Traffic intersections can be dangerous places and are common locations for car accidents in the state of Florida. Many car accidents happen when other drivers are not paying proper attention to the roadway in front of them. Depending on the circumstances, car accidents that occur at or near traffic intersections can result in serious personal injuries and damages.
If you or someone you love has sustained personal injuries in a car accident at a traffic intersection that resulted from someone else’s negligence1 or carelessness, you may be entitled to monetary compensation. Our knowledgeable, compassionate, and experienced New Port Richey personal injury attorneys are here to assist you with maximizing the value of your case.
Our lawyers can discuss the facts and circumstances of your accident with you and help you to obtain the monetary compensation you need and deserve. If the insurance company refuses to place an acceptable settlement offer on the table, our skilled personal injury attorneys are not afraid to litigate your case or take it to trial.
Rear-end collisions are among the most common types of accidents that occur at Florida traffic intersections. They usually occur when someone is engaged in distracted or careless driving. Distracted driving2 usually involves one or more of the following:
- Making cell phone calls while driving
- Listening to loud music while driving
- Rough housing with others in the car while driving
- Turning one’s head and attention away from the road – even if only for a second or two
When a distracted driver fails to pay proper attention to the roadway in front of him or her, that driver is more likely to rear-end a stopped vehicle at a stop sign or red traffic light at an intersection. When this happens, the driver and passengers of the stopped vehicle are likely to sustain injuries and damages. The most common types of injuries and damages sustained by victims of rear-end collisions at traffic intersections include the following:
- Whiplash injuries from being thrown forward and backward in the vehicle
- Soft tissue neck and back injuries
- Seat belt rash injuries
- Chest and shoulder injuries
- Knee injuries – usually from striking the dashboard at the point of impact
- Head injuries – usually from striking the steering wheel or headrest at the point of impact
Depending upon the severity and force of the impact, rear end collisions at intersections can produce a “domino effect” or a chain reaction of collisions that involve multiple vehicles. When that happens, all the injured drivers and passengers may have a legal cause of action against the driver responsible for starting the chain reaction of collisions.
Under Florida law, pedestrians have a duty to cross intersections at crosswalks and to remain in the crosswalk for the entire time they are present in the intersection. Moreover, pedestrians may be in the crosswalk only at the proper time – usually when the walk signal is flashing or lit. Florida motor vehicle drivers, on the other hand, have a duty to drive reasonably and prudently under the circumstances and watch out for pedestrians who are lawfully in the intersection at any given time.
When motor vehicle drivers engage in distracted driving, they are more likely to strike a pedestrian who is lawfully in a crosswalk at a traffic intersection, typically resulting in serious injuries and damages. Some of the most common types of injuries and damages sustained in pedestrian accident cases may include some or all of the following:
It is also important to note that in pedestrian accident cases, insurance companies often like to shift some or all of the blame for the accident to the injured plaintiff. The defendant driver and/or the driver’s insurance company may allege that injured plaintiff was not paying proper attention while crossing the intersection – or that the injured pedestrian stepped outside of the crosswalk (or was crossing the intersection at the improper time) – thereby causing or contributing to the subject accident and injuries.
In these types of cases, under Florida’s pure comparative fault doctrine, an injured plaintiff can still recover monetary compensation for injuries and damages sustained when he or she caused or contributed to the accident. However, the amount of that recovery may be offset by the extent to which the injured plaintiff caused or contributed to the subject accident. For example, if the injured pedestrian was deemed to be 20 percent at fault for the accident and injuries (e.g., by walking outside the lines of the crosswalk while crossing the intersection) and the pedestrian sustained $5,000 in medical damages, the injured pedestrian’s maximum recovery would be reduced by $1,000 to $4,000.
Even if the plaintiff is deemed to be 99 percent at fault for the accident, he or she could still recover monetary damages under Florida’s comparative fault theory of recovery.
Contact a New Port Richey Personal Injury Attorney Today to Discuss Your Case
If you have been injured at a traffic intersection as a result of someone else’s recklessness, carelessness, or negligence, you may be entitled to monetary compensation under Florida law. Since insurance companies use every excuse in the book to deny or limit a personal injury plaintiff’s recovery, it is essential that you have knowledgeable and experienced legal representation on your side every step of the way.
Generally speaking, insurance companies will try to settle personal injury claims and lawsuits as cheaply as possible to get the case over with quickly and avoid taking it to trial. Insurance companies do not stay in business by paying off personal injury claims and settlements. Rather, they attempt to try to save themselves money to improve their bottom line.
An experienced New Port Richey personal injury attorney will be able to negotiate with the insurance company on your behalf and assist you with obtaining the best value for your case. If the insurance company does not offer an attractive settlement amount, our experienced lawyers are not afraid to litigate your case or take it to trial if necessary.
To schedule a free consultation or case evaluation with a New Port Richey personal injury attorney, please call us or contact us online.
Dolman Law Group Accident Injury Lawyers, PA 5435 Main Street New Port Richey, FL 34652 (727) 477-9660