Whether you are crossing a street, walking through residential neighborhoods, or visiting local parks and businesses, you expect drivers to watch for pedestrians. If a motor vehicle struck you and caused an injury, understanding your legal rights is an important step toward protecting your financial future.
Even low-speed accidents can lead to broken bones, permanent disabilities, or lengthy rehabilitation. Medical bills, lost income, and ongoing treatment can become challenging. A Coral Gables pedestrian accident lawyer will help you identify responsible parties and pursue compensation for your injuries. Our personal injury attorneys at Kaire & Heffernan help you make informed decisions about your legal claim while you focus on your recovery.
State law establishes duties for motorists and pedestrians. Under Florida Statutes § 316.130, drivers must exercise due care to avoid colliding with pedestrians and take reasonable precautions around them. Drivers must remain attentive, obey traffic signals, and yield when required to avoid placing pedestrians at unnecessary risk. Pedestrians must also follow traffic control devices and use designated crosswalks. Even when questions arise about a pedestrian’s actions, drivers must operate their vehicles with reasonable care.
Common causes of pedestrian accidents include:
Weather conditions and roadway design may also contribute to accidents. In some situations, liability extends beyond the driver. Government agencies responsible for road maintenance, construction contractors, or businesses that operate commercial vehicles may share responsibility when hazardous conditions or negligent conduct contribute to an accident. Working with a pedestrian injury attorney in Coral Gables to identify potentially liable parties is important for building a strong claim.
Most pedestrian accident claims involve negligence. To recover compensation, you must establish that another party owed you a duty of care and breached that duty, causing you injuries resulting in measurable damages. Evidence includes:
The state follows a modified comparative negligence rule under Fla. Stat. § 768.81 for determining your level of responsibility. Your percentage of fault may reduce your financial recovery, and if a court determines that you are more than 50 percent responsible, you generally cannot recover damages in ordinary negligence claims. Because parties can dispute fault, our Coral Gables lawyers will carefully investigate and document your pedestrian collision claim to support your case.
The financial impact of a pedestrian accident extends beyond emergency medical treatment. Depending on the facts of your case, compensation may include hospital expenses, physician visits, surgeries, rehabilitation, and prescription medications. It may also cover future medical care, lost wages, diminished earning capacity, and other out-of-pocket costs related to your injuries. Florida law permits injured individuals to pursue compensation for non-economic damages, including pain and suffering, emotional distress, and permanent physical impairment. Compensation may also account for the impact of your injuries on your quality of life.
Our Coral Gables attorneys will calculate your current and future damages to ensure your pedestrian accident claim includes all foreseeable long-term costs. Insurance companies frequently attempt to minimize payouts by disputing liability or questioning the severity of injuries. Strong legal representation will help you present your evidence and seek compensation for the full extent of your recoverable financial and personal losses.
The impact of traffic-related pedestrian injuries extends beyond the scene of the accident. Mounting medical bills and time away from work become your new focus, as do physical pain, stress, and recovery efforts.
A Coral Gables pedestrian accident lawyer at Kaire & Heffernan will fight for your right to fair compensation so you can return to the life you love. Call us today for your free consultation.
(305) 876-6001