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Pedestrians can be walking into harm’s way whenever they step off the curb, and communities in Broward County have more pedestrian accidents than many other areas in the state.
Walkers who have been hit or the families of those who died in a pedestrian accident need competent legal help, such as the Broward County pedestrian accident lawyer who can work to get you the compensation you deserve.
A skilled attorney with experience in pedestrian and vehicle collisions can work tirelessly to build a solid personal injury case for you.
Pedestrian Accident Statistics
A pedestrian accident study conducted by Smart Growth America ranked the Miami-Fort Lauderdale corridor 11th of 20 metropolitan Florida areas.
The Florida Department of Highway Safety and Motor Vehicles reported that Broward County experienced 1,098 pedestrian accidents in 2015. Of those, 59 people were killed and 980 sustained injuries. Children are particularly vulnerable according to SafeKids.org.
Drivers hit pedestrians because they are distracted by texting, operating the radio and other controls, speeding, disobeying stop signs and traffic lights, and impairment. Statistics show most pedestrians are hit during the evening and night hours.
Florida Laws Regarding Pedestrian Accidents
Hitting a passerby is a criminal offense, but the victims and surviving families can sue the driver in civil court to achieve monetary compensation. The defendant can be sued under Florida’s negligence doctrine.
A driver who hits a pedestrian has failed in legal obligation not to bring harm or property damage to another person or entity. This is called a duty of care. The driver has such duty toward the pedestrian because the two share the road.
Breach of Duty
The act that violated the duty, called a breach, is an act that was foreseeable in causing harm, such as looking away at the wrong moment. The result of that act is the proximate cause, also known as the legal cause, of the impact that brought about harm and monetary physical and emotional damages.
To win the case, a Broward County pedestrian accident lawyer needs to prove all of those elements that comprise negligence. In Broward County, comparative negligence law also holds everyone who had some fault in causing an incident financially responsible.
So, if the driver was 90 percent at fault for looking away and the pedestrian 10 percent for not looking out for approaching traffic, the damages of each are reduced by the percentage of fault that a jury determines.
Common Injuries Resulting from Pedestrian Accidents
An impact even at slow speed causes serious injuries, including broken bones, shoulder injuries, and lacerations. Permanent injuries such as brain and spinal cord damage, amputations, scaring and disfigurement happen with increased impact speed.
Recovering Damages
The lawsuit must document the damages. Detailed proof of injuries and all medical expenses related to the event are necessary to prove physical damages. Payroll documentation can prove lost earnings, and future earnings if the victim is unable to return to work, or a change in career path requires pay for retraining.
Emotional damages, such as pain and suffering, emotional trauma, and mental anguish are real, but more difficult to prove and juries can either be generous or skeptical.
These damages can pay for psychological and psychiatric counseling and medications. Keeping a journal that discusses how a person is feeling including depression, anxiety, bitterness, insomnia, and loss of consortium can be used as evidence and presented to a jury. A distinguished Broward County pedestrian accident lawyer can help victims pursue damages for their injuries.
Talking to a Broward County Pedestrian Accident Lawyer
If you have been hit by a vehicle and are facing severe injuries, contact a Broward County pedestrian accident lawyer to ensure you are getting the compensation you deserve. A skilled pedestrian accident attorney can examine the facts of your claim, and use them to build a solid personal injury case for you.
