Sarasota Pedestrian Accident Attorney
Sarasota is the perfect place for taking a leisurely walk to enjoy the warm weather and beautiful scenery. Unfortunately, however, too many of those walks end up in catastrophe. Florida is consistently recognized as the most dangerous state for pedestrians, with 5,433 pedestrian fatalities reported between 2008 and 2017.
Last year, in Sarasota County alone, there were 164 pedestrian accidents and 10 fatalities. The sad reality is that most of these accidents could have been avoided if the people driving the cars, trucks and buses involved had been following Florida’s traffic laws and rules for safe driving.
If you have been the victim of a pedestrian accident, you may be entitled to compensation for your injuries. If a family member was fatally injured in a pedestrian accident, you may also be entitled to file as a claimant in a wrongful death lawsuit, In either of these cases, it’s important to talk with an experienced Sarasota pedestrian accident lawyer as soon as you are able.
The experienced pedestrian accident attorneys at Dennis Hernandez & Associates, PA have helped numerous accident victims and their families throughout Florida get the compensation they deserve. We want to hear what happened to you and help you get compensated fully and fairly for your injuries, pain and suffering.
The Main Causes of Pedestrian Accidents
We typically refer to collisions with pedestrians as “accidents”; however, most are not true pedestrian accidents. Instead, most are caused, in whole or in part, by a person driving a car, truck or bus.
Common causes of pedestrian accidents include:
- 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
- Speeding
- Driving while under the influence of alcohol or drugs
- Driving while drowsy
- Failing to drive cautiously in a residential area
Driver safety experts suggest the following precautions for avoiding collisions with pedestrians:
- Drive very slowly when turning or driving through a crosswalk.
- Always yield to pedestrians in crosswalks.
- Always be on the look-out for pedestrians.
- Be especially cautious when it’s hard to see your surroundings, such as during bad weather or at night.
- 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.
- Be extra cautious when backing up.
Determining Fault in a Sarasota Pedestrian Accident
In Florida, both pedestrians and motorists are responsible for following safety rules on the state’s roadways. Therefore, they may both be held legally responsible when a pedestrian accident occurs.
Florida law stipulates that when there is a crosswalk at an intersection, a person driving a motor vehicle has to yield to a pedestrian once the pedestrian has stepped into the crosswalk, even when there are no crossing signals. In contrast, when there is no designated crosswalk, a pedestrian has to yield to a vehicle when crossing the street.
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 be entitled to compensation even if he/she was partially responsible for the accident.
Compensation for Victims of a Sarasota Pedestrian Accident
If you have been injured in a Sarasota pedestrian accident, you could be entitled to compensation for your injuries. This compensation could include:
- Cost of your 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 in specific cases under Florida law
If a Family Member Was Fatally Injured in a Sarasota Pedestrian Accident
No amount of money can compensate you for the loss of a loved one; however, you may be able to hold the party responsible for your loss legally liable and achieve a certain sense of justice. Additionally, if you lost a family member in a pedestrian accident you may be entitled to damages as the claimant in a wrongful death lawsuit. Along with actual expenses, such as medical bills and burial costs, you could be entitled to compensation for your pain and suffering as well as for the loss of companionship and support.
Get Competent, Experienced Help from a Sarasota Pedestrian Accident Lawyer
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 get compensated fairly for their injuries and want to help you.
We are committed to guiding you smoothly throughout the entire legal process – from investigating the accident and gathering evidence, to filing a lawsuit, to going to trial. We assure that we will build a strong case to demonstrate your need for compensation for physical, emotional, and financial damages resulting from the pedestrian accident. We collect all the evidence necessary to prove negligence, file all forms in a timely manner, and negotiate directly with insurance companies on your behalf.
Many injury lawyers try to avoid going to trial by settling early with insurance companies. We won’t. Instead, we will put our extensive trial experience and expert 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