Consequences for Hitting a Pedestrian with an Automobile in Florida
Pedestrian strikes are more common in the state of Florida than one may assume. According to Smart Growth America, Florida has one of the highest rates of pedestrian-automobile collisions in the country. These accidents tend to occur more often at night and during inclement weather due to a lack of visibility, and more often in cities than rural or suburban areas. When an automobile strikes a pedestrian, the consequences vary on a case-by-case basis, so the most important actions to take subsequent to this type of accident are retaining medical records and contacting an experienced personal injury lawyer as soon as possible.
Florida Law on Hitting a Pedestrian with an Automobile
In order to determine whether or not there was negligence on the part of the driver, all traffic control devices at the scene must be dictated. These devices include traffic signals and crosswalks with which pedestrians must remain in compliance. Unfortunately, determining whether or not a pedestrian did not abide by these rules is difficult to prove, which is why an experienced attorney must be consulted at the earliest opportunity.
When a pedestrian is hit with an automobile, there is potential for serious injuries from broken bones to brain trauma. If an injury occurs, the injured party may be eligible for damages. The compensation for a pedestrian hit by a car in Florida is determined by the pure comparative negligence standard. This statute considers the percentage of fault that each party had during the collision. For instance, if a driver hit a pedestrian but the pedestrian was jaywalking, a jury would conclude how much each party contributed to the accident. Then each party would collect their respective percentage of the damages.
Personal Injury Attorneys in Miami
As previously emphasized, the most important step to take after a pedestrian strike incident and once medical treatment is received is to contact an experienced attorney right away. If possible, save photographs of the incident’s location and any relevant stop signs, yield signs, or speed limit signs may be able to strengthen a case as well. In the case of a pedestrian collision, many of the laws regarding fault are entirely circumstantial and must be analyzed by a personal injury attorney to determine the best course of action regarding a lawsuit. At The Saade Law Firm, P.A., our experienced personal injury attorneys are experts in handling individual cases of traffic law and provide legal advice and support on how the collision should be filed. With ethics and integrity at the core of our operations, we strive to achieve a fair result and are determined to ensure any harmed parties receive the damages they deserve. For anyone recently involved in a pedestrian and automobile collision, contact our Miami-based personal injury attorneys today to learn more about your options: 786-633-1214.