Pedestrian Accidents on Highways

Generally, highways are not pedestrian-friendly, and people on foot are discouraged from traveling on those busy roads. However, sometimes a highway is the only route available for a pedestrian to get where they are going, especially if they have been stranded by a broken down car. When a pedestrian accident occurs on a highway, the chances of significant, life-altering injuries or death are high. The Miami pedestrian accident lawyers at the Law Offices of Robert Dixon help victims and families who have lost loved ones in pedestrian accidents on highways pursue personal injury or wrongful death claims against those responsible.

Although you may think that you do not have legal options following a pedestrian accident on a highway, this is not necessarily true. All motorists have the responsibility to avoid striking a pedestrian and to take proper care to avoid injuring another person. When a driver fails to act reasonably, they can be held accountable for the injuries caused. Our attorneys offer compassionate and experienced legal representation to clients throughout South Florida, including in Miami-Dade, Broward, and Palm Beach Counties.

Pedestrians who cross a highway, need to walk on the shoulder, or travel via an on or off ramp are at risk of being struck by vehicles . Although it is not advisable for pedestrians to walk on busy streets where there are no sidewalks or crosswalks, it may be necessary in the aftermath of an accident or when a vehicle has broken down. The safest place to be in such situations is inside a car, with the hazard lights flashing, but this is not always feasible, especially if the car itself is a danger or if there is no immediate help.

When a vehicle strikes a pedestrian, the risk of permanent injuries is high. This risk only increases when cars and trucks are traveling at fast speeds on a busy highway or at night, and drivers are not paying proper attention to their surroundings. Pedestrians are of course expected to exercise their own reasonable care when walking near vehicles and along roads that can be dangerous. However, motorists still owe their own duty to act as a reasonable and prudent person would act in similar situations. For example, a driver who is speeding excessively on a highway without using their headlights, or who is driving too closely to the shoulder of the road, and strikes a pedestrian, can be found to have acted unreasonably and held accountable for negligence.

Florida follows a pure comparative negligence rule for determining damages in personal injury and wrongful death claims. Under this principle, even if a pedestrian victim is partially at fault for causing their own injuries, compensation will be determined in proportion to each negligent party’s degree of liability. Therefore, a pedestrian who was not exercising proper care can be found 40 percent liable for causing his or her own injuries but still be awarded 60 percent of the total damages incurred from a negligent driver. This compensation may include past and future medical expenses, loss of income, diminished earning capacity, and pain and suffering. Families who have lost loved ones may also pursue a wrongful death case on behalf of the victim in order to recover damages for any outstanding medical costs related to the fatal injury, as well as burial or funeral expenses.

Pedestrian accidents on highways are frightening experiences. First and foremost, a victim’s priority should be on their recovery. However, it is often necessary to consider legal action in order to make sure that the financial impact of their recovery falls on the responsible party. At the Law Offices of Robert Dixon, we assist victims and their families in determining which legal steps are necessary in their situation. If you have questions about your legal options in the aftermath of a pedestrian accident that has occurred on a highway, call 877.499.4878 or contact us online today to set up a free consultation. Our attorneys represent people in Miami, West Palm Beach, and other cities in South Florida.