The relatively flat terrain in Florida makes it a great place for walkers, runners, and skateboarders. Unfortunately, many residential areas in the state lack sidewalks, and pedestrians risk being struck by a car.
Contact a Kissimmee pedestrian accident lawyer if you or a loved one were injured by a motor vehicle while on foot, a skateboard, or using a mobility device. Our personal injury attorneys at The Florida Firm have a stellar reputation earned over decades of providing exceptional legal services and obtaining excellent results.
Common Causes of Pedestrian Accidents
Pedestrians often get hit by cars when they are crossing in intersections or traveling on the shoulder of the road. Pedestrian accidents often occur because the driver of the vehicle fails to see the pedestrian in time to avoid them. The driver may be speeding, distracted, or affected by alcohol or drugs.
Mechanical issues can sometimes contribute to a pedestrian accident. In that case, the manufacturer would have at least partial liability for your injuries. The attorneys at Colling Gilbert Wright recently secured over $1.5 million for an injured pedestrian, and the vehicle manufacturer contributed to that settlement.
The state or a local government sometimes bears partial responsibility for a pedestrian accident. Inadequate lighting, poor road maintenance, and other factors can contribute to these incidents.
What Is a Pedestrian’s Responsibility?
Many pedestrian accidents involve alcohol. According to a recent report by the National Safety Council, the pedestrian was the only intoxicated party in 25% of pedestrian deaths. Although you must not drink and drive, you should not drink and walk either— get a ride if you are intoxicated.
Florida Statutes §316.130 details a pedestrian’s obligations under the law. You should use sidewalks when they are available, and walk on the left side of the road facing traffic when they are not. As a pedestrian, you have the right of way when you are in a crosswalk and must use it to cross when it is available—when there is no crosswalk, you must yield to oncoming traffic before crossing.
Motorists must be attentive to their surroundings and avoid hitting pedestrians. In most cases, our Kissimmee attorneys can prove the motorist is at fault for your pedestrian accident. However, if you disobeyed the law or behaved recklessly and your conduct contributed to the incident, you will receive reduced compensation to reflect your partial responsibility for your injuries.
Damages for Your Injuries
When someone else is primarily responsible for your pedestrian accident, you can hold them accountable by seeking compensation, also called damages. You are entitled to damages for any losses you suffered due to the accident.
Special damages—also called economic damages—compensate past and future out-of-pocket expenses. These include:
- Lost income
- Reduced future earning capacity
- Healthcare costs
- Rehabilitation expenses
- Home renovations if necessary to accommodate a disability
- Costs of hiring help for household tasks you cannot perform due to your injury
- Incidental expenses
Our Kissimmee pedestrian crash lawyers can help you document all your financial losses to prove your special damages.
You are also entitled to general damages, also known as non-economic damages or pain and suffering damages. These damages provide compensation for your physical pain, emotional anguish, and diminished quality of life.
Punitive Damages
You are always entitled to compensatory damages in the form of special and general damages. In some cases, you may also claim punitive damages, which do not compensate for your losses but punish the wrongdoer who injured you. This form of damages is only available when you can prove that the responsible party acted intentionally and with malice or was grossly negligent.
Most personal injury cases are based on simple negligence, and punitive damages are not available in these cases. However, if you were injured by a drunk driver or someone driving recklessly, there may be an opportunity to pursue punitive damages. Our attorneys can review the evidence in your case to determine whether pursuing punitive damages is merited.
Seek Compensation for a Pedestrian Accident With the Help of a Kissimmee Attorney
Pedestrian accidents often cause severe injuries. When you work with the attorneys at The Florida Firm, we can help you manage issues like paying your bills and applying for disability payments while you recover. A Kissimmee pedestrian accident lawyer could build a strong case to support maximum compensation for your injuries. Reach out to our team today to schedule a free consultation and start pursuing your pedestrian injury case.