AGGRESSIVE DRIVING ACCIDENTS
UNINSURED / UNDERINSURED MOTORIST CLAIMS
MEET OUR ATTORNEYS
Adam Baros, Esq
Jason Weisenberg, Esq.
CORAL SPRINGS PEDESTRIAN ACCIDENT ATTORNEY
Representing Pedestrians After An Accident
Walking affords not only a relaxing way to travel around throughout the day but also a number of health benefits. Unfortunately, being a pedestrian comes with a number of risks, including falling victim to a careless driver’s inattention or failure to obey traffic laws. Since a pedestrian lacks any protection from the outside world, the injuries that result from a collision with a vehicle can be severe and debilitating, or even result in a tragic death. Pedestrian accident lawyer Adam Baron can guide victims in Naples and other South Florida cities in bringing a claim against the driver responsible for their injuries and seeking the compensation that they need to get back on their feet.
Injured in a car vs. pedestrian accident in Coral Springs, FL? Let us help. We can fight for the compensation you need to recover! Call now to get started with a free consultation.
Who Is At Fault When A Car Hits A Pedestrian?
In a legal claim arising from a pedestrian accident, the plaintiff generally must show that the defendant operated his or her vehicle negligently. This standard is a legal concept and has been defined as requiring each of us to drive with the same ordinary care and skill that a reasonably prudent person would use in a similar situation. This also takes into account any material conditions that may have affected the defendant’s ability to drive, including severe weather, heavy traffic, construction, or other roadway hazards.
Breach Of Standard of Care
In most cases involving a motor vehicle collision, a violation of the applicable driving laws and regulations will constitute a breach of the standard of care, since a reasonably prudent driver would not violate the law without an exceptional reason. There is a wide range of laws that protect pedestrians, including rules requiring drivers to give pedestrians the right of way and to yield at stop signs and crosswalks.
After demonstrating that the defendant breached the standard of care, the plaintiff must illustrate that this breach was also the direct cause of the damages that he or she is seeking in the lawsuit. At this stage, an accident reconstructionist can potentially testify about how the defendant’s negligence created the accident and how the victim would not have been hurt but for the defendant’s lack of due care.
How Much Compensation Do You Get for a Pedestrian Accident?
Finally, the plaintiff must submit evidence supporting the damages that he or she is seeking. Typical types of compensation include:
- medical bills
- physical therapy expenses
- lost wages
- pain and suffering
- emotional distress
- loss of future earning capacity
Sadly, many pedestrian accidents result in catastrophic injuries or even death. The spouse of a severely harmed plaintiff can bring a claim called loss of consortium, which compensates him or her for the loss of his or her loved one’s society, support, love, and companionship. In the case of a fatal accident, the surviving family members also can bring a claim seeking compensation for the death of their loved one.