Inattentive drivers approaching an intersection can be a danger to others legally entitled to the use of a roadway. If you’ve been struck by a car while using a Miami crosswalk, the car crash attorneys at the Law Offices can help you hold a careless driver responsible and pursue compensation for your losses. We represent clients throughout Miami-Dade, Broward, and Palm Beach Counties in bringing claims against negligent drivers and ensuring your legal rights are properly asserted. Please contact our office today for a free consultation about your case.Crosswalk Accidents in Florida
The beautiful weather in South Florida lends itself to pedestrians enjoying the roads. Unfortunately, it also leads to thousands of people being injured by motorists each year. In 2012, over 7,000 pedestrians were hurt in car accidents, according to statistics released by the Department of Highway Safety and Motor Vehicles.
Despite Florida law giving pedestrians in crosswalks the right of way, many drivers fail to stop, leading to serious injuries. Some people may even hit a person and flee the scene. A hit and run accident is when a driver strikes another vehicle, pedestrian, or bicyclist but fails to stop and exchange information or otherwise help the injured individual. Under Florida statute, an uninjured motorist involved in an accident is required to stop immediately and as close to the scene as possible, provide his or her information to the injured parties and help them get access to medical treatment if necessary or requested.Protect Your Rights by Filing a Negligence Claim
If you’ve been hurt in a crosswalk collision, you can try to hold the driver responsible by filing a personal injury lawsuit. To recover damages, the victim usually bases his or her claim on the legal theory of negligence. To demonstrate a driver was negligent, it is necessary to prove:
- The driver owed the victim a duty to operate the vehicle with reasonable care;
- That duty was violated, or breached;
- The breach was a proximate cause of the victim’s injuries; and
- Actual, quantifiable damages arose from the accident that can be compensated.
All drivers must operate their vehicle in a manner consistent with a reasonable and prudent person in similar circumstances. For example, someone who speeds through a crosswalk and strikes a pedestrian would not typically be considered in compliance with this standard, since most ordinary drivers would not engage in such risky actions. If the victim can draw a direct causal link from this careless behavior to the collision in which he or she was hurt, it is likely that he or she can hold the driver liable for any economic or non-economic damages that he or she identifies. Forms of compensation available for a pedestrian injured in a crosswalk may include past and future medical expenses, pain and suffering, and loss of income and earning capacity.
Unfortunately, sometimes these collisions result in a fatality because pedestrians lack protection from the vehicle that strikes them. In such circumstances, the victim’s family may pursue a wrongful death lawsuit so that they may be compensated for expenses such as funeral and burial costs or loss of consortium. It is important to consult a knowledgeable attorney if you believe you may have a claim, for lawsuits can be time-barred if they are not filed within the appropriate statute of limitations. In Florida, personal injury cases must be brought within four years of the date of injury, and a claim for wrongful death must be filed within two years of the victim’s passing.Consult a Fort Lauderdale Attorney for Your Auto Accident Case
A careless driver who causes serious injuries to pedestrians legally using a crosswalk should be held accountable for his or her negligent actions. If you’ve been hurt near Fort Lauderdale in this type of collision, the auto accidents at the Law Offices can help you assert your right to the compensation that is appropriate for your harm. Please call (877) 499-4878 or contact us online to discuss your possible legal action and set up a free, no-obligation consultation about your case.