St. Petersburg Pedestrian Accident Lawyer
In Florida, tourists, snowbirds and full-time residents frequently enjoy walking outside for exercise and pleasure. While the warm climate makes this activity enjoyable, a negative consequence is Florida’s high rate of pedestrian accidents. If involved in such unfortunate incidents, a St. Petersburg Pedestrian Accident Lawyer can provide crucial assistance. Unfortunately, Florida has repeatedly been recognized as the most dangerous state in the U.S. for pedestrians. It reported 5,433 pedestrian fatalities between 2008 and 2017.
Sad to say, a lot of these fatalities could have been prevented. This prevention would occur if the people driving the motor vehicles involved in the accidents had been adhering to Florida’s traffic laws and rules for safe driving. Many other serious, non-fatal pedestrian accident injuries could also have been avoided.
If a vehicle struck you while you were walking, you may qualify for compensation. You may also have the right to file a wrongful death lawsuit if a loved one died in a pedestrian accident. In either case, contacting an experienced Florida personal injury attorney as soon as possible is crucial. This will allow you to discuss the possibility of pursuing a pedestrian accident lawsuit.
The experienced attorneys at Dennis Hernandez Injury Attorneys have successfully helped hundreds of accident victims and their families throughout Florida get the compensation they deserve. We want to hear about your accident and help you get compensated fully and fairly for your injuries, pain and suffering.
What Causes Pedestrian Accidents?
We often call these incidents “pedestrian accidents,” but most aren’t truly accidents. A driver’s careless or reckless actions usually cause them, either fully or in part.
Common causes of these collisions include:
- Driving while under the influence of alcohol or drugs
- Driving while drowsy
- Failing to drive cautiously in a residential area
- Speeding
- Failing to yield to a pedestrian crosswalk
- Failing to come to a complete stop at a traffic light or sign
- Texting while driving or other distractions
Motor vehicle safety experts recommend drivers follow these safety guidelines to prevent pedestrian accidents:
- Drive very slowly when turning or driving through a crosswalk.
- Always yield to pedestrians in crosswalks.
- Never drive while intoxicated or under the influence of drugs.
- Always adhere to established speed limits, paying special attention to slower speed limits in school zones and in residential areas where there are children.
- Always be on the look-out for pedestrians. That means focusing completely on your driving and your surroundings.
- Be especially cautious when it’s hard to see your surroundings, such as during bad weather or at night.
- Be extra cautious when backing up. Check your rearview mirror and camera (if available) and turn around to make sure there are no pedestrians behind your vehicle or approaching the rear of your vehicle.
Determining Fault in a St. Petersburg Pedestrian Accident
Pedestrians and motorists are both responsible for following safety rules on Florida’s roadways. Under Florida law, then, they can both be held liable when a pedestrian accident occurs.
According to Florida law, a motorist has to yield to a pedestrian once the pedestrian has stepped into a crosswalk in the roadway even when there are no crossing signals. In contrast, a pedestrian must yield to a vehicle when crossing the street when there is no designated crosswalk.
There are times when both a pedestrian and a motorist are at fault in a pedestrian accident. Florida follows a comparative fault system. This means a pedestrian can still recover compensation even if they share some blame. The amount depends on how much of the fault falls on the driver.
Compensation for St. Petersburg Pedestrian Accident Injuries
If you have been injured in a St. Petersburg pedestrian accident, you could be entitled to compensation. Compensation could include:
- Medical treatment costs– 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 in specific cases under Florida law
In Florida, if you share fault for an accident, the law reduces your compensation based on your level of responsibility. For example, if the driver was 80% at fault and you were 20% at fault, your compensation would drop by 20%.
Wrongful Death Lawsuit for a Family Member Fatally Injured in a St. Petersburg Pedestrian Accident
A financial settlement or award can’t truly compensate you for the loss of a loved one. However, a lawsuit does enable you to hold the party responsible for your loss legally liable. In addition, if you lost a family member, you may be able to obtain financial compensation for expenses. This includes medical bills that accrued prior to death and burial costs. You may also receive compensation for your suffering and loss of companionship as the claimant in a wrongful death lawsuit.
Get Competent, Experienced Legal Help after a St. Petersburg Pedestrian Accident Injury
If you or a family member has been injured in a pedestrian accident, please contact the experienced attorneys at Dennis Hernandez Injury Attorneys as soon as possible. We are dedicated to helping accident victims achieve justice and full compensation for their injuries.
At Dennis Hernandez Injury Attorneys, we are committed to supporting you through the entire legal process. This includes the beginning investigation and gathering of evidence, filing a lawsuit, and going to trial, if necessary. Our team collects all the evidence needed to prove negligence and files required forms on time. Negotiating directly with insurance companies is part of our process, so you don’t have to handle it alone. To strengthen your claim, we prepare a compelling case that shows why you deserve full compensation for your physical, emotional, and financial damages.
Many personal injury lawyers try to avoid court trials by settling early with insurance companies. We won’t disappoint you. We won’t back down. Instead, we will put our extensive trial experience and litigation skills to work fighting 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