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Pedestrian Killed in Fatal Hit-and-Run Accident in Florida

Pedestrian-friendly cities dot the landscape of the United States, but few are found in Florida. Unfortunately, most years, Florida is at or near the top of the list for pedestrian accidents. In fact, in 2017, Florida ranked second overall for both pedestrian deaths and number of accidents involving pedestrians. Experts believe that impaired driving could play a significant role in the occurrence of these types of accidents, as well as the rising use of cell phones.

Factors in Pedestrian Accidents

In the wake of a crash, you may find that one or more of these driving conditions played a role:

    • Pedestrian Accident FloridaDistracted driving
    • Speeding
    • Poor weather or traffic conditions
    • Driving under the influence
    • Failure to yield right of way to pedestrians

Pedestrians can also play a role in an accident, and these slip-ups can increase the likelihood or severity of an accident:

  • Not waiting for a “walk” signal at an intersection
  • Disrupting the flow of traffic by weaving between cars
  • Jaywalking and not using marked intersections
  • Unexpectedly darting in front of a car

Property owners may also be liable in a pedestrian accident. If there are poor lighting conditions, inconsistent signage, or other conditions that would otherwise make it dangerous for pedestrians, property owners may be partially at fault for crashes. The party responsible for maintaining the roads and sidewalks may also be found liable.

Damages of Pedestrian Accidents

Pedestrian accidents vary widely in severity, so it’s important to choose an experienced personal injury attorney who can properly assess your damages and figure out how much compensation to ask for. Medical expenses make up a significant portion of many claims, but for many victims, the damages of an accident do not stop there. You may also suffer lost wages and loss of future income if an accident requires you to take time off work, or worse, limits your ability to work. Attorneys may also ask for compensation for pain and suffering or loss of normal life, particularly if an accident leaves you in chronic pain or restricts your ability to partake in daily activities.

Recovering from an Accident

After an accident, you should seek medical attention immediately. Many injuries aren’t instantly visible, and a thorough medical exam is necessary to assess the effects of an accident. Furthermore, waiting to pursue medical care could make it more difficult to collect compensation for your expenses. Follow your doctor’s advice at all times. Trying to work or return to normal activities too quickly could slow the healing process and give insurance companies a reason to deny your claims.

Get the Help You Need After Being Victimized by an Accident

If you were a pedestrian who was been hit by a car, you need a skilled attorney on your side. Contact Fetterman & Associates today at (561) 923-8670 for a free case evaluation.

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Why Pedestrian Accidents Are on the Rise

Pedestrian Accidents Are on the RiseThe numbers don’t lie.  Since 1990, the number of pedestrian deaths in the United States has increased by 46%.  This is coming on the heels of an all-time record low back in 2009.  In fact:

  • In 2015, 5,397 pedestrians died
  • This number spiraled to 5,987 in 2016
  • In 2017, it’s estimated that over 6,000 people lost their lives

These numbers are staggering, and this is before you factor in the roughly 129,000 pedestrians who are injured on an annual basis.

So what’s fueling the increase?

Most experts attribute the increase to distracted drivers and pedestrians, and mainly to cell phone use.

Blame Is Across the Board

If you have been involved in a pedestrian accident, the most hotly contested issue will be who was at fault.  And this question can run the gambit, from the driver being the sole cause of the accident to you being 100% at fault.  In a vast majority of cases, it’s a combination of both parties being partially negligent.

Drivers are often distracted by a number of things, including talking on the phone, texting, putting on makeup and eating. And pedestrians have their own attention issues, from cell phone use and reading while walking to jaywalking and assuming that since they have the right-of-way, motorists will stop.

Who Is Truly at Fault?

Florida is a “pure comparative fault” state, which means that financial recovery in your pedestrian accident case will be reduced by whatever amount you are found to have been negligent.  So, for example, let’s say a jury found that the driver who hit you was 75% at fault and you were 25% at fault. If a settlement amount of $100,000 is awarded, you will collect $75,000.  If you are both found equally responsible, and the settlement amount awarded is $100,000, you will receive $50,000.

The Financial Losses Are Often Staggering 

After being hit by a moving vehicle, medical bills can start to add up very quickly.  And this is before you factor in loss of income during recovery, as well as potential lost future wages.

If you’ve been injured in a pedestrian accident, you may be able to recover compensation for:

  • Temporary injures
  • Permanent injuries/disabilities
  • Rehab expenses
  • Lost wages
  • Future lost wages
  • Job retraining, if needed
  • Pain and suffering
  • Mental anguish

Contact an Attorney Who Is Knowledgeable in Pedestrian Accidents

If you or a loved one has been hit by a car or truck, the consequences can be life-changing.  From endless medical bills to permanent disability, don’t try to seek financial recovery alone.  Contact a Florida law firm that knows how to handle pedestrian accident cases, and will fight for the compensation you deserve for the injuries you sustained.

At Fetterman & Associates, we have the expertise and experience needed to help you win your pedestrian accident personal injury case.  Call us today at (561) 693-3872 to schedule a consultation and complimentary case evaluation.

Pedestrian Accidents Continue to Go Up Across the State of Florida

Pedestrian Accidents LawAccording to a recent report from GHSA, the Governors Highway Safety Association, the total number of pedestrian wrongful death and injury accidents have increased significantly in the past decade. In fact, the number of wrongful death accidents due to pedestrian’s being hit has increased by 19 percent between the years of 2009 and 2014. Unfortunately, it is now clear that pedestrian deaths are now at the largest proportion when compared to all the other types of car accident fatalities for the past quarter of a century.

What the Study Says about Pedestrian Accidents

According to the aforementioned study, there has been an increase of 10 percent to the total number of pedestrian wrongful death accidents in 2015, compared to 2014, and these trends seem to be similar to what is happening between the years of 2016 and 2017, but the data for these years is not yet in place. In fact, the number of pedestrian wrongful death accidents have increased at a consistent rate of approximately 13 percent each year, since 2005.

What is somewhat surprising is that the state of Florida is considered one of just four states that account for almost 40 percent of all pedestrian versus motor vehicle deaths, with the other states being New York, Texas and California.

What is Causing More Pedestrian Accidents?

While the state has taken steps to help reduce occurrences of pedestrian accidents, the numbers are still going up. Many attribute this increase to the use of more and more technological innovations, which result in more people being distracted while behind the wheel. Some of the steps that the state has taken to reduce these deaths and injuries to pedestrians include:

  • Increasing the police presence
  • Providing more pedestrian education
  • Encouraging drivers to avoid using their phones while behind the wheel

In addition to cases of distracted driving resulting in pedestrian injuries and deaths, alcohol use also plays a role, as well as pedestrians who don’t pay attention to what is going on around them. In fact, these two factors alone account for approximately 50 percent of all pedestrian accidents that occur in the state of Florida today.

Attempts to Prevent Pedestrian Accidents

In the state, there have been steps taken to help safeguard pedestrians. Some of the methods that are being used today include:

  • Increasing the use of traffic signals
  • Providing signs on roadway overpasses
  • Providing pedestrian islands

Unfortunately, these efforts have not been as effective as many in the state would have liked, with a large number of people still suffering injuries and death due to these accidents.

What to Do If You are Involved in a Pedestrian Accident?

If you are ever involved in a pedestrian accident, or someone you love is killed because of this, then you may have the right to file a claim against the responsible party. The best way to know if this is possible is to contact an attorney who has prior experience with these types of cases. They can review the information of your case and help you proceed if a lawsuit is a viable option.

If you need help after a pedestrian accident, contact the team of attorneys from Fetterman & Associates by calling 561-845-2510.

Additional Reading

Driver Error is the Most Dangerous Behavior for Car Accident Personal Injury Claims

What You Need to Know About Vehicle Defects that Cause Car Accidents

Pedestrian Accidents: What Legal Options Do Injured Pedestrians Have in Florida?

Every two hours in the United States, a pedestrian is killed due to a traffic collision. While pedestrian accidents can happen to anyone, or any age, in the state of Florida, elderly individuals are especially vulnerable. Pedestrians who are over the age of 70 are twice as likely to be killed in a pedestrian accident than those who are under the age of 70.

Pedestrian Accidents

If you suffer an injury as a pedestrian, anywhere in the state of Florida, and it is a negligent driver who is responsible for your accident and subsequent injury, then you have the right to receive full reimbursement for your medical care and any accident related expenses that arise.

What to Do After Being Involved in a Pedestrian Accident?

If you suffer an injury as a pedestrian in the state of Florida, you need to contact the police immediately. Also, take pictures of the accident scene, as well as the car that hit you. If there are witnesses around, make sure to gather their names and contact information and contact your insurance company to let them know what happened. It is a good idea to get the driver’s name, contact information, insurance information and license information, if possible. The police are going to question you (the victim), the driver, and any witnesses to figure out who was at fault. In some cases, the police will determine who is at fault on-site, but in other situations they will conduct a full investigation to make a finding later.

Seeking Medical Treatment After Pedestrian Accidents: What May Happen if You Don’t

It is important that you don’t wait to seek medical attention. If you don’t do this directly after a pedestrian accident occurs, then the at-fault driver’s insurance company may assume that your injuries occurred before the accident, or that you did not suffer an injury because of the accident. If you do not seek immediate medical attention after a pedestrian accident, then the insurance adjuster may assume you weren’t really injured.

Some of the most common injuries that occur in pedestrian accidents include:

  • Fractures
  • Soft tissue injuries
  • Traumatic brain injuries

Covering the Cost of Medical Bills After Pedestrian Accidents

If you are injured in a pedestrian accident, there are several factors that will impact who pays the medical bills and other accident-related expenses. Florida is a no-fault state, which means the driver’s insurance company will pay all or some of the victim’s costs. If the injury doesn’t occur in a no-fault state, then the health insurer of the pedestrian will typically pay the medical bills.

If you have been involved in a pedestrian accident and need help recovering the compensation you deserve, contact our team of attorneys at Fetterman & Associates by calling 561-845-2510.

Additional Reading

How to Avoid an Auto Accident with a Self-Driving Car

Distracted Driving Leads to Personal Injury

Who is To Blame for Pedestrian Accidents at Night?

Pedestrian Accident LawyersAccording to research from NHSTA (the National Highway Traffic Safety Administration) a pedestrian is struck and fatally injured every 120 minutes in the U.S. A pedestrian is struck and suffers less severe injuries in some traffic related accident every eight minutes. Most of these fatalities, approximately 78% of them, take place in urban areas. Also, in most of these situations, approximately 72% occur while it is dark out. As a result, it is easy to assume that the risk of being struck by a vehicle increases when you walk at night.

The Risk of Walking when the Sun Goes Down

When you walk at night, you are increasing the risk that you are going to be involved in an accident with a car, truck, motorcycle or another vehicle. In some situations, you will be able to collect compensation for the injuries you suffer. However, this may not always be the case. To know for sure if you can recover compensation, you need to speak with a personal injury lawyer.

If you are injured in a pedestrian accident that is deemed to be someone else’s fault, there are several types of losses you can receive compensation for. These include:

  • Loss of your quality of life
  • Damage to your personal property
  • Physical and emotional suffering and pain
  • Any lost income (now and in the future)
  • Current and future medical expenses

In some cases, pedestrians who suffer severe injuries during an accident with a vehicle will suffer significant losses. There are some pedestrian vs. automobile cases that reach into the millions of dollars when compensation is finally given.

What Increases the Potential of a Nighttime Pedestrian Accident?

While countless factors may increase the potential for a pedestrian accident occurring at night, some of the most common include:

  • Pedestrians who are wearing dark clothing
  • Limited light and low visibility
  • Adverse weather or obstructed roadways
  • Drivers who are impaired
  • Perception-reaction time

Determining Who is at Fault in a Pedestrian Accident

In some situations, the driver of the vehicle may claim that a pedestrian suddenly appeared out of nowhere. They may try to use this excuse to deny the liability claim that has been filed. In order to prove this defense, you need to make sure your attorney calls attention to the human factors listed earlier, in addition to the environmental factors that may have been present when the accident occurred. It is important to note, there are situations where the driver is not completely to blame.

However, even in cases where the driver is not completely at fault, they still owe pedestrians a general duty of care to not operate their vehicle in a negligent manner. In most cases, working with a personal injury attorney is the best way to know whether or not you can receive compensation for the injuries and damages you suffered.

If you have more questions about a pedestrian accident case, contact the attorneys at Fetterman & Associates, PA by calling 561-845-2510.

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