Florida Pedestrian Accident Lawyers

Helping Injured Pedestrians Seek Justice

According to the Centers for Disease Control and Prevention (CDC), nearly 6,000 United States pedestrians were killed in traffic accidents in 2017. The CDC further estimates that, again in 2017, non-fatal crashes rendered about 137,000 pedestrians in need of emergency medical treatment.

These statistics are quite sobering, especially considering that everyone is a pedestrian at some point in the day — even a commuter is a pedestrian when walking from their parked vehicle to the doors of their destination. Fortunately, the state of Florida grants pedestrian accident victims the right to pursue compensation from the driver or party at fault for the crash.

If a legal claim is brought to a successful resolution, you could be entitled to receive monies to cover any damages you have suffered. Michles & Booth’s attorney team fully understands that no amount of money can make up for the trauma of being injured by negligence, but it can help you find some peace of mind and closure regarding the matter and give you the financial support you need to recover.

Call Michles & Booth’s Florida pedestrian accident attorneys at 850-438-4848 or contact us online. We are available 24 hours a day, 7 days a week to take your call.

Do Pedestrians Have the Right of Way in Florida?

A common misconception is that pedestrians always have the right of way. Motor vehicles are required to yield to pedestrians in crosswalks, but there are many instances in which the right of way belongs to the motorist.

The defense is well-aware of this and will likely try to shift the blame onto you to have your compensation reduced or your case dismissed. To understand when pedestrians have the right of way, it is best to refer to state law.

Florida Pedestrian Laws

Several important Florida pedestrian traffic laws to know include the following:

• Traffic signals must be followed at crosswalks, unless a police officer orders otherwise;
• It is prohibited to leave a place of safety (i.e. a curb) without giving motorists sufficient time to yield;
• When crossing outside the bounds of a crosswalk (marked or unmarked), pedestrians must yield to motorists;
• Sidewalks must be used, if provided;
• In the absence of sidewalks, pedestrians must walk on the left shoulder of the road, facing oncoming traffic;
• Whenever possible, crosswalks should be crossed on the right side; and
• Pedestrians must cross intersections at right angles, not diagonally.

Who Is Liable?

To prove liability, you must show that the other party was negligent. The person who caused the accident has a duty of care to avoid harming anyone on the road. If they breached that duty, which caused the accident where you sustained your injuries, they could be held liable.

Liability can be easy to determine if you were hit on a clearly marked crosswalk with the right of way. However, if you were jaywalking, you would most likely be at fault for your accident and injuries.

Pure Comparative Negligence Laws

If you were injured as a pedestrian out of the negligence of another, you might have the right to seek compensation for medical bills, lost wages, pain & suffering, and more. Although it may be apparent you were not at fault, insurance companies will work hard to give you the minimum amount of compensation possible. Florida follows pure comparative negligence laws meaning the plaintiff’s recovery will be reduced if they show any sign of fault.

If you:

• Jaywalked
• Made an unnecessary turn or stopped in the crosswalk
• Left the curb unnecessarily

An insurance company will use this to prove that you were at fault for the accident rather than the driver. It’s recommended to speak with a pedestrian accident attorney as soon as possible.

What Are Common Pedestrian Accident Injuries?

Due to the absence of any substantial protective gear, pedestrians can suffer severe injuries in the event of a crash.

Several common examples of injuries that a pedestrian accident victim may sustain include but are not limited to:

• Brain injuries
• Broken bones
• Orthopedic injuries
• Spinal cord injuries
• Partial or complete limb loss
• Internal organ damage

What Damages Are Available to Pedestrian Accident Victims?

Injured pedestrians may be able to recover compensation for damages that have direct financial costs (economic damages) and damages that are not easily measured by money (non-economic damages), if they can prove that they have suffered those damages as a result of another person’s negligence.

Economic Damages

Economic damages include:

• Medical expenses
• Hospital bills
• Physical therapy
• Lost wages
• Reduced future earning potential
• And more

It is much easier to determine the amount of economic damages that should be paid out because the judge and/or jury can reference any paid bills, doctor’s notes, and medical records.

Non-Economic Damages

Non-economic damages include:

• Pain and suffering
• Emotional distress
• Reduced quality of life
• And the development of mental illnesses like post-traumatic stress disorder, etc.

Non-economic damages are harder to determine because they do not have a specific cost associated with them. However, you may be able to prove you suffered these damages by providing evidence of any psychological counseling you needed or by having a mental health professional provide expert testimony in court.

When fatal injuries are involved, a loved one may be able to file a claim on the decedent’s behalf and recover compensation for the losses of the decedent and their estate. Some bereaved family members may also be able to recover monies for damages that they have incurred, such as funeral expenses or the loss of companionship, consortium, or guidance.

Schedule a Free Consultation With Michles & Booth Today

In a perfect world, negligent parties would admit to their wrongdoings and compensate the person they injured without putting up a fight. Unfortunately, our world is far from perfect, and the liable party tends to fight tooth and nail to avoid being held accountable; this lack of accountability is often first encountered when dealing with the defense’s insurance company.

At Michles & Booth, our pedestrian accident attorneys know the techniques and tactics that insurance agents are likely to use like the backs of our hands. Our firm is dedicated to recovering the maximum amount of compensation available to each and every client, no matter the size of their case.

Michles & Booth’s lawyers won’t let you be a victim twice — if the negligent party continues to avoid accountability, we are fully prepared to take them to court on your behalf.

Have questions regarding pedestrian laws in Florida? Contact us online today for a free, confidential consultation with a Florida pedestrian accident lawyer.