Pedestrians struck by vehicles while walking or standing on a road are entitled to legal compensation. Pedestrian accidents occur due to inattentive or pre-occupied drivers. Drivers of motor vehicles have a duty to exercise due care to avoid colliding with any pedestrian and to give warning when necessary. Drivers of motor vehicles also have a duty to exercise proper precaution upon observing any child or any obviously confused or incapacitated person on or near the roadway. They also must signal while turning, observe posted speed limits, and refrain from driving under the influence of drugs or alcohol. Drivers have a duty of “reasonable care under the circumstances” and must adhere to the rules of the road.
If you are involved in a pedestrian accident due to a motor vehicle driver’s failure to use reasonable care, or by their failure to follow the rules of the road, you are entitled to damages. In Florida, an injured pedestrian may recover damages for any bodily injury sustained by the pedestrian and any resulting pain and suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, past and future medical expenses, and past and future wage loss. If the motor vehicle driver’s conduct is extreme, punitive damages may be awarded.
If a pedestrian dies after an accident, his or her survivors may be entitled to compensation for their loss that resulted from the death. Pursuant to Florida’s Wrongful Death Statute, damages include the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death. A surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Medical or funeral expenses due to the decedent’s injury or death may also be recovered by a survivor who has paid them.
Insurance companies and defense attorneys often use a comparative negligence defense to try to limit damages in a pedestrian accident. In other words, the insurance companies often blame the pedestrian for getting hit by the car. However, our experienced legal team will investigate the accident to determine fault. Some of the driving errors we have seen in cases involving pedestrian accidents include speeding, failure to yield, aggressive driving, text messaging and phone use while driving, and drunk driving.