South Florida Injury Lawyer Blawg
If you have been injured or you have recently lost a loved one in a pedestrian accident caused by someone else’s carelessness or wrongdoing, you can potentially sue the at-fault party. At the Law Offices of Robert Dixon, our highly skilled Miami pedestrian accident attorneys understand the specifics of Florida personal injury law and can use our experience to your advantage. The law firm you choose can make all the difference in your case.
The Report
Sadly, Florida has long been ranked one of the worst states for pedestrians and the situation does not seem to be improving. A recent Dangerous by Design report created by Smart Growth America and the National Complete Streets Coalition revealed that Florida ranked number one on a list of the most dangerous states for walking in the country for 2019. Between 2008 and 2017, there were 5,433 pedestrian deaths with an average of 2.73 annual pedestrian fatalities per 100,000. In addition, the report revealed that 8 out of the 10 most fatal metro areas for pedestrians were located in Florida.
Across the country, pedestrian deaths rose by almost 36 percent between 2008 and 2017, according to the report. In fact, almost 50,000 people died in pedestrian accidents over the course of the decade. This translates to over 13 pedestrian deaths a day and, unfortunately, the problem is getting worse. The report says that part of the problem is that our streets are designed for the movement of motor vehicles, not pedestrians, and legal policies and standards still construct roads that prioritize high-speed vehicles as opposed to safety for everyone on the road.
Establishing Fault After a Pedestrian Accident Case
Florida drivers have a legal obligation to exercise due care behind the wheel. This includes a duty to watch for pedestrians on the road. Unfortunately, most pedestrian accidents happen because of driver negligence. Negligence refers to conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm. Driver negligence can take many forms, including excessive speeding, disregarding cross walks, failing to stop at a stop sign and more. In order to win a negligence claim, the plaintiff has to show that the driver’s conduct fell below the standard of care and that the deviation from the standard of care was a direct cause of the pedestrian accident and resulting injury.
Time Limit to File a Pedestrian Accident Claim
Like every other type of claim, pedestrian claims are subject to strict time limits known as the statute of limitations. In Florida, a plaintiff has four years from the date of the accident to file a lawsuit against the at-fault party in civil court. Failure to file a claim within this time could mean losing your right to sue permanently.
Skilled Miami Pedestrian Accident Attorneys
If you have been injured or your loved one has been killed in a pedestrian accident, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami pedestrian accident attorneys are committed to resolving your case in both a competent and compassionate manner. With extensive experience in Florida personal injury law, we have seen it all. For a free consultation about your case, call us at 1-877-499-HURT (4878) or reach out to us online today.
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