South Florida Injury Lawyer Blawg
We have heard time and time again about the dangers of distracted driving, but what about distracted walking? With the increased use in cell phones, there has been a drastic rise in the number of distracted walking accidents. In fact, pedestrian-related accidents have become so common that there is a word for the phenomenon – pedextrians. If you have been injured in this type of accident, it is important to seek the help of a qualified Miami injury attorney who can assess the merits of your case.
Distracted walking refers to a situation when a pedestrian’s attention is somewhere other than his or her surroundings. These days, distracted walking often occurs when a pedestrian is so caught up in using their phone that they disregard the dangers around themselves and cause an accident. The American Academy of Orthopedic Surgeons (AAOS) conducted a study in 2015 and found that 78 percent of people involved in the study recognized distracted walking as a major concern. Beyond the hazards of slipping, tripping. and falling, being engrossed in one’s phone can also lead to serious accidents.
In order to file a pedestrian injury claim in Florida, you would have to demonstrate that the driver who injured you directly contributed to the accident. Even if you were distracted on your phone, you still may be able to recover compensation if it can be shown that the driver was negligent to a certain extent. Negligence is a failure to exercise reasonable care in one’s actions or omissions that causes direct harm to someone else. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. As a result, what is considered reasonable will vary depending on the specific facts of the case.
It is important to note, however, that accident cases are not always black and white. This is why Florida follows the pure comparative negligence standard, which means that your recovery will be reduced by the percentage attributed to your negligence. For example, if you are deemed to be 30 percent at fault for being distracted while walking, you will still be entitled to 70 percent of your total costs and losses. Thus, if your total damages were calculated to be $200,000, you likely would be able to recover $140,000. This system is designed to apportion liability based on fault among the parties in a lawsuit.
Once a plaintiff has established negligence, he or she will be able to recover damages. The exact amount of damages will vary according to the specific injuries sustained. Typically, a plaintiff will be able to pursue medical expenses, rehabilitation costs, pain and suffering, property damage, lost income, and more.
At the Law Offices of Robert Dixon, our Miami pedestrian accident attorneys have the skill, determination, and knowledge to handle your case. You can rest assured that we will make every effort to get you the compensation you deserve in your case. We are here to answer your questions and address your concerns. We proudly represent clients throughout South Florida. To learn more, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online today.
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