Pedestrians who are hit by motor vehicles commonly sustain serious and life-changing injuries. Pedestrian accident victims and the immediate families of those who die in these accidents should contact a Delray Beach pedestrian accident lawyer to begin legal action to recover damages.
A Delray Beach pedestrian accident lawyer can help you to file a claim to pursue necessary compensation while you focus on recovery. Consult with a seasoned injury lawyer for more information.
Florida Pedestrian Accident Statistics
Florida stands with Arizona and Delaware in having the highest number of pedestrian deaths during 2015, according to the Governors Highway Safety Association. State records reported 9,085 pedestrian accidents during 2015, an increase of 2.79 percent over the previous year, according to Florida Highway Safety.
Palm Beach County accounted for 604 of those accidents, which resulted in 529 injuries and 35 fatalities during 2015.
Pedestrians 65 and older and children 15 and younger account for 19 percent and 13 percent, respectively, of all pedestrian incidents, reports the Centers for Disease Control and Prevention (CDC).
Applicable Law Regarding Pedestrian Accidents
In Florida, a pedestrian is defined as someone walking along the roadway or crossing the road in a marked or unmarked crosswalk. Also included are people working on a roadway, utility workers on the job by the roadway, and emergency services personnel. They all have the right-of-way.
When pedestrians are hit by a vehicle, Florida’s comparative negligence law is invoked. This law limits the amount of damages that can be claimed by the percentage of fault a person has in causing an accident. Lawmakers wanted to hold anyone financially responsible who has some fault in causing an accident. A Delray Beach pedestrian accident lawyer can assist with this situation.
Proof of Negligence
Negligence is determined by proving its elements:
- Duty of care: The legal obligation to act in a manner that does not cause injury or property damage to another person or entity
- Breach: An action, or taking no action, that violates duty of care
- Causation in fact: The action, or inaction, caused injury or other harm
- Proximate cause: Particular foreseeable consequences resulted
- Damages: Financial loss occurred
Potential Damages a Person May Recover
Injury parties may claim general and special damages:
- Current and future medical care including surgeries
- Therapeutic treatments including equipment
- Present and future income
- Pain and suffering
- Mental anguish
- Emotional trauma
- Loss of consortium or companionship
- Costs of canceling or altering plans
- Punitive, to punish when negligence was egregious
In fatal accidents, other damages apply and cases become wrongful death actions.
How a Delray Beach Pedestrian Accident Attorney Can Help
To prove all the elements of negligence, the Delray Beach pedestrian accident lawyer will aggressively pursue the evidence avenues, which are physical, documentary, and testimonial. Physical evidence comes from the accident scene investigation, as well as, photographs of the injuries. Documentary evidence is comprised of all care and associated costs. The questioning under oath of all parties involved and witnesses develops testimonial evidence.
The lawyer will try to construct a lawsuit that presents facts that allege negligence with legal citations from applicable court cases and the lawyer will try to anticipate the defense’s strategy and be prepared to counter it. Throughout the process, the Delray Beach accident lawyer will regularly provide updates about the case and advise, as needed, along the way.
Many personal injury cases are settled between the parties. Insurance companies serve their own best interests, which means the Delray Beach pedestrian lawyer will try to assertively negotiate to achieve fair damages that satisfy your needs.