When a car collides with a pedestrian, the results are often tragic for the person on foot. Average passenger vehicles weigh over 3,000 pounds, so unprotected pedestrians stand no chance against these powerful machines. If you or a loved one was injured in a pedestrian accident in Florida, Winters & Yonker Personal Injury Lawyers can serve as your dedicated advocate during this difficult time.
Our law firm opened more than 20 years ago with a singular focus: protect the injured. We have remained steadfast in our mission and have recovered tens of millions of dollars in compensation. We can discuss your legal options for recovering compensation after a serious accident during a free case review. Call us today at (813) 223-6200 to schedule your initial legal consultation with an experienced Florida pedestrian accident lawyer.
How Can Winters & Yonker Personal Injury Lawyers Help After an Injury?
With 120 years of combined legal experience, we know that defendants and insurance companies in Florida take advantage of injury victims who are not represented by competent legal counsel. Even while you’re grappling with a life-altering injury, the insurance company is trying to protect its wealth.
The insurance adjuster assigned to your case may demand a recorded statement, minimize your injuries, or even try to blame you for the accident. When you are confronting such tactics that can jeopardize your right to fair compensation, you need an experienced legal advocate in your corner.
When you hire a Florida personal injury attorney from Winters & Yonker Personal Injury Lawyers, we can help by:
- Explaining your legal rights during a free, no-obligation case review
- Conducting a thorough investigation into the accident to determine how it happened and who is responsible
- Working with your medical providers to better understand your injuries and their long-term impact
- Gathering and preserving critical evidence regarding fault and damages
- Working with experts, as necessary, to substantiate the full range of your damages
- Preparing a demand letter for maximum compensation
- Negotiating on your behalf
After such a serious accident, you need the time to rest and heal. We can handle the rest. Call us today for a free consultation.
How Common Are Pedestrian Accidents?
According to the National Highway Traffic Safety Administration (NHTSA), the most recent five-year annual average of pedestrian deaths is 6,502. Pedestrian fatalities represent about 16 to 17% of all traffic deaths each year. In 2021, the NHTSA estimates that 60,577 people were injured in traffic crashes.
Florida is one of the worst states for pedestrian accidents. Florida Highway Safety and Motor Vehicles reports that there were 10,013 pedestrian-related crashes in the state in 2022, which resulted in 765 fatalities.
Who Is Responsible for Pedestrian Accidents?
Many pedestrian accidents are due to the negligence of motorists who fail to keep a proper lookout or account for the presence of these vulnerable road users. In some cases, the pedestrian may cause these tragic accidents. In other situations, the government agency responsible for designing or maintaining the roadway may be to blame if dangerous road design or conditions contributed to the crash. A lawyer experienced in pedestrian accidents can investigate your case and determine all parties responsible for your injuries.
What Types of Injuries Do Pedestrian Accidents Cause?
When a large vehicle collides with a pedestrian, the results are often tragic. The pedestrian has little protection against this heavy machine and may suffer severe injuries. They may also come into direct contact with metal, scalding liquids, and glass, which can lead to serious injuries. Common pedestrian accident injuries include:
- Traumatic brain injuries
- Facial trauma
- Severe lacerations
- Spinal cord injuries
- Neck and back injuries
- Crush injuries
- Internal organ damage
- Amputations
- Broken bones
- Soft tissue injuries
- Severe burns
- Disfiguring injuries
Tragically, many pedestrian accidents are fatal, leaving surviving family members questioning whether to pursue a wrongful death claim.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for various reasons, but some of the most common include:
- Distracted drivers
- Speeding
- Drunk driving or driving under the influence of drugs
- Fatigued driving
- Failure to keep a proper lookout
- Failure to yield the right-of-way
- Running a red light or stop sign
- Passing stopped vehicles at a crosswalk
- Malfunctioning traffic lights
- Inadequate lighting
- Dangerous road design
Our legal team can investigate your accident to determine all the factors that contributed to it to hold the responsible parties liable.
Where Do Pedestrian Accidents Occur?
Pedestrian accidents can occur anywhere pedestrians and motor vehicles converge. As such, they can occur at crosswalks, intersections, parking lots, or other locations. According to the NHTSA, most pedestrian accidents occurred under the following conditions:
- When it was dark
- At non-intersection
- On roads with five or more lanes
- On roads with speed limits of 30 mph
- In areas frequented by more than 25,000 vehicles per day
- From 6 p.m. to midnight
An experienced attorney can help you seek the compensation you deserve after a pedestrian crash.
Florida Right-of-Way Laws
Many pedestrian crashes occur when drivers fail to yield the right of way to pedestrians. Pedestrians have the right of way in the following conditions:
- At a crosswalk: A pedestrian at a crosswalk indicating it is safe to cross has the right of way. If there is no signal at the crosswalk, the pedestrian still has the right of way. Drivers must yield to them.
- In a roundabout: Pedestrians approaching a roundabout crosswalk have the right of way, and drivers must yield to them before entering the roundabout.
- In a parking lot: Pedestrians crossing parking lots have the right of way over traffic that is moving. Drivers must be especially vigilant in areas where children may be present as they have a tendency to run and are harder to spot.
Even when pedestrians don’t have the right of way, motorists should keep a proper lookout anywhere pedestrians may be.
What Financial Compensation Can I Recover After Being Injured in a Pedestrian Accident?
Florida personal injury law allows accident victims to seek compensation for their losses, which are typically divided into economic and non-economic damages. Economic damages represent the direct financial losses you experienced because of the accident, including:
- Medical bills
- Ongoing medical treatment, including rehabilitation and physical therapy
- Future medical expenses
- Lost wages
- Reductions in long-term earning capacity
- Personal property damaged in the accident
- Out-of-pocket expenses
Non-economic damages compensate for less quantifiable losses, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Scarring
- Disfigurement
- Reduced quality of life
Our experienced legal team can help document all your damages and prepare a strong demand for compensation.
What Is My Personal Injury Case Worth?
Every personal injury case is different, so finding an “average” value can be hard. Your case’s value will depend on various factors, such as:
- The type of injuries you suffered
- The type of medical treatment you required and its duration
- Whether the accident rendered you permanently disabled
- How the accident impacted your ability to work
- Who the responsible parties are, and their insurance coverage
- Whether you contributed to the accident
- The full extent of your pain and suffering
- How your injuries have affected activities of daily living and your relationships with others
The only way to determine an accurate estimate of a personal injury case is to conduct a thorough review of the specific facts and circumstances surrounding the case.
What Do I Have to Prove to Win My Pedestrian Case?
To recover compensation for a pedestrian accident, you must prove the following legal elements:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The breach caused the accident.
- You suffered damages as a result.
As the plaintiff in a personal injury case, you have the burden of showing that the facts you allege are more likely than not to be true. Evidence can help you meet this burden, such as:
- The defendant’s statements
- Your testimony
- The accident report
- Video footage from red light cameras
- Photos of the accident scene
- Witness testimony
- Medical records
Our dedicated personal injury lawyers can assemble your claim.
Can I Recover Compensation If I Was Partly to Blame for the Accident?
Florida uses a modified comparative negligence system when a victim contributed to the accident. Under this system, you can still pursue compensation if you were not more than 50% responsible for the accident. However, your compensation is reduced by your degree of fault. Therefore, if you are found to be 30% responsible for the accident, you could only recover 70% of your damages.
What Is the Deadline to File a Personal Injury Case in Florida?
Florida has a two-year statute of limitations for most personal injury cases. If you miss this deadline, you can forfeit your right to recover compensation through the courts. Protect your rights by contacting an experienced attorney today.
Contact an Experienced Pedestrian Lawyer for a Free Case Review
If you were injured in a pedestrian accident caused by someone else’s negligence in Florida, the legal team at Winters & Yonker Personal Injury Lawyers can help. We relentlessly pursue compensation from negligent parties. Call us today for a free consultation with a Florida pedestrian accident lawyer.
