St. Petersburg Pedestrian Accident Lawyer

In Florida, tourists, snowbirds and full-time residents frequently enjoy walking outside for exercise and pleasure. While the warm climate makes this activity enjoyable, a negative consequence is Florida’s high rate of pedestrian accidents. Unfortunately, Florida has repeatedly been recognized as the most dangerous state in the U.S. for pedestrians, with 5,433 pedestrian fatalities reported between 2008 and 2017.

Sad to say, a lot of these fatalities could have been prevented if the people driving the motor vehicles involved in the accidents had been adhering to Florida’s traffic laws and rules for safe driving. Many other serious, non-fatal pedestrian accident injuries could also have been avoided.

If you have been hurt by a vehicle while you were walking in the St. Petersburg area, you may be entitled to compensation for your injuries. If a loved one was fatally injured in a pedestrian accident, you may also be able to file a wrongful death lawsuit. If either of these situations apply, it’s important for you to contact an experienced Florida personal injury attorney as soon as possible to discuss the possibility of pursuing a pedestrian accident lawsuit.

The experienced attorneys at Dennis Hernandez & Associates, PA have successfully helped hundreds of accident victims and their families throughout Florida get the compensation they deserve. We want to hear about your accident and help you get compensated fully and fairly for your injuries, pain and suffering.

What Causes Pedestrian Accidents?

Although we call collisions involving pedestrians “accidents,” most are not really “pedestrian accidents,” since they are caused, wholly or partially, by someone driving a motor vehicle.

Common causes of these collisions include:

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

Motor vehicle safety experts recommend drivers follow these safety guidelines to prevent pedestrian accidents:

• Drive very slowly when turning or driving through a crosswalk.
• Always yield to pedestrians in crosswalks.
• Never drive while intoxicated or under the influence of drugs.
• Always adhere to established speed limits, paying special attention to slower speed limits in school zones and in residential areas where there are children.
• Always be on the look-out for pedestrians. That means focusing completely on your driving and your surroundings.
• Be especially cautious when it’s hard to see your surroundings, such as during bad weather or at night.
• Be extra cautious when backing up. Check your rearview mirror and camera (if available) and turn around to make sure there are no pedestrians behind your vehicle or approaching the rear of your vehicle.

Determining Fault in a St. Petersburg Pedestrian Accident

Pedestrians and motorists are both responsible for following safety rules on Florida’s roadways. Under Florida law, then, they can both be held liable when a pedestrian accident occurs.

According to Florida law, a motorist has to yield to a pedestrian once the pedestrian has stepped into a crosswalk in the roadway even when there are no crossing signals. In contrast, a pedestrian must yield to a vehicle when crossing the street when there is no designated crosswalk.

There are times when both a pedestrian and a motorist are at fault in a pedestrian accident. Since Florida is a comparative fault state, an injured pedestrian who is partially at fault may still be entitled to some compensation, depending on what percentage of the fault can be attributed to the motorist.

Compensation for St. Petersburg Pedestrian Accident Injuries

If you have been injured in a St. Petersburg pedestrian accident, you could be entitled to compensation. Compensation could include:

• Medical treatment costs– 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 in specific cases under Florida law

In Florida, the total amount of compensation you can receive may be proportionately decreased if you were partially at fault. For example, if you were involved in a pedestrian accident in which the driver of the vehicle was 80 percent at fault and you were 20 percent at fault, your compensation would be reduced by 20 percent.

Wrongful Death Lawsuit for a Family Member Fatally Injured in a St. Petersburg Pedestrian Accident

A financial settlement or award can’t truly compensate you for the loss of a loved one. However, a lawsuit does enable you to hold the party responsible for your loss legally liable. In addition, if you lost a family member, you may be able to obtain financial compensation for expenses, such as medical bills that accrued prior to death and burial costs, as well as compensation for your suffering and loss of companionship as the claimant in a wrongful death lawsuit.

Get Competent, Experienced Legal Help after a St. Petersburg Pedestrian Accident Injury

If you or a family member has been injured in a pedestrian accident, please contact the experienced attorneys at Dennis Hernandez & Associates as soon as possible. We are dedicated to helping accident victims achieve justice and full compensation for their injuries.

At Dennis Hernandez & Associates, PA, we are committed to supporting you through the entire legal process – from the beginning investigation and gathering of evidence, through filing a lawsuit, to going to trial, if necessary. We assure that all evidence to prove negligence is collected and forms are filed in a timely manner, and we negotiate directly with insurance companies on your behalf. We will prepare a strong case showing why you deserve compensation for the physical, emotional, and financial damages suffered as a result of the pedestrian accident.

Many personal injury lawyers try to avoid court trials by settling early with insurance companies. We won’t disappoint you. We won’t back down. Instead, we will put our extensive trial experience and litigation skills to work fighting for the compensation you deserve.

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

 

Sources:

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