Brandon Pedestrian Accident Lawyer

The climate and lifestyle in Florida are conducive to socializing, relaxing and exercising outside year-round. Walking from place to place or just casually strolling around Brandon is not unusual for residents and tourists alike.

Sadly, however, this seemingly harmless activity results in a significant number of pedestrian accidents each year. In fact, Florida consistently has more pedestrian accidents than any other state in the U.S., with 5,433 pedestrian fatalities reported between 2008 and 2017. Last year, in the Brandon and Tampa area alone, there were 640 pedestrian crashes and 57 fatalities.

What is really tragic is that many of these fatalities and other injury accidents would not have occurred had the individuals driving cars, trucks and buses followed Florida’s traffic safety laws. Undoubtedly, these negligent drivers should be held accountable for the injuries and suffering their negligence or wrongful conduct has caused.

If you or a loved one has been injured in a pedestrian accident caused at least partially by someone driving a motor vehicle, you may be able to hold the driver liable and obtain compensation for your injuries. An experienced Brandon pedestrian accident attorney can help you get the justice you deserve. The attorneys of Dennis Hernandez & Associates have helped many pedestrian accident victims and their families throughout Florida and want to help you get the justice and full compensated you deserve.

What Causes Pedestrian Accidents in the Brandon Area?

The National Highway Traffic Safety Administration (NHTSA) reports that nearly 500 pedestrians are killed and more than 7,000 others are injured each year in pedestrian accidents in Florida. These collisions are typically called “pedestrian accidents”; however, most of them are not really pedestrian accidents at all, since they are mainly caused by people driving cars, trucks or buses.

Brandon area accidents involving pedestrians can usually be attributed to motor vehicle safety violations, such as:

• Failing to yield to a pedestrian in a crosswalk
• Failing to come to a complete stop at a traffic light or sign
• Speeding
• Driving while under the influence of drugs or alcohol
• Texting while driving or other distractions

Motor vehicle safety experts actually recommend these safety guidelines to avoid colliding with a pedestrian:

• Never driving while intoxicated or under the influence of drugs.
• Driving very slowly when turning or driving through a crosswalk.
• Always being on the look-out for pedestrians.
• Always yielding to pedestrians in crosswalks.
• Being especially cautious when it’s hard to see your surroundings, such as during bad weather or at night.
• Always following speed limits, especially in residential areas.
• Being extra cautious when backing up.

Who Is at Fault in a Brandon Pedestrian Accident?

In Florida, motorists and pedestrians are both responsible for following the state’s safety laws when using the roadways. Therefore, either one or both can be held legally liable for a pedestrian accident. Because Florida is a comparative fault state, an injured pedestrian may be entitled to some compensation even if he/she was partially responsible for the accident.

In many cases, the at fault party is clear. Under Florida law, for example, a motor vehicle driver is obligated to yield to a pedestrian in a crosswalk once the pedestrian has stepped into the roadway even when there are no crossing signals. If a driver does not yield and hits a pedestrian in a crosswalk, the driver is at fault. On the other hand, when an intersection does not have a designated crosswalk, pedestrians must yield to motor vehicles. In this case, if the pedestrian doesn’t yield and is hit, he or she is at least partially at fault for the accident.

What Compensation Is Available for Victims of Brandon Pedestrian Accidents?

If you have been injured by a motor vehicle while on foot, you could be entitled to compensation for your injuries, including physical injuries, pain, emotional suffering and losses. Compensation in pedestrian accident cases can include:

• Medical treatment – Your existing healthcare expenses, including emergency services, hospital bills, diagnostic imaging, surgery, post-operative care, travel to and from doctors, prescriptions, and rehabilitation.
• Future healthcare costs – Future healthcare expenses, including surgeries, prescriptions, treatments, rehabilitative care, medical equipment, and assistive devices.
• Lost wages– Wages lost for time off work because of injuries from the accident.
• Diminished earning capacity – Decreased or lost earning capacity because injuries from the accident prevent returning to your job or seeking one that pays as well.
• Physical and emotional pain and suffering – Pain, stress, trauma, and emotional problems stemming from the accident.
• Diminished quality of life – Decreased ability to enjoy life.
• Loss of consortium with a spouse – Loss of companionship and support.
• Other economic and non-economic damages applicable under Florida law.

In Florida, however, the total amount of compensation you can obtain can be decreased if you were partially at fault for the accident. For example, if it is determined you were 20 percent at fault and the driver of the vehicle involved was 80 percent at fault, your damages would be reduced by 20 percent.

If a Loved One Was Fatally Injured in a Brandon Pedestrian Accident

Money cannot replace a loved one; however, holding the person responsible for your loss liable can help you heal by giving you sense of justice. You may be entitled to compensation for actual expenses, such as medical bills that accrued prior to death and burial costs, and you could also be entitled to compensation for your pain and suffering, as well as for the loss of companionship and support.

Get Help from Brandon Pedestrian Accident Injury Attorneys You Can Depend On

If you or a loved one has been injured in a pedestrian accident, the experienced Brandon personal injury attorneys at Dennis Hernandez & Associates can help. We are committed to advocating for justice by putting our legal experience and expertise to work helping you obtain fair compensation for your injuries.

Getting help from our skilled legal team means you will be guided by experts throughout the whole legal process – from gathering evidence, through filing a lawsuit, to going to trial, if necessary. We will put together a strong case to show you deserve full compensation for the physical, emotional, and financial damages caused by the pedestrian accident.

Unlike other attorneys, we won’t settle for less than what you deserve in order to avoid going to trial. We are fully prepared with experience and skill to fight aggressively in court for full and fair compensation.

Call us at 855-LAW-DENNIS or fill in the FREE CASE EVALUATION form on our website to get started on your case.

 

Sources:

Florida Highway Safety and Motor Vehicles. (2020). Traffic crash reports. Crash dashboard.
https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/

Smart Growth American. (2020). Dangerous by design.
https://smartgrowthamerica.org/app/uploads/2020/01/DbD-2020-Report.pdf

Smart Growth America. (2019). Dangerous by design. https://smartgrowthamerica.org/dangerous-by-design/

U.S. Department of Transportation. National Highway Traffic Safety Administration. (n.d.). Pedestrian safety.
https://www.nhtsa.gov/road-safety/pedestrian-safety