Fort Myers Pedestrian Accident Lawyer

During the past decade, the number of people fatally injured in pedestrian accidents in the U.S. has increased 53%, while fatalities from all other kinds of traffic accidents have only increased 2%. This is very disconcerting, especially for those of us who visit and live in Florida, the state consistently recognized as the most dangerous place for pedestrians.

The State of Florida has, of course, made various efforts in enforcement, engineering and education to stop the rise in pedestrian injury accidents, but they continue to increase. In fact, throughout Florida, between 2018 and 2019, injury crashes involving pedestrians increased from 9,356 to 9,736 and fatalities increased from 720 to 734. In Lee County alone, pedestrian crashes increased by close to 3% during that same time period.

If you or a family member has been injured in one of these pedestrian accidents, you may be able to hold the driver accountable and get compensated for your injuries, pain and suffering. An experienced Fort Myers pedestrian accident attorney can help you get the justice you deserve. At Dennis Hernandez & Associates, we have helped hundreds of accident victims and their families throughout Florida and want to help you get compensated fully and fairly.

What Causes Pedestrian Accidents?

The roadways that criss cross Fort Myers were not constructed for the amount of traffic or number of people walking in recent years. Changes have been made to manage this situation, but crash data still show how dangerous traveling by foot can be. Walking in high traffic areas or at night puts people at risk, especially when they walk near or in the roadway. Large motor vehicles, such as SUVs and trucks prevalent in Fort Myers, also represent an increased danger for pedestrians.

Although collisions involving pedestrians are typically called “pedestrian accidents,” they are usually caused wholly or partially by people driving cars or trucks. In fact, many of these accidents involve motor vehicle safety violations, such as:

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

Following Florida’s traffic laws is necessary to decrease the number of pedestrian crashes. Traffic safety experts suggest the following precautions:

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

Who Is Responsible for Pedestrian Accidents?

In Florida, both motorists and pedestrians are responsible for following state traffic safety laws when on the roads, so either or both can be considered legally at fault for a pedestrian accident. For example, under Florida law, someone driving a motor vehicle has to yield to a pedestrian in a crosswalk at an intersection once the pedestrian has stepped into the roadway even when there are no crossing signals. In contrast, when there is no designated crosswalk at an intersection, pedestrians trying to cross the street must yield to motor vehicles.

Often in pedestrian accident cases, the person driving a motor vehicle is totally responsible for the crash. However, sometimes the responsibility is shared by the pedestrian and the motorist. In these cases, an injured pedestrian may still be able to obtain compensation because Florida is a comparative fault state that allows compensation to be awarded in proportion to the other party’s fault.

What Compensation Is Available for Fort Myers Pedestrian Accident Victims?

If you are the victim of a Fort Myers pedestrian crash, you may be able to get compensated for the following expenses, losses, pain and suffering:

• Medical expenses – Present and future medical expenses, including emergency services, hospital bills, diagnostic imaging, surgery, post-operative care, travel to and from doctors, prescriptions, medical equipment and rehabilitation.
• Reduced or lost income – Income 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.
• Pain and suffering – Pain, stress, trauma and other 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.

Fatal Pedestrian Accident Injuries

If a family member suffered a fatal injury from a pedestrian accident, there is nothing that can really compensate you for your loss. However, holding the person responsible can give you a sense of justice. As the claimant in a wrongful death lawsuit, you may be able to obtain compensation for actual expenses, such as medical bills that accrued prior to death and burial costs, as well as compensation for your pain, suffering and loss of companionship and support.

Experienced Legal Help for Victims of Fort Myers Pedestrian Accidents

If you or a family member has been the victim of a pedestrian crash, the experienced Fort Myers pedestrian accident attorneys of Dennis Hernandez & Associates can help. We have helped hundreds of accident victims throughout Florida get compensated fairly for their injuries and are committed to putting our legal experience and expertise to work for you.

As your attorneys, we will support and advocate for you throughout the entire legal process – from investigating the accident and gathering the necessary evidence to negotiating vigorously with insurance companies and going to trial, if necessary. Unlike other personal injury attorneys, we won’t back down in our fight for justice. We are well prepared to negotiate aggressively on your behalf and, if called for, put our trial experience and litigation skills to work fighting in court 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