Florida’s year-round sunshine and beautiful weather draw many visitors and residents alike outside throughout the year. While it is important for people to enjoy healthy outdoor activities and exercise, being outside also increases the risks of accidents for people who are walking, jogging and shopping outdoors. Each year in Stuart, Gainesville, and throughout Florida, a number of pedestrians are seriously injured or killed in accidents involving motor vehicles. If you or your loved one has been involved in a pedestrian accident with a motorist, contact The Eberst Law Firm, P.A. for help and to learn about your rights.
Negligence in pedestrian accidents
Most pedestrian accident claims in Florida are brought under a theory of negligence. Negligence involves a failure to use the type of care that a reasonably prudent, similarly situated person in a similar circumstance would use. In order to prove that negligence occurred, you must be able to show four different elements, including that there was a duty, that the duty was breached, that the breach caused the injury accident and that you suffered harm as a result.
All drivers owe a duty to exercise reasonable care and caution while they drive. This duty may be breached in any number of ways, including reckless driving, inattentive or distracted driving, texting, speeding, impaired driving and others. Many pedestrian accidents in Florida happen in crosswalks when drivers fail to slow or to notice pedestrians who are crossing the roadways in them. When the duty of care is breached by a motorist and that breach directly causes the resulting accident, the damages that might be recoverable are the economic and noneconomic losses that the pedestrian suffered as a result of the breach and ensuing collision. The Eberst Law Firm, P.A. understands the elements of negligence and the type of evidence that is needed in order to prove all of the required elements in their clients’ cases.
Additionally, it is important to thoroughly investigate a claim and prove the driver’s liability in cases in which the drivers are disputing liability. It is common for defense attorneys to try to claim that the pedestrians were at fault in their own accidents rather than the drivers. The attorneys at The Eberst Law Firm, P.A. are familiar with the most common defense arguments and strategies that are used and work to anticipate the potential issues that might be raised.
Pedestrians are much likelier to suffer serious and permanent injuries when they are struck by motor vehicles. They may suffer fractures, permanent scarring, spinal cord injuries, loss of limbs and deaths. The damages that may be available will depend on the circumstances of an individual case and the severity of the losses and injuries. In general, damages may include the following:
- Past and future medical expenses
- Lost earnings
- Reduction in the capacity to earn a living
- Permanent disfigurement damages
- Pain and suffering
- Loss of the ability to enjoy life
The spouses of accident victims may also be able to recover damages for the losses of the consortium that they have suffered. Your experienced attorneys at The Eberst Law Firm, P.A. will fight aggressively on your behalf to recover the damages that you deserve so that you can be fairly compensated for the losses that you have suffered because of your accident.
Contact an experienced injury lawyer
If you have suffered injuries or your loved one has died as a result of being struck by a car, you may need legal help. An experienced personal injury attorney at The Eberst Law Firm, P.A. will advocate on your behalf in an effort to recover the maximum amount of damages for you. Contact us today to learn more about the rights that you might have in your case.