Pedestrian Accidents Can Be Serious in Any Situation
Posted by: DFX on Aug 12, 2017
Many people believe that pedestrian accidents are only serious when the driver is going 40 miles over the speed limit or is otherwise acting recklessly. The reality is that a driver could be going ten miles an hour and significantly disable a person. If you’ve been in a pedestrian accident then we urge you to reach out to the Florida Accident Lawyers to find out what your options are.
Florida drivers are under legal obligations
In Florida, any driver on the road must legally exercise care any time they drive. This means that they must keep an eye out for hazards including pedestrians. If you have been injured by a vehicle when you were a pedestrian, then you may be eligible for compensation for medical costs, missed work, and other damages. If you lost a family member due to a pedestrian accident, then you may have a wrongful death case.
There are many causes of pedestrian accidents
It’s common for an insurance company to claim that the pedestrian was actually negligent for the accident in which they were injured. They do this in an effort to reduce the damages they’re responsible for – or to completely do away with them. When you work with Gilbert and Smallman, we will thoroughly investigate the accident to determine what the cause was.
Some of the most common driving errors that lead to pedestrian accidents include speeding, driving aggressively, not driving correctly based on the weather or other inclement circumstances, and driving while distracted. Not driving correctly means that the driver is not driving in such a way that they’d have enough time to react if they see a pedestrian. Factors that can affect this include their speed, the visibility, traffic, the time of day, and weather.
When there’s a child or incapacitated adult, motorists have even more duties. If they see someone of this description on the road, then they are required by law to slow down and to yield. The only exception to this is if the person in question ran out into the street in a way that the driver could not have possibly stopped.
Any accident is tragic but when a pedestrian is hit it can be even more difficult to deal with. Pedestrians have no protection and they often have no control over being hit. If you’ve suffered this type of injury, reach out to Gilbert & Smallman for a free legal consultation.