On This Page
- 1 Helping Victims Of Pedestrian Accidents In Tampa
- 1.1 Pedestrian Accidents on the Rise
- 1.2 Pedestrian Accidents in Florida
- 1.3 Pedestrian Accidents and Wrongful Death
- 1.4 Full Compensation For Your Injury
- 1.5 The Effects of Pedestrian Accidents
- 1.6 Driver Negligence in Pedestrian Accidents
- 1.7 Pedestrian Accidents Involving Children
- 1.8 Premises Liability & Pedestrian Accidents
- 1.9 Regarding PIP Benefits
- 1.10 Don’t Wait To Pursue Your Claim
Helping Victims Of Pedestrian Accidents In Tampa
Pedestrian Accidents on the Rise
According to statistics released by the National Highway Safety Association, nearly 5000 pedestrians are killed every year in accidents involving motor vehicles. Even more disturbing is the fact that over 78,000 more pedestrians suffer minor to serious injuries from being struck by cars or trucks operated by distracted or otherwise negligent drivers.
In addition, there are thousands more who suffer injury in non-vehicular accidents. Defects and excessive wear in sidewalk and parking lots, foreign objects in walkways, construction site debris, and a host of other hazards can all cause or contribute to injuries.
Pedestrian Accidents in Florida
Florida is a statistically hazardous states for pedestrians. Whether the accident occurs in a parking lot, on a sidewalk, or just standing on the curb at an intersection, the potential for pedestrian accidents is high, especially those involving cars.
According to the Florida Department of Transportation, injuries resulting from pedestrian accidents within the state occur at nearly double the national average. With 2.6 people per 100,000 experiencing injury by way of someone else’s negligence, Florida has the dubious distinction of having the highest rate of pedestrian accidents in the country. Even more alarming is the fact that even though Florida represents a mere 6 percent of the total U.S. population, 11 percent of all pedestrian deaths occur here.
On a yearly average, Florida accounts for:
- Nearly 500 pedestrian deaths
- More than 2,000 nonfatal pedestrian injuries resulting in hospitalization
- More than 7,500 ER visits emergency resulting from pedestrians being hit by cars
At Winters & Yonker, we are committed to fighting for the rights of pedestrian accident victims and their families. We work tirelessly to ensure that victims are fully compensated for the losses and pain that accompany their injuries. Most pedestrian accidents are easily preventable and are almost always the result of negligence on the part of motorists. Our seasoned personal injury attorneys are committed to fighting hard for the rights of injured people.
We offer private, no-cost initial consultations either at our offices in Tampa or anywhere that is convenient for you. We can meet you in the hospital, at home, or anyplace that helps make the process easier for you. Call us today at 888-373-7770 and speak to an aggressive Tampa personal injury lawyer today.
Pedestrian Accidents and Wrongful Death
Pedestrian accidents are a pervasive problem throughout the United States. Here are just a few alarming facts about them:
- Over 65 percent of pedestrians killed in auto-related accidents are males
- More than 20 percent of children from birth to age 14 killed in auto-related accidents are pedestrians
- More than 20 percent of pedestrian accidents involve hit-and-run drivers
- 1 in 5 people killed in pedestrian accidents are senior citizens with similar numbers attributed to black and Hispanic males
Whether your accident was the result of a driver’s negligence or a hazardous condition left unresolved by reason of negligence, it is important to be fully aware of your rights and seek proper legal representation. This will ensure that you don’t become a victim twice: once to someone else’s negligence, and again when the insurance company convinces you to take a meager settlement that won’t come close to covering your medical, rehabilitative, and emotional health needs.
If you have been injured in a pedestrian accident, you are likely entitled to money damages to cover resulting costs, and for your pain and suffering. The experienced legal team at Winters & Yonker, Tampa’s aggressive pedestrian accident lawyers, is here to help. We fight for the rights of injured pedestrians throughout the state of Florida. When someone is injured through no fault of their own, we hold the negligent party (or parties) responsible. We will help you collect every penny that is fair and get you a settlement that meets all your needs following a senseless pedestrian accident.
Full Compensation For Your Injury
If you have been injured in a pedestrian accident, you may have the right to collect damages for these and other resulting expenses and losses:
- Medical expenses
- Ongoing treatments and therapies
- Prescription medications
- Loss of wages or the continued ability to earn
- Pain and suffering
- Mental and emotional anguish
- Loss of consortium
- Loss of the overall enjoyment of life
The Effects of Pedestrian Accidents
Injuries sustained in pedestrian accidents are often serious and carry long-term consequences for the injured, particularly in cases involving motor vehicles. A person struck by a vehicle can sustain a wide variety of injuries, including (but in no way limited to):
- Spinal Injuries
- Traumatic Brain Injuries
- Back Injuries
- Bone fractures
- Dental Injuries
- Disfiguring injuries
- Internal injuries
The aggressive pedestrian accident attorney team at Winters & Yonker are experienced negotiators. We work with the insurance company to reach a settlement that most benefits you, the injured party, not them. If no reasonable settlement can be reached, we are fully prepared to take your case before a jury.
Driver Negligence in Pedestrian Accidents
People who operate automobiles are responsible for exercising reasonable care under all driving conditions. Failure to to do so is considered negligence. If you or a loved one has been injured by a distracted, irresponsible, inattentive, or impaired driver call Winters & Yonker today at 888-373-7770. Our experienced pedestrian accident lawyers will help you find justice when the negligence of another results in life-changing injury and crippling expense.
Some common factors used to prove driver negligence in a pedestrian accident case include:
- Distracted or inattentive driving
- Failure to use turn signals
- Failure to yield right of way to a pedestrian
- Drunk or impaired driving
- Failure to heed traffic control devices (lights, signs, crosswalks, etc.)
What about Comparative Negligence?
While it is true that pedestrians do sometimes contribute to their own accidents, it is important to realize that Florida injury law recognizes a comparative fault model that allows injured people to still collect damages even if it is found that they shared part of the blame.
Any possible recovery of damages in comparative negligence cases hinges on the ability to prove fault on both sides. Even if you exhibited a moment of carelessness or recklessness, the driver still had the responsibility to drive defensively and exercise reasonable duty of care. Insurance companies are quick to exploit the negligence of the pedestrian and use it to offer a much lesser settlement than what the law allows. Insurance companies will always attempt to settle cases based on policy, but that policy does not often equate to what the law allows.
This is just one of many compelling reasons why it is in your best interest to work with a seasoned pedestrian accident lawyer to settle your case. Call Winters & Yonker today if you have been injured in a pedestrian accident. You are not at the mercy of an insurance company and the insurance company’s policy is not law. Get the help you need and the compensation you deserve. Call 888-373-7770 and speak to an aggressive pedestrian accident attorney now for free.
Pedestrian Accidents Involving Children
Drivers have an increased duty of care regarding the welfare of children. Nationwide, children between the ages of 5 and 9 are at the highest risk of becoming victims in pedestrian-vehicle accidents owing to lack of life experience and the resulting unpredictable nature of their behaviors.
The presence of children within the driving environment should be ample warning of potential danger to drivers. This is why drivers are required to exercise even greater caution when children are present. When a driver fails to take the extra care necessary to ensure the safety of your child and that failure results in your child’s injury or death, you need aggressive legal representation to help you collect adequate damages. Our pedestrian accident attorneys will conduct a thorough investigation into the accident and pursue the right settlement or judgment in your individual case.
Premises Liability & Pedestrian Accidents
Premises Liability is the second most common cause of pedestrian accidents.They occur when negligent property owners breach duty of care and allow hazardous situations to remain unattended. In a premises liability case, the plaintiff has the burden of proving negligence on the part of whoever controls the property. This could prove to be the owner or any managing body tasked with keeping the premises safe. Blatant safety hazards, known structural issues, and lack of warning signs are major causes of pedestrian accidents in premises liability cases.
If the plaintiff can prove that the owner created or allowed the furtherance of the condition, without taking proper action to correct it, a case of premises liability likely exists. The plaintiff might also be tasked with proving that the hazardous condition existed long enough to be discovered and rectified. When successful, he or she stands to collect a significant monetary award for damages. Call Winters & Yonker today to learn how to proceed with your case. We can be reached at 888-373-7770 or by any of the means listed on this page.
Regarding PIP Benefits
PIP (Personal Injury Protection) benefits refer to monies paid as part of Florida’s no-fault auto insurance system. Even as a pedestrian, if you carry auto insurance, PIP benefits are often paid from your policy at a rate of up to $10,000. If you do not have auto insurance, it is possible to collect PIP benefits from the insurer of the negligent driver.
If your money damages exceed the amount available via PIP, (which they often do, especially in pedestrian accidents), you have the right to file a lawsuit for any additional damages, provided you can prove that the driver was operating in a negligent manner that breached his or her duty of care.
If the accident resulted in a hit-and-run or if the driver was uninsured or underinsured at the time of the accident, you might still be able to collect UM/ UIM benefits via your own auto insurance company. Getting them to pay can be difficult, which is where we come in.
Don’t Wait To Pursue Your Claim
If you have any questions regarding your legal options following a pedestrian accident in Florida, Winters & Yonker is here to help. Do not delay in filing your claim. Time is an essential element to any personal injury case. The sooner you call, the stronger your case. Call 888-373-7770 or contact us online today. The call and the advice are free, and we are here 24/7/365 to answer your call. We can meet you at home, in the hospital, or in our offices in Tampa – whichever is most comfortable and feasible for you.