Orlando Pedestrian Accident Lawyer
During the past decade, pedestrian accident fatalities have increased by 53%, while fatalities from all other traffic accidents have increased by only 2%. Whether due in part to general population growth, more people walking, or more motor vehicle traffic, this increase is alarming – especially for those who visit and live in Orlando, the city known as the most dangerous U.S. city for pedestrians.
Despite numerous efforts to reduce pedestrian accidents in Central Florida, pedestrian injury accidents and fatalities continue to increase. In 2018, for example, there were 685 pedestrian injury crashes and 53 fatalities in Orange County. By 2019, those numbers had increased to 712 and 59, respectively.
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 Orlando 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.
Causes of Pedestrian Accidents in Orlando
Orlando’s roadways were not designed to accommodate the number of motor vehicles on the roads today nor the number of pedestrians. Some improvements have been made recently, but reports still show how dangerous walking in Orlando can be. People walking in high traffic areas or at night are especially at risk, and larger vehicles, such as SUVs and trucks, also pose an increased risk for unsuspecting pedestrians.
While crashes involving pedestrians are typically called “pedestrian accidents,” most of them are not really pedestrian accidents, since they are caused wholly or partially by people driving cars, trucks or buses. In fact, many of these accidents include motor vehicle safety violations, such as:
- Speeding
- Driving while under the influence of drugs or alcohol
- Texting while driving or other distractions
- Failing to yield to a pedestrian in a crosswalk
- Failing to come to a complete stop at a traffic light or sign
To cut down on the number of pedestrian accidents, traffic safety experts recommend the following precautions:
- Never driving while intoxicated or under the influence of drugs.
- Driving very slowly when turning or driving through a crosswalk.
- 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 slower speed limits in school zones and in residential areas.
- Being extra cautious when driving in reverse, especially when backing out of a driveway.
- Always being on the look-out for pedestrians.
Responsibility for an Orlando Pedestrian Accident
Both pedestrians and motorists are responsible for following state safety laws when on the state’s roadways. Therefore, either or both can be held legally responsible for a pedestrian accident. Sometimes the fault in a pedestrian accident is shared by both the pedestrian and the motorist. Because Florida is a comparative fault state, an injured pedestrian may still be able to obtain compensation even if he/she was partially responsible for the accident.
In many cases, the responsible party is clear. 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. This applies even when there are no crossing signals. If a motor vehicle does not yield and hits the pedestrian, the driver is at fault. In contrast, when there is no designated crosswalk at an intersection, pedestrians trying to cross the street must yield to motor vehicles, so if the pedestrian doesn’t yield and is hit, he or she is at least partially at fault.
Compensation for Orlando Pedestrian Accident Victims
If you have been injured by a motor vehicle while walking in Orlando, you could be entitled to compensation for your injuries. Compensation in pedestrian accident cases could 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.
If a Family Member Was Fatally Injured in an Orlando Pedestrian Accident
No amount of money can bring back or really compensate you for the loss of a loved one. However, holding the person responsible for your loss liable can provide a sense of justice. As the claimant in a wrongful death lawsuit, you may be entitled to 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.
Get Experienced Legal Help after an Orlando Pedestrian Accident
If you or a family member has been injured in a pedestrian accident, getting help from the experienced Orlando pedestrian accident attorneys at Dennis Hernandez & Associates is in your best interest. We are committed to putting our legal experience and expertise to work helping you obtain justice and fair compensation for your injuries.
As our client, you will be supported through the entire legal process – from gathering evidence, through filing a lawsuit, to going to trial, if necessary. We will develop a powerful case demonstrating you deserve full compensation for the physical, emotional, and financial damages caused by the accident.
Unlike other personal injury attorneys, we won’t back down in our fight for justice. We are well prepared to negotiate vigorously on your behalf and, if warranted, put our trial experience and litigation skills to work fighting aggressively 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