Tampa Pedestrian Accident Lawyer

In Florida we enjoy an outdoor lifestyle, with opportunities for socializing, relaxing and exercising outside available all year. It’s not unusual to see lots of residents and tourists taking advantage of the ideal climate and walking from place to place.

Unfortunately, this results in a significant number of pedestrian accidents each year. In fact, Florida is consistently the most dangerous state for pedestrians, with 5,433 pedestrian fatalities reported between 2008 and 2017. In the Tampa area alone, there were 640 pedestrian crashes and 57 fatalities just last year.

Many of these deaths and serious injuries were preventable. Drivers could have avoided them by following Florida’s safe driving rules. When drivers act negligently and cause harm, they must be held accountable.

If you or a family member has been injured in a pedestrian accident and the driver of the vehicle involved was at least partially at fault, you may be able to hold the driver accountable and receive compensation for your injuries. An experienced Tampa pedestrian accident attorney at Dennis Hernandez Injury Attorneys can help you get the justice you deserve. We have helped many pedestrian accident victims and their families throughout Florida and want to help you get compensated fully and fairly for your injuries, pain and suffering.

What Causes Pedestrian Accidents in the Tampa Area?

The National Highway Traffic Safety Administration (NHTSA) reports nearly 500 pedestrian deaths in Florida each year. More than 7,000 pedestrians suffer injuries annually in these incidents. While people often call them “accidents,” most result from driver negligence. Drivers of cars, trucks, or buses often cause these crashes, either fully or partially.

Common causes of Tampa area accidents involving pedestrians include motor vehicle safety violations, such as:

• Speeding
• Driving while under the influence of drugs or alcohol
• Texting while driving or other distractions
• Failing to yield to a pedestrian in a crosswalk
• Failing to come to a complete stop at a traffic light or sign

Motor vehicle safety experts recommend the following guidelines to avoid hitting pedestrians:

• Always being on the look-out for pedestrians.
• Never driving while intoxicated or under the influence of drugs.
• Driving very slowly when turning or driving through a crosswalk.
• Always yielding to pedestrians in crosswalks.
• Being especially cautious when it’s hard to see your surroundings, such as during bad weather or at night.
• Always following speed limits, especially slower speed limits in school zones and in residential areas.
• Being extra cautious when driving in reverse.

Who Is at Fault in a Tampa Pedestrian Accident?

In Florida, both pedestrians and motorists must follow state safety laws while using public roadways. Either party — or both — can be legally responsible for a pedestrian accident. Sometimes, both the pedestrian and the driver share fault. Florida’s comparative fault law allows injured pedestrians to seek compensation even if they were partially responsible for the accident.

In other instances, the at fault party is clear. For example, under Florida law, someone driving a motor vehicle has to yield to a pedestrian in a crosswalk at an intersection once the pedestrian has stepped into the roadway. This applies even when there are no crossing signals. If a motor vehicle does not yield and hits the pedestrian, the driver is at fault. In contrast, when there is no designated crosswalk at an intersection, pedestrians trying to cross the street must yield to motor vehicles, so if the pedestrian doesn’t yield and is hit, he or she is at least partially at fault.

What Are Damages in a Tampa Pedestrian Accident Lawsuit?

If you have been injured by a motor vehicle while on foot, you could be entitled to economic and non-economic damages. Economic damages provide compensation for the direct, out-of-pocket, expenses you incurred as a result of the collision. This may include lost wages as well as medical and hospital bills. Non-economic damages, on the other hand, compensate you for the emotional stress and psychological trauma caused by the accident.

In Florida, your compensation may decrease if you share partial fault for the accident. For example, if investigators find you 20 percent at fault and the driver 80 percent, you’ll receive 20 percent less in damages.

Compensation in pedestrian accident cases could include:

• Medical treatment – Your existing healthcare expenses, including emergency services, hospital bills, diagnostic imaging, surgery, post-operative care, travel to and from doctors, prescriptions, and rehabilitation.
• Future healthcare costs – Future healthcare expenses, including surgeries, prescriptions, treatments, rehabilitative care, medical equipment, and assistive devices.
• Lost wages– Wages lost for time off work because of injuries from the accident.
• Diminished earning capacity – Decreased or lost earning capacity because injuries from the accident prevent returning to your job or seeking one that pays as well.
• Physical and emotional pain and suffering – Pain, stress, trauma, and emotional problems stemming from the accident.
• Diminished quality of life – Decreased ability to enjoy life.
• Loss of consortium with a spouse – Loss of companionship and support.
• Other economic and non-economic damages applicable under Florida law.

What If a Family Member Was Fatally Injured in a Tampa Pedestrian Accident?

No amount of money can replace a loved one. Still, holding the responsible party accountable can offer a sense of justice. You may have the right to seek damages through a wrongful death lawsuit. This can include medical bills, funeral expenses, and other actual costs. You may also receive compensation for pain, suffering, and the loss of companionship and support.

Get Competent, Experienced Legal Help after a Tampa Pedestrian Accident Injury

If a pedestrian accident injured you or a loved one, contact our Tampa pedestrian accident attorneys as soon as possible. At Dennis Hernandez Injury Attorneys, we’re ready to help right away. Our team uses its legal experience and expertise to fight for justice. We are committed to helping you recover fair compensation for your injuries.

When you work with Dennis Hernandez Injury Attorneys, you receive support through every step of the legal process. We help gather evidence, file your lawsuit, and go to trial if needed. Our team makes sure to collect all proof of negligence and submit forms on time. We also handle all negotiations directly with the insurance companies. Our team builds strong cases that show you deserve full compensation for your physical, emotional, and financial damages.

Standing firm in the fight for justice, we never back down. If needed, our trial experience and litigation skills will be used to fight aggressively in court for the compensation you deserve.

Call us at 855-LAW-DENNIS or fill in the FREE CASE EVALUATION form on our website to get started on your case.

 

Sources:

Smart Growth American. (2020). Dangerous by design.
https://smartgrowthamerica.org/app/uploads/2020/01/DbD-2020-Report.pdf

Smart Growth America. (2019). Dangerous by design.
https://smartgrowthamerica.org/dangerous-by-design/

U.S. Department of Transportation. National Highway Traffic Safety Administration. (n.d.). Pedestrian safety. https://www.nhtsa.gov/road-safety/pedestrian-safety