Being struck by a vehicle while on foot can lead to severe injuries. Pedestrians have the right to walk and enjoy the outdoors in Florida, and a reckless or careless driver should be held accountable for actions that hinder those rights. Pedestrian accident lawyer represents Miami victims of collisions involving negligent drivers. The Law Offices of Robert Dixon serves clients in Miami-Dade, Broward, and Palm Beach Counties. We are here to assist you in asserting your rights as a victim and receiving the compensation you deserve for injuries sustained as a result of someone else’s negligent actions.Pedestrian Accidents in Florida
Close to 500 pedestrians are killed in car accidents in Florida yearly, according to the Florida Department of Highway Safety and Motor Vehicles. Additionally, over 7,000 pedestrians were injured in crashes in 2012. Unfortunately, pedestrians are likely to sustain relatively severe harm if they’ve been struck by a car or truck. A victim may be able to receive compensation from the driver by filing a personal injury lawsuit based on negligence.Holding Negligent Drivers Liable for Damages
South Florida’s pleasant weather and dense population can result in many people sharing the roads at the same time. If a driver is not paying proper attention to his or her actions, a collision could happen near a crosswalk or intersection. Someone injured in that crash can file a claim against the motorist who is responsible. This would require the pedestrian to prove that:
- The defendant driver had a duty of care;
- The duty of care was breached;
- That breach caused the pedestrian’s injuries; and
- The pedestrian suffered damages as a result.
Drivers have a duty to exercise due care on the road, which includes being mindful of pedestrians. This includes taking precautions to avoid striking pedestrians, including warning them if necessary, either by honking or otherwise letting them know of a vehicle’s presence. Sometimes, however, motorists drive in an exhausted state, are distracted by phones or other electronic devices, drive under the influence of drugs or alcohol, or recklessly fail to reduce speed during a storm. These are examples of actions that could constitute a breach.
Sometimes multiple defendants may be liable for a pedestrian accident. If a driver was operating his vehicle in the scope of his or her employment, the employer could be vicariously liable for any damages that resulted. Since these situations could get complicated, it is important to consult with a knowledgeable attorney to make sure your rights are protected and the appropriate parties are pursued in a lawsuit.
If a driver, or his or her employer, is found negligent, he or she may be held liable for any injuries that result. Although compensation is different in each case, common types of damages awarded include past and future medical expenses, pain and suffering, and loss of income and earning capacity.
In the devastating circumstance that a victim is killed, family members may file an action for wrongful death to receive compensation for funeral and burial expenses, as well as loss of consortium or companionship and any pain and suffering experienced by the victim before death. Personal injury suits must be filed within four years of injury, while wrongful death claims must be asserted within two years, making prompt action important to ensure your rights are preserved.Consult an Accident Lawyer in Miami
If you’ve been involved in a pedestrian accident, or lost a loved one to a careless driver, Miami injury attorney can help you develop a strong strategy to seek fair compensation. Contact the Law Offices of Robert Dixon to schedule a free consultation regarding your pedestrian collision. Please call 877.499.4878 or contact us online, even if you are not sure that you have a claim.