Miami pedestrian accident lawyer

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Mistakes happen, and there is no doubt that getting into a pedestrian accident can be a scary and stressful situation. Handling a case like this on your own can be extremely difficult and complex. Hiring a Miami pedestrian accident lawyer may be the best option, regardless of the severity of the accident. An experienced Miami injury lawyer can help you navigate through this complex process, answer any questions you may have and protect your legal rights. They have seen numerous cases and have worked with all different types of situations.

Causes of pedestrian accidents

A Miami pedestrian accident lawyer sees thousands of different accidents caused by an abundance of factors. Traveling by foot may be the best option for some, but it may not always be the safest.

Every year, more than 70,000 pedestrians are injured by a car or vehicle. The following are some of the most common causes of pedestrian accidents:

  • A large percentage of these accidents occur at intersections. Although crosswalks are clearly marked, pedestrians don’t always use them or follow the signals, increasing the risk of an accident.
  • The “no-texting” rule does not only apply to drivers. This rule must also be followed by pedestrians for their own safety. According to a recent study conducted by the NYU medical center, eight percent of pedestrian accidents occurred while the pedestrian was using an electronic device.
  • Substance abuse is undoubtedly one of the most common causes of automobile and pedestrian accidents. This includes intoxicated pedestrians as well as intoxicated drivers.
  • Left-hand turns can sometimes be dangerous. The driver is concentrated on making sure there is no oncoming traffic, and the pedestrian is looking straight ahead. Studies reveal that three times as many pedestrians are struck by vehicles making a left turn.

Injuries from getting hit by a car or vehicle

Pedestrian accident lawyers have seen a variety of injuries resulting from pedestrian accidents. The severity of the injury depends on the severity of the collision. Injuries as a result can either be primary or secondary. Primary being at the moment of impact, and secondary occurring when the impact drives the pedestrian onto another object causing an additional injury. Some of the most common pedestrian accident injuries include:

  • Cuts and bruises
  • Brain injuries such as: concussions, swelling, hematomas, and hemorrhages
  • Abrasions, lacerations, and contusions of the face and hands
  • Sprained and torn ligaments
  • Broken/fractured bones

What to do if you get hit by a car?

Depending on the situation and the details of the pedestrian accident, you may have various options for receiving compensation for injuries and losses. Before making a decision, it is best to consider the following key questions:

Whose fault was it?

Most individuals assume that the person at fault in a pedestrian accident is the driver of the vehicle. While this is true in most cases, it is not always the drivers fault. Drivers are required to follow the speed limit, obey traffic signals, and yield to pedestrians at crosswalks. Pedestrians are also required to obey traffic rules and cross only at crosswalks. If a pedestrian is struck while a driver violates a traffic law, the driver is at fault. If the pedestrian is at fault, the case becomes a bit more complicated.

In both cases, hiring a Miami injury lawyer may be the best option to ensure you are getting the best possible results for your case.

Seek a Miami pedestrian accident lawyer

In a case as complicated as a pedestrian accident with so many different factors involved, hiring a Miami pedestrian accident lawyer is most likely the best option. The ins and outs of the law can be very complex. There a numerous rights that you may not be aware of. Miami injury lawyers handle hundreds of cases and are aware of your rights.

Hitting a pedestrian with a car by accident

If you have hit a pedestrian with your car by accident, it is highly recommended that you hire a pedestrian accident lawyer immediately. Due to the fact that you are the driver, it is likely that the pedestrian will point the finger at you. Even if the pedestrian has no visible injuries, there may be criminal and civil liabilities involved.

In most cases where the pedestrian was hit by accident, civil liability is involved. This term refers to the right of another individual to sue you for the injuries or damages caused by the accident. This may extend to lost wages, injuries suffered, and emotional distress.

Legal implications of hit and run accident

After a hit and run accident, the driver may suffer several different consequences including criminal liability. Criminal liability is the state’s right to prosecute you for the injuries caused as a result of breaking the law. This can result in loss of driver’s license, fines, probation, and imprisonment.

Pedestrian accident statistics

Statistics have revealed that over 70,000 pedestrians in the United States were injured as a result of pedestrian accidents in 2012, and almost 5,000 were killed. This means that one pedestrian death occurs every two hours and a pedestrian injury occurs every seven minutes.

Adults over the age of 65 account for over 20% of all pedestrian accident deaths and about 9% account for injuries. In a study conducted in 2012, over one fifth of children between 5 and 15 who were killed in traffic accidents were pedestrians.

Pedestrian accident claims

After a pedestrian accident, several factors come into play when determining the type of compensation and the amount received. Some of the most important factors include:

  • The severity of the pedestrian's injuries
  • The defendant’s assets
  • Insurance of both parties
  • The person at fault

A Miami injury lawyer can help you determine which types of claims you may file and what types of compensation you may receive.

Going by Pedestrian safety rules

Pedestrians must also abide by traffic safety laws just like cars. Following these guidelines can help avoid pedestrian accidents.

  • If there is a sidewalk or footpath, stay on this path. If you must step on the road, look both ways first. If there is no sidewalk, walk on the right side of the ride so that you may see oncoming traffic.
  • If you are walking or biking at night, wear light or fluorescent colors with reflective material
  • If there is a crosswalk nearby, use it and abide by the code
  • If you are crossing at a traffic light, you should only cross when the green figure is shown
  • Never cross behind a vehicle that is reversing

Driver duty of care and negligence

When driving a car or vehicle, it is very important to drive with care. Negligence is a theory that becomes the basis for most car accident lawsuits. A driver is considered negligent when they have done something that should not have been done, such as speeding or running a red light.

The law requires that drivers drive carefully at all times, especially when encountering another vehicle or pedestrian on the road. Failure to do so can result in an accident and/or lawsuit.

Gathering evidence from different sources

If you have been involved in a pedestrian accident, it is important to gather evidence from all possible sources. If the driver stops, make sure to obtain the driver's name and insurance information. In the case of a hit and run, gather as much information as possible. If there are any witness, gather their information as well.

Pedestrian accident settlements

Every pedestrian accident is different; therefore the results of the case vary. Many different variables are considered in a settlement, including who was at fault, the severity of the injuries, and other factors in between.

In most cases, the claimant suffers significant injuries. This means, they have visited the doctor a few times and medical bills are building up. Medical bills are most often the starting point for figuring out the value of the claim. As a result, you may receive a larger settlement if you suffered a more severe injury.

A Miami pedestrian accident lawyer defending your rights

A Miami Injury lawyer will help you defend your rights and navigate through your case much smoother than handling it on your own. There are many laws that the typical individual is not aware of. Pedestrian accident lawyers specialize in working on cases and helping individuals achieve the best results possible.