Even with Florida safety initiatives increasing their efforts, pedestrian injuries and deaths continue to rise. Although it’s always your obligation as a pedestrian to maintain your own safety, you should be compensated for your injuries if you are struck due to someone else’s carelessness.
Drivers have a responsibility to share the road safely with others. When they don’t, we can assist you in filing a personal injury claim if you need a pedestrian accident lawyer and are unsure of what to do next.
The Winston Law legal team has helped numerous clients in Fort Lauderdale and the surrounding areas, and we look forward to further assisting you. We provide a free consultation to discuss your pedestrian accident claim’s specifics and settlement value.
Injuries that Increase a Pedestrian-Car Collision Settlement
In 2021 alone, there were over 9,000 pedestrian accidents in Florida, resulting in 831 pedestrian fatalities, according to Florida Highway Safety and Motor Vehicles (FLHSMV). In a pedestrian-car collision, severe injuries are expected, but the following injuries have the most impact on the amount of your settlement:
- Broken bones
- Loss of limbs
- Traumatic head injuries
- Neck and back pain
- Paralysis or permanent disfigurement/scarring
- Knee injuries
- Facial injury
- Spinal cord damage
- Internal organ damage
Soft tissue damage is the best-case scenario in a pedestrian-car accident. You may be compensated for whiplash and sprains, but soft tissue injuries are typically compensated at a fairly low rate.
Wrongful Death
If a pedestrian accident results in a fatality, the surviving family members or the deceased’s estate may be eligible for a large settlement. The details of the settlement amount are covered in the next section, but both wrongful death and the personal injuries listed above are subject to the state’s statute of limitations.
Compensation for Pedestrian-Car Accidents in Florida
How much is compensation for a pedestrian-car accident? It could be $500 or $50,000, it depends on the specifics of your case and the expertise of your pedestrian accident attorney.
A settlement demand for a pedestrian accident is based on a number of criteria, such as:
- Bills for medical care
- Lost wages- current and future diminished income
- Pain and suffering
- Additional out-of-pocket costs such as medical equipment, home care, house modifications
- If the surviving family members of a deceased pedestrian bring a wrongful death claim against the at-fault driver, the settlement figures are higher and expected to cover emotional suffering, funeral, burial, and loss of support costs.
There are no caps on compensatory damages in Florida. However, the maximum amount that a pedestrian accident survivor can receive may be restricted by the at-fault driver’s insurance coverage. Many motorists only carry the bare minimum, but if you are hit by Uber, Lyft, or a commercial truck, they have higher liability insurance policies that award a larger settlement.
How Pedestrian Accidents Affect Florida Laws
Data from the Governors Highway Safety Association suggests that pedestrian accidents have increased by over 40 percent in the past decade. In researching the reasons why the common causes of pedestrian accidents include:
- Unmarked Pedestrian Crossings
- Left Turns
- Distracted Drivers
- Diminished Visibility
Jaywalking in Florida
Although the term “jaywalking” is not recognized by traffic regulations, crossing a street without using an intersection or clearly marked crosswalk is a violation. Tickets can be issued to pedestrians who illegally cross streets where there are traffic lights on both sides.
Yielding
Pedestrians are in charge of their own safety and must use extreme caution when crossing or entering a street, but they have the right of way in most cases. Drivers are legally required to yield to pedestrians at stop signs, traffic lights, marked crossings, and non-traffic signal roads.
A lawyer specializing in pedestrian accidents from Winston Law will be familiar with state laws that could affect the outcome of your personal injury lawsuit. Finding a personal injury law firm with experience with pedestrian accident lawsuits is essential to a favorable outcome.
How Comparative Negligence Law in Florida Affects Liability
In any instance of a pedestrian accident in Florida, both the driver and pedestrian could be responsible for the accident occurring. After an accident, a thorough investigation is performed, and Florida’s “comparative negligence” law is applied to establish the extent of culpability among all parties.
The comparative negligence rule is designed to safeguard the rights of everyone involved by calculating an appropriate percentage of fault to assign to each party, as necessary. Even if you are partially at fault for the accident, you may still be eligible to receive financial compensation.
Contact Us to Handle Your Pedestrian Accident Claim Quickly
Due to the opposition’s knowledge of how well we litigate in court, we settle the majority of cases for our clients during negotiations. You have the right to sue a negligent driver for your injuries if you suffer harm as a result of their carelessness.
If you want professional, responsive, and expedited legal help, contact Winston Law Firm today to schedule a risk-free consultation with one of our top-rated pedestrian accident lawyers in Florida.
