What are the Common Causes of Pedestrian Accidents?

When a vehicle hits a pedestrian and knocks them to the ground, they will likely suffer severe and sometimes deadly injuries. Pedestrians, unlike drivers and passengers in motor vehicles, do not have a protective barrier between themselves and the ground. Therefore, if they fall, they may suffer serious head injuries, broken bones, and permanent disabilities.

If you suffered injuries in a pedestrian accident that an irresponsible driver caused, you may recover monetary compensation for your physical injuries, along with other accident-related losses. However, to maximize your total monetary award, a skilled pedestrian accident attorney in Tampa should represent you at every stage of your personal injury claim or lawsuit. Your lawyer will advocate for you throughout the legal proceedings and will maximize the total monetary compensation you recover for your injuries.

Your lawyer can first investigate the circumstances of your pedestrian accident and determine your eligibility for filing a claim with your own insurance company – or with the at-fault driver’s insurer, depending upon the circumstances. Your lawyer can then submit the necessary claim documents and negotiate with insurance company representatives on your behalf.

If your case does not settle, your lawyer can draft a lawsuit and file it in the appropriate court system.

Finally, your attorney can litigate your case to an efficient resolution and pursue the maximum amount of monetary damages available to you in your case.

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How Do Pedestrian Accidents Frequently Happen?

Most pedestrian accidents happen because other drivers fail to drive carefully and safely, especially when pedestrians are walking nearby. Many pedestrian accidents occur because drivers fail to properly yield the right-of-way to pedestrians at the appropriate times.

For example, a driver may try to run a red light at a traffic intersection or run a stop sign or yield sign, directly colliding with a passenger who is lawfully present at an intersection crosswalk.

Pedestrian accidents may also occur when drivers are inattentive and fail to watch the road. For example, they might listen to loud music in their vehicle, program a GPS navigation system for directions, adjust the volume on their stereo, or read a text message on their mobile device instead of watching the road.

When a driver turns their attention away from the road, they may negligently cause their vehicle to strike a pedestrian in a crosswalk or on a nearby sidewalk, causing them serious injuries.

Another common cause of pedestrian accidents is fatigued driving. When a driver fails to get enough sleep before getting behind the wheel, they may experience limited concentration and delayed reaction time, preventing them from stopping their vehicle to avoid hitting a pedestrian in a crosswalk – or in a parking lot or parking garage. A fatigued driver may also fall asleep at the wheel, causing them to lose control of their vehicle and violently hit a pedestrian.

In addition, some pedestrian accidents happen when drivers do not use their backup cameras, mirrors, and other devices on their vehicles. If a driver fails to use these devices when pulling out of a parking space at a parking lot or garage, they may not see a pedestrian walking behind their vehicle. If they back out with significant force, they may negligently cause their car to hit the pedestrian and cause them to suffer serious injuries.

Finally, some pedestrian accidents happen when people drive under the influence of drugs or alcohol. These substances can alter a driver’s mindset, limit concentration, impair reflexes, and delay reaction time. As a result, the driver may be unable to see or react to a pedestrian’s presence on or near the road.

If you suffered injuries in a pedestrian accident that another driver caused, you may have legal options that you can consider. A skilled pedestrian accident attorney in your area can explain all of your legal options and help you chart a course of action for successfully moving your case forward.

Your lawyer can file a claim with the appropriate insurance company, negotiate with the adjuster handling your claim, and pursue favorable settlement compensation from the insurance company.

Common Pedestrian Accident Injuries

When pedestrians fall to the ground in a severe accident, they may suffer debilitating injuries that can affect them for the rest of their lives. The injuries a pedestrian suffers in an accident will usually depend upon the amount of force involved, how they fall on the ground, the surface where they land, and how they land on the ground.

For example, if pedestrians strike their heads on the ground in a collision, they may sustain a traumatic head or brain injury, such as a deep laceration or concussion. Similarly, they may suffer a fracture or broken bone if they land on their knees or ankles.

Other common injuries that pedestrian accident victims may suffer include:

• Soft tissue injuries
• Shoulder and elbow injuries
• Internal organ damage
• Internal bleeding
• Vertebrae fractures
• Full or partial paralysis
• Road rash
• Bruises

After most pedestrian accidents, the victim must visit the hospital emergency room or local urgent care center. A medical provider can recommend ongoing care and treatment at one of those facilities. Pedestrian accident victims must follow through with and complete their medical treatment regimen. Otherwise, their injuries may not have the chance to recover fully.

Moreover, when accident victims fail to treat certain injuries, or if there are significant gaps in their treatment, insurance companies may become skeptical. Specifically, the handling insurance company adjuster might believe that the accident victim did not sustain serious enough injuries in their pedestrian accident to warrant significant monetary compensation.

In fact, it is to the insurance company’s advantage to offer the accident victim as little monetary compensation as possible to resolve their case.

By following through with your entire medical treatment regimen and refraining from significant treatment gaps, you help your chances of recovering full and fair monetary compensation.

When you complete your medical treatment or know your prognosis and future treatment requirements, your attorney can begin advocating for you and gather the documents necessary to prove your personal injury claim. Your lawyer can assemble these documents into a complete settlement demand package and forward them to the appropriate insurance company for review.

No-fault Pedestrian Accident Claims

Some states, including Florida, follow no-fault insurance laws regarding vehicle and pedestrian accidents. A pedestrian who suffers injuries in an accident can turn to their auto insurance company for compensation even if another driver caused it.

In Florida, Personal Injury Protection (PIP) insurance provides maximum financial benefits of $10,000, which does not cover many losses. An injured pedestrian can use these benefits towards their medical expenses or lost income, but they might need to explore other options to recover complete compensation.

If the accident victim does not have PIP coverage or suffered serious injuries, they can turn to the at-fault driver’s liability insurance coverage. If the accident victim suffered a disfiguring or disabling injury in their pedestrian accident, or if the costs of their medical treatment exceed the limits of available PIP coverage, the accident victim can file a third-party claim against the at-fault driver’s insurance policy for additional monetary compensation.

The accident victim must demonstrate that the other driver was negligent to file a viable third-party claim or lawsuit under the at-fault driver’s policy. Specifically, the injured pedestrian must establish that the other driver deviated from the legal duty of care, such as violating one or more traffic laws or driving while under the influence of alcohol.

Next, the injured pedestrian must establish that the other driver’s negligence was both the actual and the foreseeable cause of the subject collision. Finally, the injured pedestrian must establish, through medical testimony, that they suffered at least one physical injury in their pedestrian accident.

When it comes to proving medical causation, having an experienced medical treatment provider on board in your case can be an invaluable help. The provider can establish, to a reasonable degree of medical certainty, that your injury or injuries directly resulted from the pedestrian accident. The provider can also demonstrate, based upon their experience, that you suffered at least one permanent physical injury in your pedestrian collision.

Fault-Based Pedestrian Accident Claims

If you suffered injuries in a pedestrian accident in a fault-based state like Washington State, the claims-filing process differs significantly.

Therefore, to recover monetary damages for a pedestrian accident in Washington, the accident victim must prove that the other driver was negligent and satisfy the other legal elements of a third-party claim or lawsuit. If they can fulfill their legal burden of proof, they may recover monetary compensation based on the extent of their injuries and other accident-specific circumstances.

Recovering Monetary Damages in Pedestrian Accident Cases

There is no disputing that pedestrians may stand to suffer severe injuries in an accident scenario.

The total monetary recovery that an injured pedestrian recovers as part of a personal injury claim or lawsuit will depend on:

• The jurisdiction where their accident took place
• The type of claim involved (PIP versus third-party)
• The nature and extent of the injuries they suffered in their accident
• The total cost of their medical treatment
• Whether they suffered a permanent injury
• The likelihood that they will need ongoing medical care in future months or years
• The overall effect that the accident had on their life and well-being

In no-fault PIP claims, such as those a pedestrian accident victim may file in Florida, accident victims can recover a percentage of their related medical expenses and lost income, up to a maximum of $10,000. However, to recover monetary compensation for intangible losses, including pain and suffering, a pedestrian accident victim must generally successfully file a third-party claim or lawsuit against the responsible driver.

As part of a third-party claim, the accident victim can recover monetary compensation for:

• Past and anticipated pain and suffering
• Mental distress
• Inconvenience
• Loss of use of a particular body part
• Loss of life enjoyment
• Permanent disability
• Permanent disfigurement
• Loss of spousal consortium and companionship
• Lifetime care costs, such as around-the-clock care at a nursing facility or assisted living center

A pedestrian accident attorney in your jurisdiction can determine the type of claim you can legally file in your case. Your attorney can then help you maximize the compensation you deserve by aggressively negotiating with insurance company adjusters or, if necessary, by litigating your case in the appropriate court system.

If your case must go to a civil jury trial or binding arbitration proceeding, your lawyer will aggressively introduce evidence on your behalf and argue in support of your case and legal interests.

Talk With a Pedestrian Accident Attorney Near You Today

You should immediately take action if you recently suffered injuries in a local pedestrian accident. Taking prompt legal action helps to safeguard your right to the monetary compensation you deserve.

Injured accident victims have a limited time to file a personal injury lawsuit, depending upon the statute of limitations in their jurisdiction. Therefore, the sooner you act, the more likely you will recover total and favorable monetary damages.

Your attorney can meet with you right away to explore all of your legal options and help you develop a plan of action. Moreover, your attorney can address all of your legal questions every step of the way and work to secure a favorable monetary result in your pedestrian accident case.

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Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603

Phone: 813-725-5606