If you or a loved one was injured in a pedestrian accident involving a motor vehicle, you may want to hire a New Port Richey pedestrian accident lawyer as soon as possible. Our team at Dolman Law Group offers free consultations.
Who Is at the Greatest Risk of Being in a Pedestrian Accident?
According to the National Highway Traffic Safety Administration (NHTSA), 6,205 pedestrians were killed and about 76,000 suffered injuries when hit by a car or truck in 2019. The Centers for Disease Control and Prevention (CDC) has identified these groups as having the most significant risk of being involved in a pedestrian accident:
Pedestrians ages 65 and older accounted for 20% of all pedestrian deaths and about 10% of all pedestrians injured in 2017.
In 2017, more than one in every five children under age 15 who were killed in traffic crashes were pedestrians.
Alcohol-Impaired Drivers and Pedestrians
Alcohol involvement for the driver or the pedestrian was reported in 47% of the traffic crashes that resulted in pedestrian death in 2017. Where alcohol involvement was reported, 33% of pedestrians killed had a blood alcohol concentration (BAC) of greater than or equal to .08 grams per deciliter, and 17% of drivers had a BAC of greater than or equal to .08 g/dL.
Additionally, higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of their injuries.
New Port Richey Driver Negligence in Pedestrian Accidents
In some instances, a pedestrian injured by a New Port Richey vehicle driver can file a claim based on driver negligence. It may be necessary to show the following:
- The driver of the vehicle owed the pedestrian a duty of care.
- The driver breached this duty, either by not paying attention to their surroundings, driving recklessly, or disregarding traffic laws.
- The pedestrian sustained a serious injury and suffered financial and other damages due to this breach.
A driver may be considered negligent for any of the following behaviors:
- Pre-occupation and failure to pay attention
- Failure to observe the speed limit
- Failure to yield the right-of-way at crosswalks
- Failure to use turn signals
- Violating traffic laws, including neglecting to stop at red lights and stop signs
- Driving under the influence of alcohol or drugs
New Port Richey Pedestrian Accident Lawyer Near Me 833-552-7274
New Port Richey Wrongful Death
If a pedestrian does not survive an accident, their family members may bring a wrongful death claim on behalf of their loved one to recover compensation for damages. They will be required to prove the same elements as pedestrians pursuing a negligence claim on their behalf.
A New Port Richey pedestrian accident attorney from Dolman Law Group can help family members who choose to file a lawsuit hold the negligent party accountable for their actions.
For a free legal consultation with a pedestrian accidents lawyer serving New Port Richey, call 833-552-7274
Pedestrian Fault in New Port Richey, Florida
A pedestrian may be considered at fault or to have contributed to the accident in several instances, including:
- Jaywalking: The pedestrian was jaywalking or crossing outside of the crosswalk.
- Disregarding traffic signals: The pedestrian was crossing against traffic control signals.
- Crossing highways: The pedestrian was crossing a freeway, highway, or another roadway without traffic controls.
- Walking in prohibited areas: The pedestrian was walking along a freeway, highway, bridge, or another area where pedestrian access is prohibited by law.
Comparative Negligence in Florida
In Florida, even if you are partly at fault for your accident, you may still be able to recover compensation for your injuries and other damages, per Florida Statutes § 768.81. In this situation, your compensation will simply be reduced by the percentage of fault you bear for the accident.
Damages for New Port Richey Pedestrian Victims
If you were injured in a pedestrian accident, you can file a claim for compensation against the motorist involved in your accident. Damages can be categorized into economic and non-economic losses. Economic losses include objective monetary losses. Non-economic losses include subjective, non-monetary losses. Your damages may include:
- Medical expenses: These include emergency room bills, ambulance rides, ongoing medical care, and rehabilitation such as occupational or physical therapy, as well as future medical expenses. Our attorneys can help you determine the value of future medical expenses.
- Lost income: If you could not work while recovering from the accident, you could recover lost wages. This also includes future earnings lost if you cannot return to work in the same capacity.
- Pain and suffering: This non-economic loss includes any physical and emotional pain you endured due to injuries sustained from the crash. Our attorneys can help you to determine the value of pain and suffering.
Types of Florida Pedestrian Accidents
As a pedestrian, your injuries can be severe or even fatal if a vehicle strikes you. While all pedestrian accidents are dangerous, some are more commonly seen. These include:
- Back-up accidents: These accidents usually occur in parking lots or driveways when a driver is backing up. They may have not looked behind them or didn’t see the pedestrian before beginning to back up.
- Passing accidents: These occur when a vehicle has stopped to allow pedestrians to cross the road, but another vehicle does not see the pedestrian. One example is when a school bus stops for children to cross the road. If a negligent driver tries to pass the bus, they could hit pedestrians crossing in front of the bus.
- Intersection accidents: These accidents happen when a pedestrian tries to cross at an intersection, but a negligent driver does not yield the right-of-way to the pedestrian and continues moving forward.
- Turning and merging accidents: These accidents occur when a driver merges into traffic or attempts to make a turn. Because the driver may be looking in a different direction, they might not see a pedestrian and hit them.
- Dart-out accidents: These happen when a pedestrian darts out in front of a vehicle, such as if a child is chasing a ball into the street and does not see an oncoming car.
These types of accidents can cause severe injuries to pedestrians. If you or a loved one has been injured or died due to injuries sustained in a pedestrian accident, our attorneys can help. We can advocate for you to receive the compensation you deserve.
Dolman Law Group Will Advocate for You During Your Pedestrian Accident Claim
At Dolman Law Group, we strive to get our clients fair compensation. We’ll work tirelessly to take care of all legal matters so you can focus on recovery. We promise our clients the following services:
- You will receive your attorney’s cell phone number and email. We want our clients to be able to reach us when needed.
- We offer free consultations. During this time, we can discuss the circumstances of your case and decide if we will move forward. At this time, we will be happy to answer any of your questions.
- We are a smaller firm, so we can give your case the time and attention it needs.
- We have extensive resources and experience fighting large companies in court. These companies include Walmart, Target, Publix, and many insurance companies.
- We have so much confidence in our abilities that we do not charge you unless we recover money for you.
- Our attorneys will negotiate to get you a fair settlement. If necessary, we are also prepared to fight for you in court to receive the compensation you deserve.
New Port Richey Pedestrian Accident Attorneys
Collisions between cars and pedestrians can have serious, and potentially deadly, consequences. Identifying all of the sources of insurance that may apply is an important first step in the case and requires the assistance of a pedestrian accident attorney.
If you or a loved one was injured in a pedestrian accident involving a motor vehicle, you may want to hire a New Port Richey pedestrian accident attorney as soon as possible. Please call our New Port Richey office today at (727) 451-6900 for a free consultation.