Pedestrian Accidents
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Pedestrian Accidents In North Miami Beach
Major cities across the United States are prone to pedestrian accidents given how busy the streets can be. But did you know that out of all states, Florida is one of the most dangerous states for pedestrians? It’s true, during the last 10 years, more than 5,000 Florida pedestrians were struck and killed by a vehicle. Not to mention pedestrians older than the age of 65 are more likely than younger ones to be struck by vehicles. Although the state of Florida collectively ranks high for pedestrian accidents, major cities like North Miami are a hotspot for these incidents to occur. If you or a loved one have been injured by a motor vehicle while you were walking down the street or using a crosswalk, be sure to contact our North Miami Beach pedestrian accident lawyer at Florida Legal to discuss your legal rights to compensation today.
Common Causes Of Pedestrian Accidents
When a pedestrian is struck and involved in a car accident or truck accident, they are at a distinct disadvantage given the sheer size difference. Pedestrians typically suffer the most damage in these collisions and oftentimes their injuries can be severe or even result in wrongful death. In most cases, the pedestrian accident victim will face a long road of hospitalization, surgery, physical therapy, and rehabilitation to recover from the incident. There are many reasons that can cause a pedestrian accident, but most often, these accidents are simply due to negligent driving. Negligent driving can be caused by numerous unsafe behaviors, but some of the most common are as follows:
- Talking on the phone
- Checking your phone for directions
- Texting and driving
- Talking to passengers
- Rubbernecking
- Eating and drinking
- Grooming in the mirror
- Adjusting the radio
- Daydreaming
- And more
Vehicles Involved in Pedestrian Accidents
Although most do, not all pedestrian accidents involve cars or light trucks. In major cities like Miami, city buses, commercial trucks and vans, Ubers, taxis, and Lyfts cause a large portion of pedestrian accidents as well. When a pedestrian accident involves a government vehicle or a vehicle being operated as part of a business, your North Miami Beach pedestrian accident attorney must consider how this impacts your personal injury claim, and the best way to approach it when seeking compensation. That’s why we recommend that you work with an attorney who understands these types of cases and has extensive experience representing similar cases. Florida Legal has represented countless pedestrian accident victims and we understand the best way to handle these niche cases. Call us today for a free case evaluation and begin planning your personal injury case with our skilled legal team.
Recovering Damages After a Pedestrian Accident in North Miami
If you and your North Miami pedestrian accident attorney successfully prove the elements of a negligence claim, you may be awarded compensation for your medical expenses, pain and suffering, lost wages, and other damages. There are core damages that most personal injury cases are eligible to recover. Those damages most often include the following:
- Medical bills
- Lost wages
- Medical equipment and medication
- Rehabilitation and nursing services
- Loss of enjoyment of life
- Pain and suffering
Florida Pedestrian Safety Laws
Florida law 316.130 lists the requirements for drivers to abide by in order to keep pedestrians safe in the State of Florida. There are certain laws that all drivers must be aware of when driving through busy city streets like North Miami. Failing to follow the rules and colliding with a pedestrian can result in serious litigation. There will likely be implications when it comes to legal liability if an accident occurs, that’s why it’s best to speak with an experienced North Miami Beach pedestrian accident lawyer to better understand your personal injury claim.
Florida law 316.130(7) – Drivers Must Stop for Pedestrians in a Crosswalk
Florida statute 316.130(7) requires drivers to stop for pedestrians who are in a crosswalk with a walk signal. The pedestrian may only cross when the traffic signal instructs them to do so. Any time that a pedestrian is lawfully in the crosswalk, the vehicle driver can’t get so close that they’re a danger to the pedestrian. Florida law 316.130(7) prohibits interfering with a pedestrian lawfully in the crosswalk.
Florida law 316.130(15) – Due Care and Caution Towards Pedestrians Required
Florida law 316.130(15) instructs drivers to use due care and caution at all times to avoid colliding with pedestrians. The law calls for special care when there are children or incapacitated persons present. Florida law 316.130(15) calls for general care at all times for vehicle drivers when it comes to the safety of pedestrians.
Pedestrian Accident Statistics In Florida
As mentioned earlier, thousands of pedestrians are struck by drivers each year in the United States. The majority of deadly pedestrian accidents take place at night, between 6:00 P.M. and midnight. However, lack of visibility is no excuse for pedestrian accidents. If a person is entitled to use a crosswalk or walk down the street, vehicles must be aware of their rights and maintain a safe distance. Drunk driving also plays a big role in pedestrian accidents that occur at night. It goes without saying a pedestrian accident caused by someone else driving under the influence is considered gross negligence. which is when the lack of light and drunk driving are more likely to play a factor in a crash. The Florida Department of Highway Safety and Motor Vehicles reported that 6,194 pedestrians were injured in traffic crashes in a recent year, and almost 500 were involved in a fatal car wreck. If you’ve been injured while walking down the street or crossing the crosswalk, call Florida Legal today and speak with our skilled North Miami Beach pedestrian accident attorney today.
Frequently Asked Questions
Should I Hire A Miami Pedestrian Accident Attorney?
When you’ve been injured by someone else’s negligence, you have the right to seek justice and compensation. However, it’s common for insurance companies to be reluctant to pay injured pedestrians what they truly deserve and a result can lead to a challenging settlement process. To combat “lowball” settlement offers, you need an experienced North Miami Beach pedestrian accident lawyer who is ready to fight for you and receive the maximum settlement worth in your case. There are many intangibles that a skilled attorney can bring to your case, including:
- Investigating your accident
- Locating and identifying all responsible parties
- Employing accident reconstruction teams and other experts
- Working with your medical team to evaluate the scope of your injuries
- Dealing with creditors and hospital billing departments
- Examining police reports and other evidence
- Interviewing eyewitnesses
- Negotiating with insurance companies
What is the Deadline to File a Pedestrian Accident Claim?
The statute of limitations in Florida controls when a court will accept a claim of negligence against a defendant driver and their insurance company. It is essential that injured parties understand the statute of limitations for pedestrian accidents and file a claim as soon as possible following the incident. According to Florida Statute §95.11, the statute of limitations in pedestrian accident cases is generally four years. If a plaintiff does not have a case in court within this time limit, the court may dismiss their case.
Contact A North Miami Beach Pedestrian Accident Lawyer Today
At Florida Legal, we will aggressively fight to protect the rights of each and every one of our clients. We have consistently obtained successful results for our clients for more than a decade. If you or someone you know has sustained injuries in a pedestrian accident, call our office to speak with a North Miami Beach pedestrian accident attorney today. Reaching out can be the most critical step toward securing the compensation you deserve. Consultations are always free and conducted by an experienced legal team.