As pedestrians, there is little protecting us from any number of hazards. One such hazard is posed by a careless driver. Injuries sustained in a pedestrian accident can be severe and even life-threatening, requiring extensive rehabilitation and sometimes permanent alterations to the victim’s lifestyle. Boca Raton car accident attorney Michael K. Grife is dedicated to making sure that people responsible for such injuries are held accountable. Mr. Grife aggressively protects the rights of his clients, pursuing the compensation that they deserve.Establishing Liability for Florida Pedestrian Accidents
The Florida Department of Highway Safety and Motor Vehicles reported that in 2012, over 7,000 pedestrians were injured in car accidents, and approximately 500 pedestrians are killed in these collisions annually. Some of the most devastating pedestrian accidents happen at night, since visibility is less keen, and there are more impaired or fatigued drivers on the road. If you or a loved one has been injured in a pedestrian accident, you may be entitled to damages through a personal injury lawsuit or a wrongful death claim.
Various factors can contribute to a car crash involving a pedestrian, from a speeding vehicle to a driver under the influence of alcohol or drugs. Many of these factors can indicate a driver’s negligence in causing a collision. To establish that a defendant was negligent, an injured pedestrian, or plaintiff, must show the following elements:
- The defendant owed the plaintiff a duty to act as a reasonable and prudent person would have acted under similar circumstances;
- That duty was breached by the defendant;
- The breach was a proximate cause of the pedestrian’s injuries; and
- Damages resulted that are reasonably quantifiable.
All drivers owe other users of the road, including pedestrians, a duty of reasonable care. When a driver strikes a pedestrian because he or she runs a light, fails to yield the right of way, or is distracted by a phone, he or she likely would be found negligent. Other parties may also be held responsible for a driver’s negligence. For instance, a truck driver’s employer may be vicariously liable for damages if the trucker was acting within his or her scope of employment at the time of the accident.
Once negligence is proven, a victim can potentially recover damages for past and future medical costs, lost income and earning capacity, pain and suffering, scarring and disfigurement, and any other costs or losses that may have occurred. In Florida, the statute of limitations for personal injury claims is four years from the date of an accident, whereas wrongful death lawsuits must be filed within two years from the date of the victim’s death. Given the time-sensitive nature of these cases, consulting a knowledgeable attorney as soon as possible is important to making sure proper action is taken.Discuss Your Injury Claim with a Boca Raton Attorney
If you have been injured in a pedestrian accident, Boca Raton motor vehicle collision lawyer Michael K. Grife can help you determine your course of action. Mr. Grife assists injured individuals in Fort Lauderdale, Miami, West Palm Beach, and other cities throughout South Florida. Contact us online or call us at (855) 998-0770 to schedule a free initial consultation to explore your legal options.