Pedestrian Accident Injuries
All motor vehicle collisions have the potential to cause serious injuries. However, pedestrian accidents tend to result in the most severe. If you or a loved one were the victim of a pedestrian accident in Miami then you need experienced lawyers to evaluate your legal claim. Over the last 50 years, the law firm of Gerson & Schwartz, PA has represented Miami pedestrian accident victims in nearly every type accident scenario. From initial intake through trial preparation, we know what to do. In many of our pedestrian injury cases, our law firm retains leading experts in various medical, accident reconstruction, and other technical specialties to prove our client's cases in the courtroom.Pedestrian Accidents Statistics
Pedestrians are among those referred to by traffic safety experts as "vulnerable road users." This is because they are poorly protected in transit. Whereas those traveling in motor vehicles are still certainly at risk of bodily injury, accidents involving pedestrians suffer the higher rates of serious injury and death.
According to the U.S. Centers for Disease Control and Prevention (CDC), pedestrians are 1.5 times more likely to be killed in a car crash per trip than those occupying passenger vehicles. More than 4,700 pedestrians die every year in crashes which amounts to one crash-related pedestrian death every two hours.
Miami, Florida has one of the highest rates of injuries to pedestrians in the country, owing to our wide roads, high speed limits, construction sites and hazards on roadways. Criminal penalties may also apply for pedestrians injured by motor vehicles. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports in one recent year there were an estimated:
- 9,100 pedestrian crashes
- 630 pedestrian fatalities
- 7,870 pedestrian injuries
A Dangerous by Design analysis of pedestrian injury rates nationally revealed eight of the top 10 metro areas ranked for pedestrian danger index were in Florida. No. 11 was the Miami-Fort Lauderdale-West Palm Beach region. Florida has been the most dangerous state for walking since Smart Growth America began tracking the problem in 2009. Incidents are becoming increasingly common as drivers are more distracted and excessive speed tends to be an ongoing issue.
Our pedestrian accident attorneys serve clients seriously injured due to negligent, careless and reckless acts of others in Miami, Florida. We know what to do. Common pedestrian accident injuries in Miami, Florida our law firm has become accustomed to representing clients include:
- Drunk Driving Pedestrian Accidents
- Distracted Driving Accidents/Texting and Driving Accidents
- DUI Pedestrian Accidents
- Pedestrian Accidents due to Poor Roadway Design
- Hit and Runs
- Failing to Yield
Pedestrians also tend to be at higher risk of hit-and-run accidents, according to the National Highway Traffic Safety Administration, accounting for 1 in 5 victims. That can delay emergency responders and emergency treatment. We also know children and the elderly tend to suffer the most catastrophic injuries and in some cases some accidents are fatal.
While many factors come into play, there are general injury patterns more common to pedestrians than those in cars or trucks. One study published by doctors at Yale School of Medicine and the University of California Irvine revealed emergency physicians' observations of injury patterns in accidents with pedestrians. Common pedestrian accident injury claims in Miami, Florida may arise from:
- Traumatic Head and Brain Injuries
- Wrongful Death
- Orthopedic Injuries to lumbar spine, cervical and thoracic spine
- Neurological Injuries
- Fractures requiring surgical repair
- Scarring and Disfigurement
- Lower leg injuries
- Upper body injuries
- Head injuries
- Spinal Cord Injuries
- Road Rash
- Pedestrian Accident Fatalities
When a pedestrian made a hard impact with the ground, it usually involved trauma to the head (traumatic brain injuries) legs (particularly the knees) and pelvis (hip fractures). Spinal injuries and musculoskeletal injuries were also common, particularly among older adults. Children were most likely to suffer traumatic brain injuries, as well as chest and abdominal injuries.
Our Pedestrian accident lawyers serve clients that suffer serious and catastrophic injuries in Miami, Fort Lauderdale, West Palm Beach, Coral Gables, and other areas in South Florida. We can help explain the different legal issues that may arise for recovering damages from negligent drivers and others that may be responsible under Florida law.
Recovering Damages for Injuries in Pedestrian Accident Crash Cases in Miami, Florida
Most personal injury claims are based on legal principles of negligence. Negligence is the failure to use the care that another person would have used under like circumstances. Pedestrian accident lawsuits are won by proving that someone was negligent, careless or reckless. Negligence however, is a specific legal claim and is proven by establishing that a person owed a legal duty to another, breached their duty, and because of their breach caused injuries. Running a stop sign is basic example. Less obvious examples would be not paying attention to the road or failing to yield to another motorist that has the right of way.
Money damages are used to compensate negligence victims and in some cases family members. Breach of a legal duty is established by showing someone failed to do something that a reasonably careful person would do, or did something that a reasonably careful person would not do. Violations of various motor vehicle laws, rules, corporate policies, procedures, state or federal regulations, even industry standards can be used in the court of law to establish legal responsibility under the civil justice system.
Damages you can recover in personal injury lawsuits involving pedestrians vary from cases to case. If you live, work, or reside in Miami, Florida and were injured contact a Miami personal injury law firm in Miami, Fl. with experience handling pedestrian accident claims.
Under Florida law, damages that may be awarded for negligence claims and accidents involving pedestrian include:
- Medical bills and hospital related expenses
- Wage loss
- Loss of earning capacity
- Scarring and disfigurement
- Vocational rehabilitation services
- Pain and suffering
- Psychological and emotional harm
- Scarring and disfigurement
- Loss of bodily function
- Loss of the ability to lead a normal life enjoyment
- Loss of financial support and services
If you are a pedestrian struck by a motor vehicle, you should seek legal advice from a personal injury lawyer in Miami, Florida. As our pedestrian injury lawyers in Miami can explain, most serious injuries to pedestrians are directly caused by driver negligence. Some examples of violations of the law that are often cited in a collision with a pedestrian are found under:
- Florida Statute 316.123, Vehicle entering stop or yield intersection. Failure to yield or stop is a frequently-denoted cause of accidents involving pedestrians.
- Florida Statute 316.062, duty to give information and render aid. Failure of motorists to immediately stop and call for help after striking a pedestrian can delay medical attention, further exacerbating injuries.