Taking a walk can be excellent for your health. But, unfortunately, due to the negligence of Florida motorists, it could end very badly. If you or someone you care about has been in a pedestrian accident, you understand how quickly life can change.
Contact a Florida Pedestrian Accident Attorney as soon as possible to help you file a claim to seek compensation for the expenses you incurred due to the accident. We understand that medical expenses and lost wages can make life even more difficult than it is when you are dealing with the pain of your injuries.
Reach out to the pedestrian accident lawyers at Howell & Thornhill P.A. to set up a free consultation. Our job is to ensure that your rights are protected and that you receive the maximum compensation possible for the damages you sustained.
Why Choose Howell & Thornhill to Handle Your Florida Pedestrian Accident Case
- Our firm is based in the communities that we serve. Our attorneys are familiar with the people and the communities because they are part of them, giving us insight into the area, as well as familiarity with the state and local laws that affect our clients.
- We pride ourselves on the communication we have with our clients. You can expect answers to your questions and the information it takes to make informed choices through the duration of your claim.
- We have six locations to serve you. But when circumstances dictate that we come to you, we are happy to visit the hospital, your home, office, or whatever is most convenient for you.
- At Howell & Thornhill, P.A., we are confident that our team and the resources at our disposal will give you an advantage. Our staff has five attorneys, a registered nurse (RN), and an investigator.
- You should not worry about paying your legal fees. We work on a contingency basis, meaning our fees are a percentage of your winnings. We will not get paid unless you do.
After a pedestrian accident, your focus should be on healing from your injuries and the emotional toll the accident has taken on you. We are here to handle the communication, filing claims, and all of the legal matters associated with your case so that you can focus on healing. Rest assured that your rights will be protected and that we will ensure that you understand the particulars of your case, and that we will ask you to weigh in as necessary while doing our best not to overwhelm you while you recuperate.
Common Causes of Pedestrian Accidents in Florida
Taking a walk in the Florida sunshine is one of the nicest things about living in a state with a climate such as ours. Pedestrian safety can often be overlooked and can typically be caused by a negligent motorist. Listed below are some of the common reasons for pedestrian accidents in Florida:
Driving While Distracted
One of the biggest dangers on the road for motor vehicles and for those on foot is the distracted driver. Life is busy, and a lot of sensory input is always flooding in. Drivers can be distracted by their telephones, texting, social media, GPS, answering phone calls, and even taking photos.
They sometimes eat and drink, take care of their children, talk to their passengers, and play with their radio. There are so many distractions that make it easy for a driver who is not paying close attention to the road to make a mistake and hurt a walker.
Left-Hand Turns
Cars making left-hand turns are four times more likely to hit a pedestrian than a vehicle making a right-hand turn. This is because the driver turning left is watching for oncoming cars before they turn, and they fail to remember to look for those on foot.
Unmarked Crosswalks
Intersections typically have lines, but there is not always a designated crosswalk marked. The lack of crosswalk signage and markings can mean drivers ignore the possibility that pedestrians might be crossing. This makes crossing at an intersection even more threatening to pedestrians. Our firm has handled a trial involving this issue on Edgewood Drive in Lakeland, Florida, in the past.
Driving While Impaired
Drivers who are impaired are a hazard to everyone they come into contact with, especially those who are unprotected by airbags and seatbelts, or at least helmets and protective gear. Walkers are offered no protection from an intoxicated driver.
Drinking and driving or using drugs, prescription or illegal, causes the driver to have less control over their vehicle due to their limited response time. This causes an elevated risk to everyone near them, but most especially those on foot.
Exceeding the Speed Limit
Cars that are driving too fast are not allowed the reaction time to respond when they see a pedestrian. The potential for a life-altering injury for the pedestrian increases with the speed of the oncoming vehicle. Drivers operating too fast for the conditions or breaking the speed limit endanger those around them unnecessarily.
Rolling Stops
When there is a stop sign or traffic light, drivers are obligated to come to a full stop. However, many drivers roll to the stop sign and go straight through, barely glancing around for people who are walking. This is yet another hazard for walkers.
Inexperienced Drivers
Drivers who have not had a lot of time behind the wheel have not become accustomed to looking for pedestrians in the areas they would most likely be. They are unlikely to look for foot traffic or to have a sense of how they should respond to it.
Faulty Traffic Signals
A pedestrian accident may not be the fault of the motorist if the traffic light was improperly installed or had a defect. Drivers and walkers depend on traffic signals to instruct them on what to do. If the traffic signal is faulty, this can end tragically for the pedestrian involved.
Not Slowing Down in School Zones
School zones are often full of pedestrian traffic, mostly children. By failing to adjust their speed, a driver can make what should be a safe place for children and adults alike a dangerous place. All traffic signs and signals must be followed to keep citizens safe, but there is an extra level of care that most practice in school zones.
Ignoring Traffic Laws
Making illegal u-turns, not following the instructions posted on traffic signs or ignoring traffic lights, driving above the speed limits, failing to yield, and switching lanes erratically, can all end tragically for a person who is simply taking a walk to get where they are going. It is imperative that those operating motor vehicles look out for walkers in order not to hurt them or end their lives.
Driving While Drowsy
Fatigued drivers are thought to be as dangerous as those who are impaired. They lack the cognitive ability to react to situations or not to drift and weave as sleep overtakes them.
Often, these are employees getting to early morning jobs or leaving after long hours. The lack of rest makes them a danger to pedestrians.
Backup Accidents
Pedestrians are often hit by cars that are backing up. These accidents commonly happen in parking lots or in driveways. While backup cameras are fairly standard, there are still cars without them, and there will always be drivers who ignore the safety features.
If a driver backs up without paying attention and there is a pedestrian nearby, they stand a good chance of being injured by the automobile’s impact or by being knocked to the ground and run over by it.
Pedestrian Accidents Due to Multiple Threats
Multiple threat accidents occur when a pedestrian is going to cross an intersection with multiple lanes. One car may stop to let them pass, but the other vehicles in the next lanes do not notice the pedestrian since the other stopped car is blocking their line of sight.
Bus Accidents
When boarding or disembarking from a bus, pedestrian accidents often happen. This happens, most often, when drivers fail to follow the instructions to stop for the bus. Children especially fall victim to bus accidents when drivers do not obey the stop sign and wait on the bus to signal to traffic that it is okay to move again.
Trapped Pedestrians
When at an intersection, pedestrians walk when they are signaled to walk by the traffic signal. If they are partially across the intersection when the light is instructing them not to walk turns on, they may find themselves trapped in the crosswalk. Since drivers have the green light, they may not carefully scan the intersection for walkers and could hit a pedestrian.
No matter how a pedestrian accident occurs, if you are involved in one, you should contact Howell & Thornhill, P.A., to speak with a Florida pedestrian accident lawyer as soon as possible.
Injuries Most Often Sustained Due to a Florida Pedestrian Accident
Those who are victims of a bike accident in Florida may suffer life-changing injuries. Sometimes, pedestrian accidents even end in tragedy. It is horrific that a person who just wanted to take a walk can end up disabled, suffering painful injuries, and being made to go through painful rehabilitation, surgeries, or procedures. A pedestrian accident attorney in Florida can help recover financial compensation for the injuries sustained by the injured victim.
Some of the most common injuries sustained by pedestrians are listed here:
Head Injuries
A person taking a walk has no protection for their head or any other part of their body. When the walker is unfortunate enough to encounter a car, it could sustain a minor injury or be much more substantial.
Traumatic Brain Injury (TBI)
Pedestrians who sustain head injuries could have a TBI. These traumatic brain injuries could be something like a concussion, or it could be something as serious as permanent brain damage. Traumatic brain injuries (TBIs) may be accompanied by symptoms such as the following:
- Memory loss
- Sensitivity to light
- Nausea and vomiting
- Mood swings
- Interrupted bodily functions
- Permanent mental and emotional changes
- Loss of consciousness
- Headaches
- Fatigue
- Loss of coordination
- Struggling to concentrate
- Clear fluid leaking from the ear
- Difficulty with speech
- Problems sleeping
- Dizziness
- Sensitivity to sound
- Anxiety and depression
Facial Injuries and Disfigurement
Often, after a pedestrian accident, the walker can sustain injuries and damage to their face. Commonly seen injuries are lost or broken teeth, road rash, scarring and disfigurement, broken eye sockets, damage to the eyes, broken jaws, and broken noses.
Soft Tissue Damage
Most of the time, after a pedestrian accident, the person walking will at least suffer soft tissue damage. This can be painful and difficult to manage. It might include the following:
- Contusions
- Lacerations
- Strains, sprains, and tears
- Dislocations
- Scarring and disfigurement
Soft tissue damaging injuries can leave the victim of a pedestrian accident suffering for a long time with intense pain and other consequences.
Fractured Bones
Pedestrians, as mentioned earlier, are not equipped with protective gear. So, they often face broken bones after a pedestrian accident. These fractures might be of their hands and wrists, specifically if they tried to catch themselves upon impact.
Pedestrians also sustain broken shoulders, arms, legs, backs, and necks. Compound fractures can lead to more complicated injuries. At times, the bones will puncture the skin, causing injuries that may result in terrible pain and challenges in the future.
Crush Injuries
When pedestrians are run over, they may suffer from crush injuries. These can break bones, damage nerves, cause compartment syndrome, tissue damage, and damage to bones, nerves, muscle, and tissue.
Back and Neck Injuries
Pedestrian accidents can lead to severe back and neck injuries. Some injuries that they may sustain are paralysis, herniated discs, whiplash, and a broken back or neck. These can lead to life-long difficulties and sometimes long-term care.
Internal Damage
Walkers are offered no protection from those operating a motor vehicle. An impact with a car can cause substantial damage. Internal damage must be ruled out by a medical professional, even if the accident victim does not believe they have sustained any injuries.
They could have punctured a lung or might be experiencing internal bleeding. This type of damage could lead to a more serious injury. Be sure and see a doctor promptly after a pedestrian accident.
Amputation
A particularly difficult injury that a pedestrian may face is the loss of a limb. This can happen when the injury to the limb is so severe that it cannot be saved. When this happens, the accident victim may be fitted for a prosthetic limb, and they will inevitably undergo therapy to learn to use it properly.
Wrongful Death
If a person is killed when taking a walk, and it is the fault of a negligent motorist, then the accident could be considered a wrongful death. The family of the victim might be entitled to receive compensation for their loss. Speak to a pedestrian attorney in Florida about the specific circumstances surrounding your case.
Determining Liability
Medical bills are often covered partially by Personal Injury Protection (PIP) on an automobile insurance policy. Still, if this policy’s limits are not enough to cover the pedestrian’s claim, the insurer handling the claim might point the finger at the pedestrian to put some of the blame on them.
This is why you should call one of the skilled pedestrian accident lawyers with Howell & Thornhill, P.A. They will work to thwart the claims that you contributed to your own injuries and will fight so that the negligent parties resolve your claim with the maximum compensation you are due.
Demonstrating Negligence Following a Pedestrian Accident
If your case goes to court, there are four elements that your Florida pedestrian accident lawyer will need to demonstrate in order to prove that someone else’s negligent behavior caused your accident. These are as follows:
- Duty of Care: You must prove that the driver who hit you or caused the accident was responsible for obeying the law and watching out for people on foot while they were driving.
- Breached Duty of Care: It must be shown that the driver broke the law or did not exercise the amount of care that would have been expected of them. This could mean they were distracted, impaired, or breaking traffic laws.
- Causation: Your attorney will present the evidence that your injuries were caused because of the driver’s actions. The driver may have been reckless or negligent, but it must be shown that this negligence resulted in your injuries.
- Proof of Economic Damages: If you were a victim of a pedestrian accident and are pursuing a claim, you must prove that your injuries cost you financially, such as by way of medical costs, disability, lost wages, or other financial losses.
Pursuing Damages
If you were the victim of a pedestrian accident, you may be entitled to financial compensation. Your pedestrian accident lawyer can help you determine what you are owed. It might consist of the following:
- Medical costs
- Pain and suffering
- Lost wages
- Loss of enjoyment of life
- Home alterations
- Rehabilitation and therapy costs
- Mobility devices
- Disability
This is not a complete list. The experienced attorneys at Howell & Thornhill, P.A., will review your case and help you determine the maximum settlement you are entitled to receive.
Contact Us Today
If you or someone you love has been hurt or killed in a pedestrian accident in Florida, reach out to Howell & Thornhill, P.A., today. Our talented team will make sure that your rights are protected throughout the process. We will fight tirelessly to pursue the financial compensation you should recover for the damages you sustained.
