Liability for Nighttime Pedestrian AccidentsThe National Highway Traffic Safety Administration1 (NHSTA) has estimated that a pedestrian is killed every 2 hours and injured every 8 minutes in traffic crashes. The majority (approximately 78%) of fatalities occurred in urban areas. The majority (approximately 72% of these incidents occurred while it was dark out. Doubtless, walking around at night increases one's chances of being struck by a vehicle. When pedestrians walk at night, they are at an increased risk of involvement in an accident with a motor vehicle. In many cases, they will be able to recover compensation for any injuries they have sustained, so it is important that anyone involved in a pedestrian accident have their case fully reviewed by an experience lawyer. Among the types of losses that are often compensable in a Florida pedestrian accident case include the following:
- Medical expenses
- Lost income
- Loss of quality of life
- Property damage
- Physical and emotional pain and suffering
- Low Visibility - Visibility is low and drivers must rely on headlights to see the road. Streetlights might be out, effectively eliminating the chances of a pedestrian being seen.
- Impairment – there tend to be more drivers on the road at night who operate their vehicles while under the influence of alcohol
- Pedestrian clothing – pedestrians wearing dark clothing may not be as easily visible during the night
- Weather Conditions – the roads may be wet, icy, or have obstructions that would be difficult to see at night (such as a pothole)
- Perception-Reaction time – because of lack of ambient light, humans suffer from a decrease in ability to perceive the objects around them and react accordingly. For instance, a motorist traveling at 40 mph during the day might notice a pedestrian crossing the intersection from afar and brake in time to avoid collision. At night, the pedestrian would not be as apparent and the motorist traveling 40mph might not be able to brake in time.
Seeking Compensation for a Pedestrian Night AccidentWhen a pedestrian is struck by a vehicle in an accident they are likely to suffer extremely severe injuries due to the fact that a motor vehicle traveling at speed has the force to inflict severe trauma. Accidents with pedestrians and motor-vehicles often result in injuries such as broken bones, traumatic brain injuries, spinal injuries, and internal organ damage which can leave a person with lifelong disabilities and generally cause a number of negative effects on their life. A pedestrian accident injury claim can seek compensation for these damages with the negotiation of a settlement with the party liable for the accident. In order to effectively negotiate a settlement in a pedestrian accident injury claim a claimant needs to be able to prove the negligence of the liable party and how it caused the accident. This requires evidence obtained through an extensive investigation of the accident scene and consultation with experts. In addition to this, the negotiation of a settlement requires knowledge and specialized skills in order to ensure that the optimal amount of compensation. Attempting to handle a pedestrian accident injury claim on your own is a sure way to make a mistake that can end up causing your settlement value to decrease or to have your claim denied altogether. This is why it is in a pedestrian accident survivor to seek an experienced personal injury attorney as soon as possible. Call the Dolman Group Today to Speak to a St. Petersburg Pedestrian Accident Lawyer If you were hit by a motor vehicle walking on a sidewalk or crossing the street, contact the experienced personal injury attorneys of the Dolman Law Group Accident Injury Lawyers, PA at 727-451-6900 today to discuss your claim. We offer free consultations and won't charge you a dime unless you win your lawsuit. We service clients all throughout Florida and have offices located in Clearwater, New Port Richey, and St. Petersburg. Call 727-451-6900 today to get the justice you deserve. Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 727-451-6900 References: 1 https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812270 2 https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html