas and, typically, after dark. That being said, the following are some other common traits among reported incidents:

  • Speeding vehicles (they not only increase the probability of pedestrian accidents but also increase the severity of injuries)
  • J-walking or crossing streets from any random corner
  • Unlit or dimly lit roads
  • Pedestrians wearing dark clothing
  • Disoriented older adults or playful children
  • Driving under the influence (DUI) or alcohol-impaired pedestrians

Reported Pedestrian Injuries in Lee County, Fl

Earlier reports from 2005 to 2014 had ranked Cape Coral, Fort Myers' metropolitan areas, as the deadliest area in the nation with respect to pedestrian accidents. The latest reports, however, indicated that there were 93 total traffic fatalities as compared to a higher 113 incidents in 2017.

Even though total traffic fatalities seem to have dropped, pedestrian fatalities in Lee County are sadly on the rise. The 18 pedestrian deaths and 3 bicycle deaths in 2017 had increased in number to 23 and 4, respectively.

Pedestrian Accident Injury and the Law

When traffic accident victims sue perpetrators for personal injuries, they do so because they are entitled to compensation by law. The confusing part, however, is which kind of compensation you are supposed to receive.

In truth, pedestrian accidents can lead to three types of compensations, and the following is a brief overview of each:

1. Economic (A.K.A. "Special") Damages

Economic damages, as their name clearly states, is meant to cover the money you may have lost. In simpler terms, you will be entitled to receive compensation for past and/or future costs related to:
  • Medical care
  • Lost earnings
  • Loss of property
  • Costs of replacement or repairs of property
  • Loss of employment opportuniti
  • Necessary reimbursement on domestic servic

2. Non-economic (A.K.A. "General") Damages

Non-economic damages cover non-monetary and immeasurable losses. This could include the general loss of satisfaction in life, loss of companionship, emotional distress, inconvenience and, of course, pain.

3. Punitive (A.K.A. "Exemplary") Damages

Finally, you may be awarded for punitive damages as a method of punishing the defendant or whomsoever caused the accident. The purpose of this compensation is to deter victims from intentionally resorting to the same driving behavior that led to the accident and the lawsuit. However, punitive damages aren't as common as you may believe.

Overall Liabilities

Roads were made for the general public, and everyone who traverses over them, whether they drive a vehicle, ride a bicycle, walk on foot or even skate around, will be held accountable for the same standards under the law. Simply put, everyone who uses public roads is expected to act as a reasonably prudent individual.

The perception that every auto-pedestrian accident is caused due to an irresponsible driver is because of the fact that they have more cause for displaying reasonable prudent behavior as opposed to a pedestrian. In other words, drivers need to practice more care and attention than a pedestrian.

Be that as it may, pedestrians are still subject to relevant traffic regulations as vehicle owners and, therefore, they should practice the same amount of caution as any other person on the road. Otherwise, the number of pedestrian accidents in the middle of the road will have dropped significantly over the years.

Pedestrian's Liabilities

With respect to a pedestrian's overall liabilities, it makes sense that they can be held responsible by the courts if witnesses could prove their negligence. If this is the case, then the driver or their insurance company could file a lawsuit against pedestrians (or their insurance company) so as to recover expenses that were caused due to their negligence.

Driver's Liabilities

Drivers, on the other hand, need to know that insurance companies seldom attempt to recover expenses from pedestrians, especially if they received serious injuries. Typically, when an individual files claims with their insurance companies, they sign over their rights to seek recoveries on their own (aka subrogation).

For this reason, drivers should always file these claims with the help of an experienced attorney. In doing so, they can protect their interests by extending the liability over to the pedestrian.

On the flip side, pedestrians also have access to PIP benefits via their own insurance policies or one that is held by a relative. PIP will cover 80% of the costs related to 'reasonable medical services', as long as the victim receives these services within 14 days of the accident.

If You Are Involved in a Pedestrian Accident

Your first plan of action should be to seek medical attention because not only does this preserve your chances of obtaining compensation but if your injuries become exacerbated, your doctor will be able to summarize the full extent of damages for your pedestrian accident attorney.

What Your Loved Ones Should Do

If an accident victim is unable to do so on their own, the victim's family members should hire a pedestrian accident lawyer to understand the nature of the case and the full extent of the victim's injuries.

Though this may sound frustrating, doing so promptly wouldn't just help resolve your case but will also help lawyers see the bigger picture and propose strategies to receive compensation.

Contact SOS Accident to be Connected to a Pedestrian Accident Attorney Today

Been in an accident? After you receive medical attention, be sure to contact SOS Accident.

Even though the law allows for up to 2 years for victim's families to file for wrongful death claims or up to 4 years to file personal injury lawsuits, the time frame immediately after the accident is critical since all of the evidence leading up to the crash can still be preserved.

If you contact a pedestrian accident lawyer right now, you can help identify witnesses and other pieces of crucial evidence that could play a central role in your case.

Frequently Asked Questions
About Pedestrian Accidents

Pedestrians are required, by law, to obey traffic signals and signs. Also, it is their responsibility to make careful observations of their surroundings before crossing the road or using crosswalks. Remember, if you are only partially at fault for the accident, you aren't entitled to sue motorists by putting 100% of the blame on them.

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