PEDESTRIAN ACCIDENT?

Pedestrian accidents can have devastating consequences, often resulting in severe injuries or even fatalities. If you or a loved one has been involved in a pedestrian accident in Seminole, Lake, Volusia, or Orange County, it is crucial to understand your rights and the legal options available. At Chubb Law, an experienced Lake Mary pedestrian accident attorney from our dedicated team is here to help you navigate the complex legal landscape and fight for the compensation you deserve.

FLORIDA PEDESTRIAN ACCIDENT STATISTICS

According to the National Highway Traffic Safety Administration (NHTSA), Florida ranks third in the nation for pedestrian fatality rates. The organization reports that there were more than 800 pedestrians killed in the Sunshine State in 2021. These fatalities were a result of nearly 9,570 pedestrian crashes, Florida Highway Safety and Motor Vehicles (FLHSMV) reports.

COMMON CAUSES OF FLORIDA PEDESTRIAN ACCIDENTS

Several factors can contribute to pedestrian accidents in Lake Mary, Altamonte Springs, Oviedo, or other areas in Seminole County, including:

• Driver negligence: This encompasses a wide range of reckless or careless driving behaviors, such as speeding, distracted driving like texting, talking on the phone, and eating, driving under the influence of alcohol or drugs, failing to yield the right-of-way to pedestrians in crosswalks, making improper turns, and not using headlights at night.

• Pedestrian distraction: While pedestrians have a right of way in designated areas, being engrossed in phones, listening to music with headphones at high volume, or walking under the influence of alcohol or drugs can significantly impair their awareness and reaction time, increasing the risk of accidents.

• Negligent road design or maintenance: In some cases, poorly designed intersections, inadequate lighting, obstructed crosswalks, or lack of proper signage can contribute to pedestrian accidents.

• Defective vehicle parts: Faulty brakes, malfunctioning headlights, or blind spots in certain vehicles can lead to accidents if not addressed promptly.

• Poor visibility: Low light conditions, adverse weather, and poorly lit areas can make it difficult for drivers to see pedestrians.

COMMON INJURIES IN PEDESTRIAN ACCIDENTS

Pedestrian accidents often result in severe injuries due to the lack of protection for those on foot. Common injuries sustained in pedestrian crashes include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Broken bones
• Internal injuries
• Soft tissue injuries
• Cuts and lacerations
• Psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD)

LEGAL RIGHTS OF PEDESTRIAN ACCIDENT VICTIMS IN FLORIDA

Pedestrian accident victims throughout Florida have legal rights to seek compensation for their injuries and losses. Understanding these rights is crucial to pursuing a successful claim.

Duty of Care

Drivers have a legal duty of care to operate their vehicles safely and avoid harming others, including pedestrians. This duty includes obeying traffic laws, being attentive, and taking necessary precautions to prevent accidents.

Negligence

To hold a driver accountable for a pedestrian accident, you must prove that their negligence caused the accident. Negligence involves four key elements:

• Duty: The driver owed a duty of care to you as the pedestrian.

• Breach: The driver breached that duty by acting carelessly or recklessly.

• Causation: The breach of duty directly caused your injuries.

• Damages: You suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Right-of-Way

As a pedestrian, you generally have the right-of-way in marked crosswalks and intersections. However, this does not absolve you from the responsibility to be attentive and avoid creating dangerous situations.

Comparative Negligence

Florida follows a comparative negligence rule, which means that if a pedestrian is found partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if you were a pedestrian jaywalking, you may be deemed partially responsible, and your compensation will be adjusted accordingly. If you are deemed 20% at fault, your total compensation will be reduced by 20%.

WHO CAN BE LIABLE IN A SEMINOLE COUNTY PEDESTRIAN ACCIDENT CLAIM

Depending on the circumstances of the accident, several parties could potentially be held liable, including:

• The driver: The most common scenario involves the vehicle driver being responsible for the pedestrian’s injuries due to negligence.

• The vehicle owner: In some cases, the vehicle owner may be held liable if they knowingly allowed someone unqualified or unfit to operate their vehicle.

• The city or county: If the accident resulted from poorly maintained sidewalks, crosswalks, or inadequate lighting on public property, the city or county responsible for maintaining those areas could be liable.

• Ride-sharing companies: If you were struck by a rideshare vehicle, such as Uber or Lyft while walking, the rideshare company and the driver might share liability depending on whether the driver was logged into the rideshare app and actively seeking passengers at the time of the accident.

WHAT TO DO AFTER A PEDESTRIAN ACCIDENT IN SEMINOLE COUNTY

If you are involved in a pedestrian accident in Lake Mary, Casselberry, Longwood, Winter Springs, or other Seminole County location, taking the following steps can help protect your rights and strengthen your case:

• Seek medical attention: Your health and safety are the top priority. Seek immediate medical attention for your injuries, even if they appear minor, as prompt treatment ensures they are documented and treated appropriately.

• Report the accident: Contact law enforcement to report the accident. An official police report will provide an objective account of the incident and serve as valuable evidence.

• Gather information: At the accident scene, collect as much information as possible, including the driver’s name, contact information, and insurance details, the vehicle’s make, model, and license plate number, the names and contact information of any witnesses, and photos of the accident scene, your injuries, and any property damage.

• Avoid making statements: Be cautious about what you say at the scene and to insurance adjusters. Do not admit fault or downplay your injuries, and stick to the facts when discussing the accident.

• Keep detailed records: Maintain thorough records of your medical treatment, expenses, and any correspondence related to the accident. This documentation will be essential for proving the extent of your injuries and calculating your damages.

• Consult a Lake Mary pedestrian accident lawyer: Contact an experienced pedestrian accident attorney in Lake Mary as soon as possible. We can help you understand your rights, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.

HOW A LAKE MARY PEDESTRIAN ACCIDENT ATTORNEY CAN HELP

The aftermath of a pedestrian accident can be overwhelming, leaving you physically injured, emotionally distressed, and struggling with mounting medical bills and lost income. A skilled Lake Mary pedestrian accident lawyer can be your powerful advocate throughout this challenging time. The skilled team at Chubb Law can provide invaluable assistance to individuals throughout Florida in several ways, including:

• Legal advice and guidance: We will explain the legal process, your rights, and the potential outcomes of your case. We will answer your questions and provide clear advice tailored to your situation.

• Investigation and evidence gathering: We will conduct a thorough investigation of the incident, gathering crucial evidence such as medical records, witness statements, traffic camera footage, and expert testimony. This comprehensive approach strengthens your case and improves your chances of securing a favorable outcome.

• Negotiation with insurance companies: Insurance companies often try to minimize payouts or deny claims. Our skilled pedestrian accident attorneys know how to negotiate effectively with insurers, increasing your likelihood of receiving fair compensation for your injuries and losses.

• Representation in court: We are prepared to take your case to court if we cannot reach a fair settlement through negotiation. We will represent you during the trial, presenting a compelling case to the judge or jury and advocating for your best interests.

• Calculation of damages: Determining the full extent of your damages can be challenging. We will help you calculate economic and non-economic damages, including past and future medical expenses, lost wages and loss of earning capacity, pain and suffering, emotional distress, rehabilitation and therapy costs, and property damage.

PURSUING COMPENSATION FOR SEMINOLE COUNTY PEDESTRIAN ACCIDENT INJURIES

Victims of pedestrian accidents in Lake Mary, Oviedo, Sanford, or other Seminole County locations may be entitled to various forms of compensation. These compensation types can be categorized into economic and non-economic damages.

Economic Damages

Economic damages are quantifiable monetary losses that can result from your pedestrian accident. These economic damages may include:

• Medical expenses: This includes emergency room visits, hospital stays, surgeries, medications, and any ongoing medical treatment.

• Lost wages: If your injuries prevent you from working, you can claim compensation for lost income during your recovery period.

• Loss of earning capacity: If your injury leads to a long-term or permanent disability that affects your ability to work, you can seek compensation for the reduction in your earning potential.

• Property damage: If your pedestrian accident damaged personal property, such as clothing or electronic devices, you can seek reimbursement for the repair or replacement costs.

• Rehabilitation and therapy: Costs for physical therapy, occupational therapy, and other rehabilitation necessary for your recovery can be compensated for.

Non-Economic Damages

Non-economic damages are more subjective and compensate for the intangible effects of your pedestrian accident. These non-economic damages may include:

• Pain and suffering: This is compensation for the physical pain and discomfort caused by your injuries.

• Emotional distress: This is compensation for psychological trauma, such as anxiety, depression, or PTSD, resulting from the accident.

• Loss of enjoyment of life: This is compensation for the impact of the injury on your ability to enjoy daily activities and hobbies.

• Loss of consortium: This is compensation for the impact of your injury on your relationship with your spouse or family members.

Wrongful death is another type of damage that may be obtained in a pedestrian accident claim. If a pedestrian accident tragically results in death, surviving family members might be able to file a wrongful death lawsuit to recover compensation for their loss. Our skilled pedestrian accident attorneys in Lake Mary can fight for maximum compensation for the injuries and other losses you have suffered in your pedestrian accident.

FACTORS INFLUENCING PEDESTRIAN ACCIDENT CLAIMS THROUGHOUT FLORIDA

Several factors can influence the outcome of your pedestrian accident claim, including:

• Severity of injuries: The severity of your injuries plays a significant role in determining the compensation you can receive. More severe injuries typically result in higher medical expenses, longer recovery times, and great emotional impact, all of which can increase the value of your claim.

• Liability: Establishing the driver’s liability is crucial for a successful legal claim. Clear evidence of the driver’s negligence, such as eyewitness testimony or traffic camera footage, can strengthen your case.

• Comparative negligence: As previously mentioned, Florida follows a comparative negligence rule, meaning that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you were crossing the street outside a crosswalk, you might be deemed partially responsible, and your compensation will be adjusted to reflect that liability.

• Evidence: Strong evidence, such as medical records, photographs, witness statements, and expert testimony, can significantly impact the outcome of your claim. The more compelling the evidence, the stronger your case will be.

• Insurance coverage: The driver’s insurance coverage can also affect the outcome of your claim. Many drivers carry liability insurance that covers pedestrian accidents, but coverage limits and exclusions can vary. A pedestrian accident attorney in Lake Mary can help you navigate these complexities and maximize your compensation.

COMMON DEFENSES IN PEDESTRIAN ACCIDENT CASES

Drivers and insurers may raise several defenses to avoid liability in pedestrian accident cases. Some common defenses include:

• Comparative negligence: The defense may argue that you were partially or fully at fault for the accident. This can include jaywalking, crossing against a traffic signal, or ignoring traffic.

• Sudden and unforeseen circumstances: The defense might claim that your actions were sudden and unforeseen, leaving the driver with no time to react and avoid the accident.

• Lack of duty: The defense may argue that the driver did not owe you a duty of care under the specific circumstances of the accident, such as if you were in a restricted area where pedestrians are not allowed.

STATUTE OF LIMITATIONS FOR PEDESTRIAN ACCIDENT CLAIMS IN FLORIDA

Florida’s statute of limitations for filing a pedestrian accident lawsuit is generally two years from the accident date. This means you must file your personal injury lawsuit within this time frame or risk losing your right to seek compensation. It is crucial to consult with a Lake Mary pedestrian accident lawyer as soon as possible to ensure you meet all legal deadlines and preserve your rights.

PREVENTING PEDESTRIAN ACCIDENTS

While our legal team focuses on legal recourse after a pedestrian accident, it is also important to consider prevention strategies to avoid such incidents, injuries, and future legal action. Here are some tips for preventing pedestrian accidents:

For Pedestrians

• Use crosswalks: Always cross streets at designated crosswalks or intersections.

• Obey traffic signals: Follow pedestrian signals and wait for the walk signal before crossing.

• Stay visible: Wear bright or reflective clothing, especially at night, and use a flashlight if necessary.

• Stay alert: Avoid distractions such as using your phone or wearing headphones while walking near traffic.

• Make eye contact: Make eye contact with drivers before crossing to ensure they see you.

For Drivers

• Be attentive: Always look for pedestrians, especially in high-traffic areas and near schools and residential neighborhoods.

• Yield to pedestrians: Yield the right-of-way to pedestrians at crosswalks and intersections.

• LAvoid distractions: Refrain from using your phone or other distracting activities while driving.

• Follow speed limits: Adhere to posted speed limits, especially in areas with high pedestrian traffic.

• Use extra caution in poor conditions: Slow down and be extra cautious in adverse weather conditions or low visibility.

CHOOSING THE RIGHT FLORIDA PEDESTRIAN ACCIDENT ATTORNEY

Selecting the right lawyer is critical in increasing the chances of a successful outcome in your pedestrian accident claim. Here are some factors to consider when choosing a pedestrian accident attorney in Lake Mary:

• Experience and expertise: Look for a lawyer with extensive experience handling pedestrian accident cases. Our team at Chubb Law has a proven track record of successfully representing clients in similar cases and securing favorable outcomes, with millions recovered for our clients.

• Reputation: Research the attorney’s representation within the legal community and among past clients. At Chubb Law, we have positive reviews and testimonials highlighting our professionalism, communication skills, and dedication to client success.

• Personal attention: Choose an attorney who will give your case personalized attention. Mitch and Chris are accessible, responsive, and willing to take the time to understand your unique circumstances and needs.

• Resources: Ensure the lawyer has the necessary resources to thoroughly investigate your case, gather evidence, and consult with experts. Our well-equipped law firm can significantly enhance the strength of your case.

• Contingency fees: Our personal injury attorneys work on a contingency fee basis, meaning we only get paid if you win your case. This arrangement can make legal representation more accessible and ensure our team is motivated to secure your best possible outcome.

CONTACT CHUBB LAW TODAY TO DISCUSS YOUR PEDESTRIAN ACCIDENT

Pedestrian accidents can have severe and lasting consequences, but victims have legal options to seek justice and compensation. Our skilled Lake Mary pedestrian accident attorneys can provide the expertise and support needed to navigate the complexities of your case and pursue a favorable outcome. If you or a loved one has been involved in a pedestrian accident in Seminole County or another area in Florida, do not wait to seek legal assistance.

With the right legal representation, you can hold the responsible parties accountable and secure the compensation you deserve for your injuries and losses. By taking prompt action and following the steps outlined above, you can strengthen your case and improve your chances of a successful recovery. Contact our personal injury team at Chubb Law today to schedule a free case evaluation and learn how we can help you fight for compensation for your pedestrian accident injuries.