Pedestrian Car Accidents in Florida: Your Legal Rights and How to Seek Compensation

Pedestrian accidents are a growing concern in Florida, where bustling cities and high traffic volumes make walking near roadways more dangerous. When a pedestrian is hit by a car, the consequences can be severe, leading to life-altering injuries or even death. If you or a loved one has been involved in a pedestrian car accident, it’s important to understand your legal rights and options for recovering compensation. At The Corry Law Firm, we have extensive experience helping pedestrian accident victims in Florida seek justice and fair compensation.

The Rising Danger of Pedestrian Accidents in Florida

Florida is one of the most dangerous states for pedestrians. According to recent statistics from the National Highway Traffic Safety Administration (NHTSA), Florida consistently ranks among the top states for pedestrian fatalities. Factors contributing to the high number of pedestrian accidents in Florida include:

• High traffic areas: Busy roads, especially in urban areas, increase the risk of pedestrian accidents.
• Tourist activity: Popular tourist destinations often mean more foot traffic and increased risk of accidents.
• Distracted driving: The use of smartphones and other distractions behind the wheel is a major cause of pedestrian accidents.
• Speeding: Speeding drivers have less time to react to pedestrians, increasing the likelihood of serious accidents.
• Poorly designed roadways: Some roads and intersections are not pedestrian-friendly, with inadequate crosswalks, sidewalks, or traffic signals.

These factors, combined with the vulnerability of pedestrians, make pedestrian accidents especially dangerous. Unlike vehicle occupants, pedestrians don’t have the protection of seat belts, airbags, or a vehicle frame to shield them in a collision.

Common Injuries in Pedestrian Car Accidents

When a vehicle strikes a pedestrian, the resulting injuries are often catastrophic. Pedestrian accidents frequently result in:

• Head injuries: Traumatic brain injuries (TBIs), concussions, and skull fractures are common due to the force of impact.
• Spinal cord injuries: These injuries can lead to paralysis, requiring lifelong medical care and rehabilitation.
• Broken bones: Pedestrians often suffer fractures in their legs, arms, ribs, and pelvis when hit by a vehicle.
• Internal injuries: The impact of a car can cause internal bleeding, organ damage, and other life-threatening conditions.
• Lacerations and contusions: Cuts, bruises, and abrasions are common and can lead to infections or scarring.

In the worst cases, pedestrian accidents can result in fatal injuries. Surviving family members may be able to pursue a wrongful death claim on behalf of their loved one.

Who Is Liable in a Pedestrian Car Accident?

Determining liability in a pedestrian car accident depends on the circumstances of the collision. In most cases, the driver is at fault, but there are situations where other parties may share liability. Here are the key factors in determining fault:

1. Negligent Driver

In many pedestrian accidents, the driver’s negligence is the primary cause. Common examples of driver negligence include:

• Distracted driving: A driver who is texting, talking on the phone, or otherwise distracted may fail to see a pedestrian.
• Speeding: Speeding reduces the driver’s ability to stop in time to avoid hitting a pedestrian.
• Running red lights or stop signs: Drivers who disregard traffic signals can hit pedestrians crossing the road legally.
• Driving under the influence: Drivers who are impaired by alcohol or drugs are more likely to cause accidents.
• Failure to yield: Drivers are required to yield the right of way to pedestrians at crosswalks, and failure to do so can result in serious accidents.

In these cases, the driver may be held liable for the injuries and damages caused to the pedestrian.

2. Pedestrian’s Negligence

In some instances, the pedestrian may share some responsibility for the accident. For example, if a pedestrian crosses the street outside of a designated crosswalk (jaywalking) or ignores traffic signals, they may be partially at fault. However, even if the pedestrian is partially responsible, they may still be able to recover compensation under Florida’s comparative negligence law, which allows an injured party to recover damages even if they were partially at fault.

Under comparative negligence, the pedestrian’s compensation will be reduced by their percentage of fault. For example, if the pedestrian is found to be 20% at fault and the driver 80% at fault, the pedestrian’s compensation would be reduced by 20%.

3. Third Parties

In some cases, other parties may be partially liable for a pedestrian accident. For example, if a poorly designed crosswalk or intersection contributed to the accident, the local government responsible for maintaining the roadways could share liability. Additionally, if the driver was operating a commercial vehicle, such as a delivery truck or rideshare vehicle, the employer or company may also be held responsible.

What to Do After a Pedestrian Accident

If you’ve been hit by a car as a pedestrian, taking the right steps after the accident can help protect your legal rights and strengthen your case. Here’s what you should do:

1. Seek immediate medical attention: Your health and safety are the top priority. Even if you don’t feel seriously injured at the scene, some injuries may not be immediately apparent. Seek medical care right away, as your medical records will also be important evidence in your case.
2. Call the police: Report the accident to the police so they can create an official accident report. This report will be critical in determining fault and filing a claim.
3. Document the scene: If possible, take pictures of the accident scene, including your injuries, the vehicle involved, and any relevant road signs, crosswalks, or traffic signals. These photos can serve as valuable evidence.
4. Collect contact information: Get the contact information of the driver and any witnesses to the accident. This information will be helpful when filing an insurance claim or lawsuit.
5. Contact a personal injury lawyer: Pedestrian accidents can be legally complex, especially when it comes to determining liability and negotiating with insurance companies. At The Corry Law Firm, we have extensive experience handling pedestrian car accident cases, and we can help you navigate the legal process.

Recovering Compensation After a Pedestrian Accident

If you’ve been injured in a pedestrian accident, you may be entitled to compensation for your damages. Compensation can cover a range of losses, including:

• Medical expenses: This includes hospital bills, surgeries, rehabilitation, physical therapy, and any future medical treatment related to your injuries.
• Lost wages: If your injuries prevent you from working, you can seek compensation for lost income.
• Pain and suffering: Non-economic damages like emotional distress, physical pain, and loss of enjoyment of life are common in pedestrian accident cases.
• Permanent disability: If your injuries result in permanent disability or disfigurement, you may recover additional compensation for the long-term impact on your life.
• Property damage: If any personal property, such as your phone or bicycle, was damaged in the accident, you can seek compensation for repairs or replacement.

At The Corry Law Firm, we work tirelessly to ensure that you receive fair compensation for all of your losses, both economic and non-economic.

Florida’s Comparative Negligence Law

As mentioned earlier, Florida follows a comparative negligence system. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. It’s important to work with an experienced attorney to minimize your fault percentage and maximize your compensation.

Why You Need an Experienced Pedestrian Accident Lawyer

Pedestrian accidents often result in serious injuries and complex legal issues. Having an experienced lawyer on your side can make a significant difference in the outcome of your case. At The Corry Law Firm, we are dedicated to helping pedestrian accident victims recover the compensation they deserve. Here’s how we can help:

• Thorough investigation: We’ll investigate the accident, gather evidence, and determine who is liable.
• Negotiation with insurance companies: We’ll handle all communication with insurance companies to ensure that you receive a fair settlement.
• Litigation: If necessary, we’ll take your case to court to fight for the compensation you deserve.

Conclusion

If you’ve been involved in a pedestrian accident in Florida, you don’t have to face the legal process alone. The Corry Law Firm is here to help you understand your rights and pursue the compensation you deserve. Contact us today for a free consultation to discuss your case and learn more about how we can assist you.

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