Every year in Florida there are approximately 500 pedestrians killed each year, and about 7,000 injuries of varying severity. The cause of an enormous portion of these is simple negligence, either by action or inaction. Meaning most accidents are caused by someone either doing something they should not have, like drinking too much before driving, or not doing something they should have, like checking a blind spot or preventing distraction.
After a Pedestrian Accident
Being involved in an accident as a pedestrian can result in devastating injuries. You are likely to be injured in such a way that you have extensive healing and recovery ahead. There is even the possibility of permanent disability, disfigurement, or even death. You are likely to suffer extensive losses in any of these scenarios, and that may put you and your family’s financial future in danger. Elstein Legal can help.
Pedestrian Rights And Responsibilities
In most typical circumstances in the state of Florida, pedestrians have the right of way when crossing the street. This even applies in scenarios lacking crossing signals or formal crosswalks, if they have already started crossing. Conversely, pedestrians are required to yield to drivers of vehicles if they have not yet stepped into the crosswalk. J-Walking, or darting out into traffic without right-of-way or crosswalk though is an offense and the pedestrian can be held partially liable for the resulting damages.
Can I Be Partially Liable As A Pedestrian?
Yes, you can. Since Florida works on a fault assignment system known as “comparative fault”, if it is found that you as a pedestrian had what is referred to as “contributory negligence”, your personal injury claim can be reduced by the percentage of fault or liability that is determined for your role in the accident. For example, if you are found to be 10% at fault for the accident, and your settlement would be reduced by 10% in turn.
Common Causes Of Florida Pedestrian Accidents
Pedestrians are certainly at a disadvantage during accidents, as they have zero protection from the inertia and shear kinetic energy of a vehicle. In most cases, this means extensive injuries, surgeries and hospital time, therapy, and rehab. These accidents and subsequent injuries are often caused by negligent behaviors, including:
- DUI and DWI
- Driving while distracted by the radio, digital device, or even fatigue
- Violate traffic laws
- Ignore traffic control devices
- Speeding or other reckless behavior
- Failure to yield the right of way
Why Choose Elstein Legal?
The injury claims process is complex and frustrating enough, but when you are trying to navigate the process yourself while healing and trying to recover and get back to work, it can be overwhelming. Working with an experienced attorney like Brian L. Elstein can mean the difference between a claim which isn’t successful, and one that is. With the extensive experience building strong claims, supported by evidence and documentation, he knows how to present the claim at every stage of the process. Contact Elstein Legal today.