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. Car 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.Holding a Negligent Driver Responsible for Damages
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.
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.
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, and the 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.Discuss Your Car Accident Claim with a Naples Attorney
If you or a loved one has suffered injuries in a pedestrian vehicle accident, you may be entitled to compensation. Compassionate injury lawyer Adam Baron can provide victims and families in Naples and beyond with aggressive representation while also ensuring that they receive the personal attention that you deserve. I also proudly serve injured residents of Tamarac, Coral Springs, Miami, North Miami Beach, and other cities in Broward and Miami-Dade Counties. Contact us online or call us at one of our regional office locations to set up an appointment. We can be reached in Broward County at (954)-247-4878, in Miami-Dade at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.