Florida Pedestrian Accident Lawyer
Despite traffic laws that protect pedestrians and the proliferation of dedicated crosswalks and sidewalks, tens of thousands of people are hit by vehicles while walking each year. In many cases, the driver is distracted by texting, reaching for something in the backseat, eating while driving, or some similarly negligent action. No matter the reason for their negligence, they should be held liable for the injuries they cause.
The role of experienced Florida pedestrian accident lawyers is generally to develop a compelling case that proves the defendant directly caused the plaintiff’s injuries. If you were injured following a collision as a pedestrian, speak with one of our knowledgeable injury attorneys here at Kogan & Disalvo. We could review the factors involved in your accident and work to hold the person who hit you accountable.
Determining Liability in a Pedestrian Collision Case
The majority of pedestrian accident cases stem from the actions of reckless drivers. As the injured victim, your attorney must typically prove all four elements of legal negligence before you can recover your damages.
Defendant’s Duty
By obtaining a driver’s license and operating a vehicle, drivers in Florida agree to abide by the rules of the road and do their best to ensure the safety of those sharing the road with them. Every driver has a legal duty to drive safely.
Breach of Duty
There are multiple ways in which a driver can breach their duty of care, such as texting while driving, failing to obey traffic signals, or going too fast for road conditions.
Proximate Cause of Injuries
Even though breaching a duty while driving is wrong, it is not grounds for a personal injury lawsuit unless there is at least one victim who is hurt. A plaintiff cannot be awarded damages unless they can show, through a preponderance of the evidence, that the defendant’s actions directly caused or contributed to causing the accident that harmed them.
Compensable Damages
Finally, the accident at the heart of a civil claim generally must have caused damages to the plaintiff. There are a variety of legal damages that pedestrian accident lawyers in Florida could help accident victims seek compensation for, including but not limited to:
- Past and future medical expenses
- Past and future lost income
- Loss of enjoyment of life
- Disfigurement
Several Liability for Florida Defendants
A plaintiff’s Florida pedestrian accident attorneys might name multiple people or parties as defendants in their lawsuit. Multiple drivers, vehicle owners, companies and even government entities liable for roads and traffic signals can be named as defendants.
If the court agrees that more than one defendant is liable for the plaintiff’s injuries, then each defendant would be liable for their proportionate share of damages.
Seek Representation from a Florida Pedestrian Accident Attorney
If you were injured, you might need the dedicated representation of Kogan & Disalvo’s Florida pedestrian accident lawyers. Our attorneys could determine which individuals or entity may be held liable for your injuries and will fight tirelessly on your behalf to secure fair compensation. Call today to learn more about your rights under Florida law after a severe accident.