Fort Lauderdale Pedestrian Accident Lawyer

Too common, especially in Florida. Recently, Florida saw 9,674 pedestrian crashes resulting in 718 pedestrian fatalities. Of those pedestrian crashes, 1,082 occurred in the Fort Lauderdale area, as did 53 of the pedestrian fatalities.

To put these numbers in perspective, the risk of a pedestrian accident is significantly higher in Florida than in any other state.

Of the 20 deadliest cities for pedestrians, nine are located in Florida and include:

• Orlando-Kissimmee-Sanford ranked #1
• Deltona-Daytona Beach-Ormond Beach ranked #2
• Palm-Bay-Melbourne-Titusville ranked #3
• North Port-Sarasota-Bradenton ranked #4
• Lakeland-Winter Haven ranked #5
• Jacksonville ranked #6
• Cape Coral-Fort Myers ranked #8
• Tampa-St. Petersburg-Clearwater ranked #9
• Miami-Fort Lauderdale-West Palm Beach ranked #14

Between 2008 and 2017, 5,433 pedestrian fatalities took place in Florida, making it the most dangerous state for walkers in the United States. Alabama was ranked number two, with 841 fatalities at the same time. Florida's number of pedestrian fatalities equates to an annual average of 2.73 pedestrian deaths for every 100,000 people, while the national average is 1.55 average annual deaths per 100,000.

Based on studies by Smart Growth America, pedestrian accidents have been on the rise over the last several years. From 2008 to 2017, pedestrian deaths increased by over 35 percent, although there was no notable change in individuals' driving or walking frequency.

One of the primary reasons for the increased rate of pedestrian accidents is the design of streets, which are prioritized for fast-moving vehicles and not people on foot. This is particularly true in Florida, where sprawling growth patterns led to the construction of wider roads, longer blocks, and engineering of streets that placed priority on high speeds for cars rather than the safety of pedestrians. Many streets lack appropriate speed limits, well-planned intersections, sidewalks, and bike lanes.

A change in vehicle purchasing patterns also contributes to the increase in pedestrian injuries and fatalities. For example, drivers are increasingly likely to purchase an SUV or truck rather than a sedan, and these vehicles are much more likely to kill a pedestrian in a crash. While the size of these vehicles can't be changed, some features can increase safety, including improved headlight designs, softer hoods, automatic braking, front-crash prevention systems, rearview cameras, night-vision cameras, and pedestrian detection systems.

While there may be reasons to explain the rise in pedestrian fatalities in Florida, this doesn't help those who have suffered from one of these tragic accidents. Pedestrian accident victims can sustain severe injuries and can never return to life as they knew it before the accident.

In a collision between a car and a pedestrian, the car has all the power. Cars benefit from a rigid exterior that protects its passengers and presents a serious threat to any pedestrian. Pedestrians are even more exposed than motorcyclists or bicyclists because they are not protected by protective gear like a helmet.

Given the vulnerable nature of pedestrians, they are much more likely to suffer serious injuries or death when involved in a collision with a vehicle.

Common injuries after a pedestrian accident include:

• Head and brain injuries. The absence of head protection leaves pedestrians particularly exposed to traumatic head and brain injuries. A fall or contact with any hard object could result in a contusion, concussion, or brain damage. Collisions involving pedestrians are a common cause of traumatic brain injury, resulting in an individual experiencing a coma, vegetative state, or even brain death.
• Neck, back, and spinal injuries. The trunk of the body often suffers a severe impact in a pedestrian accident. The spinal cord, the bundle of nerves that allows the brain to communicate with the body, can seriously alter an individual's way of life if injured. Damage to the spinal cord results in a range of symptoms, from numbness to paralysis to changes in strength, sensation, and bodily functions. Spinal cord injuries, as well as other neck and back injuries, often require long-term rehabilitation.
• Chest contusions. A chest contusion is likely if the pedestrian suffers any impact to the chest. Such a blow can damage internal organs, pulmonary and myocardial contusions, cracked ribs, or a pneumothorax.
• Broken bones, fractures, and other injuries. In addition to injuries like cuts, bruises, strains, and sprains, broken bones are common after pedestrian accidents due to the force of contact with the vehicle and from striking the ground after impact. A minor break can be an inconvenience, but major breaks can result in surgery, long-term rehabilitation, and ongoing pain.

More often than not, the driver of a vehicle involved in a collision with a pedestrian is at fault, but this must be proven before the pedestrian can recover compensation for their injuries. The pedestrian must establish that the driver or some other party acted negligently in a way that caused or contributed to the pedestrian's injuries.

The parties most commonly responsible for a pedestrian accident are:

• A negligent driver.While many factors can contribute to a finding of driver negligence, one of the most compelling pieces of evidence is violating any traffic laws or ordinances. These could include breaking the speed limit, driving while under the influence, distracted driving, or failure to heed traffic signals. In addition, if a driver acted negligently, resulting in a pedestrian crash, they should be responsible for the injuries suffered by the pedestrian.
• Local government. Pedestrians depend on the safety of the infrastructure developed by local governments, such as streets, crosswalks, sidewalks, traffic signals, and stop signs. If a local government fails to provide or repair necessary signals, it has failed in a duty of care to the pedestrian. Determining the negligence of a local government will depend heavily on the federal and state regulations placed on the local government for street safety. Recovery from governments can be complicated because they often have sovereign immunity, a special type of protection for governmental entities under the law. An attorney can analyze these requirements and pursue compensation from the local government.
• Vehicle manufacturers. Even if the driver acted appropriately, a vehicle could malfunction and cause an accident. For example, if the vehicle's brakes failed, a safety feature failed to operate as expected, or the car suffered from any other malfunction that caused the accident due to no fault of the driver, the vehicle manufacturer may be responsible for that failure.

Determining fault after an accident is a fact-intensive process requiring gathering and analyzing all evidence. An attorney can help with this complicated analysis.

The amount of damages you can anticipate recovering will depend on the nature and extent of your injuries. Common damages recovered after a pedestrian accident include:

• Medical expenses: Be sure to document all expenses related to your medical needs after the accident. These could include doctor's bills, the cost of prescription medicine, assistive devices like a wheelchair, or the cost of long-term rehabilitation. In addition, be sure to think about what ongoing and future medical expenses will result from your injuries.
• Loss of income and future earnings: If you miss work because of your injuries, you deserve compensation for the loss of income. Your injuries can also impact your ability to perform your job moving forward, perhaps limiting the tasks you can accomplish or upward mobility in your current profession. Therefore, any future effect your injuries have on your earning potential should be included in a claim for damages.
• Property damage: If your property was damaged or destroyed in the accident, you are entitled to repair or replacement. It is not uncommon for electronics or other personal possessions to be destroyed on impact with a vehicle.
• Emotional distress: Emotional stress is common after any traumatic incident. While less tangible, victims suffering from emotional distress are entitled to recover for those damages. Common emotional distress includes depression, anxiety, or PTSD.
• Loss of enjoyment: If you can no longer perform activities that previously brought you joy, like playing an instrument or participating in sports, due to your injuries, you should include a loss of enjoyment claim in your damage request.
• Punitive damages: Punitive damages are meant to punish the defendant rather than compensate the plaintiff for their injuries. In Florida, a claim for punitive damages requires that the defendant acted intentionally or in a grossly negligent fashion.

Some damages, like medical bills, are straightforward, but others can be complicated and require the input of medical and financial experts. An attorney can help you analyze your damages to ensure you are fully compensated.

If you are a pedestrian who has been involved in an accident, you should take these steps:

• Ensuring your health and safety should be your first priority. Make sure to seek immediate medical attention, even if you don't immediately identify any injuries. Not only is this important for your personal well-being, but a delay in the discovery of any medical issues could limit your ability to fully recover damages from the responsible party.
• File a police report. A police report will collect relevant information about the accident, including pictures, witness statements, and witness contact information. The report will also note any citations issued due to the accident - valuable evidence of any party's negligence.
• Keep track of all paperwork. You might feel overwhelmed with the amount of paperwork you receive after the accident, from insurance statements to medical bills. This paperwork will be important as you establish your case and determine the amount of damages owed by the person who caused the accident.
• Exercise caution when discussing the accident. You want to avoid making any statement that could be twisted to indicate you were at fault for any part of the accident. For example, a statement as simple as "I guess I should have paid more attention to where I was going!" or even a polite apology could easily be used against you.
• Don't delay in filing a lawsuit. Under Florida law, you must bring any action founded on another party's negligence within four years. Any delay past this period invalidates the claim.
• Analyze all settlement requests thoroughly. The other party may present you with a settlement request that is much lower than your damages demand. While the ease of quickly resolving the case may be tempting, you will regret the decision later as you continue to deal with your injuries. Determining whether you received a fair settlement offer will require an analysis of the strength of your case and the extent of your damages.

In addition to the above actions, one of the most important things you can do after suffering injuries in a pedestrian accident is to hire an attorney. An attorney can help you analyze the facts of your case, compile evidence of fault against the other party, prepare a comprehensive damages assessment, and evaluate any settlement offers from the other party.