Traveling by foot should not be a dangerous activity. However, many pedestrians are severely hurt when they are hit by a car, either in a crosswalk or elsewhere on the road. Car accident attorney Jarrett Blakeley at the Blakeley Law Firm represents people in Oakland Park and the surrounding areas who have been injured by careless drivers. Our firm is dedicated to fighting for the rights of injured individuals to the compensation that they deserve. Mr. Blakeley values his time with each of his clients, making sure they understand their legal rights and options.Pedestrian Accidents in Florida
The Florida Department of Highway Safety and Motor Vehicles has reported that almost 500 pedestrians are killed in motor vehicle collisions annually, and thousands more are hurt. All car accidents can result in injuries, but pedestrians who are involved are more likely to suffer catastrophic or even fatal harm. The costs of medical treatment for a victim can become overwhelming, and a personal injury claim to hold responsible parties liable may be necessary.Holding Drivers Accountable for Negligence
Often, insurance coverage is not enough to account for an injured pedestrian's medical costs and other damages. Therefore, a lawsuit may be appropriate to cover a victim's expenses, as well as holding a negligent driver accountable for his or her actions. To assert the right to compensation, a victim must prove negligence by establishing the following elements:
- The defendant had a duty of reasonable care;
- That duty was breached by the defendant's actions;
- The breach was the cause of the victim's injuries; and
- The victim sustained quantifiable damages.
In Florida, all motorists owe everyone else in the vicinity, including pedestrians, a duty of care to operate their motor vehicles as a reasonable and prudent person would under similar circumstances. A driver who speeds through a crosswalk or does not use proper lights in a storm or at night, and hits a pedestrian as a result, likely would be found negligent.
Other individuals or entities could also be defendants in a pedestrian accident claim. An employer may be held vicariously liable for the negligence of its employee if he or she was acting within the scope of his or her employment when the accident occurred. For example, if a truck driver was speeding in order to make a delivery on time and hit a pedestrian crossing the road, the company for which the trucker works could possibly be held liable.
Damages available to an injured pedestrian may include past and future medical bills, loss of income or earning capacity, and pain and suffering. Sometimes, this type of accident can be fatal. In these tragic circumstances, family members may file a wrongful death claim against those responsible to recover damages for burial and funeral costs and loss of consortium. Time is important following a pedestrian accident, since the statute of limitations for filing a personal injury claim is four years, and wrongful death claims must be filed within two years of a loved one's death.Consult a Pompano Beach Attorney After a Motor Vehicle Collision
Pedestrians should feel safe at all times, and when a careless driver fails to share the road properly, he or she should be held responsible for the injuries that ensue. Motor vehicle collision lawyer Jarrett Blakeley at the Blakeley Law Firm is dedicated to representing Pompano Beach residents and others who have been harmed by a negligent driver. We serve injured individuals in Miami-Dade and Palm Beach Counties, as well as throughout South Florida. You can contact us online to set up an appointment to discuss your options.