Delray Beach Pedestrian Accident Lawyer
Florida has beautiful weather for most of the year, and as such, there are quite a lot of people on the road most of the time. Because of this, accidents do happen, especially involving pedestrians. Florida has one of the highest rates of pedestrian accidents in the United States, in fact – which is a major reason why anyone who likes to go walking in most Florida cities should be aware of their options if they are injured by someone else’s negligence in driving their vehicle. Our Delray Beach pedestrian accident lawyers can help answer any questions you may have about how best to proceed if you or your loved one has been hurt.
Florida Is Dangerous For Pedestrians
Florida metro areas are notoriously unsafe for pedestrians. Recent preliminary data released by the Governors Highway Safety Association (GHSA) shows the Sunshine State as the second worst in the nation for pedestrian safety, slipping to fifth when figures are adjusted for population. Florida, Texas, California, Arizona and New York accounted for almost half of all ‘walking’ deaths in 2017.
There are multiple potential causes for these kinds of accidents, and many have to do with Florida’s population – more elderly drivers than most, as well as arguably more pedestrians out enjoying the weather, can lead to problems. Distracted driving is one of the most common causes of auto accidents, as well as substance abuse and in the case of Florida, poor city planning. Miami, as reported in the New Times, is optimized almost solely for automobiles, with few sidewalks in residential areas and poor lighting.
How To Seek Compensation
The overwhelming majority of pedestrian accidents are considered negligence cases, or wrongful death cases if the person is killed. In order to succeed in a Florida negligence case, four criteria have to be shown in court. One must show: (1) that a duty of reasonable care exists between motorist and pedestrian; (2) that the duty of reasonable care was breached; (3) that the breach was directly due to the defendant’s conduct; and (4) that the breach of the duty caused tangible harm to the plaintiff (tangible meaning lasting longer than just minutes or days – for example, cuts and bruises are not enough, but broken bones would likely be).
It is important to keep in mind that while drivers must obviously obey the rules of the road, pedestrians do also have laws concerning their conduct that they must abide by. For instance, pedestrians are required to cross in marked crosswalks and obey traffic signals, as well as orders from police officers. Failure to do so can undermine their case for negligence, because then it can be shown that a reasonable person might have determined the pedestrian was at least partly liable. While Florida law does not totally bar recovery after a certain percentage of fault, it does mean that if a pedestrian is too much at fault, no real compensation will be forthcoming.
Contact An Experienced Pedestrian Accident Lawyer For Help
Pedestrians in Florida need to look out for themselves, but even if they do not, being hit by a car is not something one should simply accept. If you have been harmed due to an auto-pedestrian accident, calling Leifer & Ramirez in Delray Beach should be your first step. Our pedestrian accident lawyers can help answer any questions you may have about how best to proceed from here. Call today to schedule a free consultation.
