Carmen Gallardo
Traffic accidents involving pedestrians often result in serious injury or even death. Florida is among the 20 states in the country with the highest incidence of pedestrian accidents, so the number of crashes each year exceeds 9,000, while the number of fatalities exceeds 760.
The climate, the culture and the extensive miles of beach make this city an ideal place for walking, which undoubtedly influences the high number of collisions between pedestrians and cars, trucks, buses or bicycles. In the face of such an unfortunate incident, it is vital to have a Miami pedestrian accident attorney to ensure that your rights are respected.
Cases of accidents between people on foot and motor vehicles or even bicycles have unique characteristics and much more drastic consequences. Some of the aspects that influence the seriousness of these types of incidents are:
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), several heavily trafficked intersections have seen an increase in collisions, including:
The authorities point out that negligence on the part of the different actors on the road, the lack of adequate infrastructure, and the constant increase in traffic, are some of the fundamental causes of this problem, considered one of the most serious in the region:
When a pedestrian-vehicle collision occurs, the pedestrian's injuries are often more severe due to minimal protection.
Common injuries include:
The seriousness of these effects usually determines the amount of compensation that victims receive, once it has been proven whether or not they were responsible for the incident. These benefits should cover your medical care expenses, both immediately after the incident and in the future, including surgeries, if necessary, rehabilitation therapies and prescriptions, among others.
You may also receive compensation for lost wages while recovering or if you are forced not to continue in your job, or for the diminished quality of life if you are left with any long-term or permanent sequelae, and for other damages, material or emotional, that you may suffer.
In the worst-case scenario, if you lost a loved one as a result of such an accident, you have the right to file a lawsuit which, in addition to holding the guilty party legally responsible for the collision, would allow you to receive compensation to deal with the medical bills that may accrue and the spiritual aftermath of such an unfortunate event.
The characteristics of these situations can cause us, in addition to ending up physically injured, to become nervous and not know exactly what to do. That is why we recommend a series of simple steps that can make all the difference if you are hit by a motor vehicle and are then forced to file an injury claim.
First, and only, if possible, call emergency services to report the incident and request emergency medical assistance if you need it. If the police document the incident, it is advisable to obtain a copy of the official report. You can also collect contact information for the driver, his or her vehicle, the location of the incident and any witnesses. If you have photos, they can be very helpful in later parts of the process.
You should also be evaluated by a doctor as soon as possible, even if at first glance there are no serious injuries, as only a specialist can rule out internal problems. It is important that you keep all test and analysis results as material evidence for future claims.
Do not admit fault to the driver of the vehicle or to third parties as the authorities will be in charge of investigating the event. If you have pedestrian accident coverage, notify your insurance company and consult with an experienced pedestrian accident attorney.
If you or a member of your family was struck while walking down a street or public space, it is likely that you have suffered severe injuries, resulting in significant expenses and emotional impact. One way to overcome this havoc is to file a claim to deal with the consequences of the accident without additional financial burden.
As a result of your claim you can obtain two main types of compensation. On the one hand, we have the economic which are the costs of your immediate clinical care after the crash and in the future if you need physical rehabilitation or medication, to the deprivation of wages due to permanent or temporary inability to work and the consequent reduction in your earning capacity.
In these instances, non-material damages are also considered which are related to spiritual suffering, stress and even loss of consortium which refers to when the injuries affect your family or partner relationships. If the accident results in the death of the bystander, his or her family members are entitled to file a wrongful death claim that may include funeral expenses and a sum representative of the deceased's future income.
Having the best possible legal advice is vital if you or a family member was involved in a bystander traffic event. The laws are complex and there are very specific deadlines to file any claim, which in Florida is up to four years, so an attorney from our firm will make a difference in the amount of benefits you can receive.
At Gallardo Law Firm we are always available to answer your questions in a free initial consultation and to represent you in court, if necessary, with a firm strategy and strong evidence to support your claim. Do not wait and contact us as soon as possible. For your convenience, we have a team that is able to communicate in English or Spanish and will work tirelessly to maximize the compensation to which you are entitled. To do this we will:
Unfortunately, there is no exact timeline with respect to a pedestrian accident case as there are numerous factors that can determine the evolution of the process. One of the most important points is to have the assistance of an experienced attorney who can eliminate unnecessary delays.
Among the most influential elements is the severity of the injuries, because if they require a long period of rehabilitation, the process can be lengthened. Complexity also plays a role, especially when it comes to determining liability and gathering evidence to support the claim.
One of the most complicated moments is the negotiation with the insurers who tend to want to minimize the amount of compensation, hence this stage can be considerably lengthened and, if it fails, give way to a trial that will also add time, as these are usually lengthy procedures due to external factors such as the willingness or unwillingness of the parties to collaborate and the burden of the judicial system itself. In general, cases that do not go to litigation may be resolved in a few months, while in court the solution may take several years.
The amount you receive as part of the claims process will depend on several key elements. These include the type of insurance the driver has and whether you, as a pedestrian, have any additional coverage. Documentary evidence of the event, such as photographs, police records, witness statements or medical reports, is also relevant.
In addition, the severity of the injuries plays an important role, as well as the concept of comparative negligence. In that regard the regulations indicate that even if the bystander was partially at fault and was also injured, he or she may be entitled to compensation for pecuniary and not property damages.
This is because Florida is a comparative negligence state, which means that the total amount of benefits increases or decreases depending on the percentage of liability attributed to each party involved. For example, if you were walking and were hit by a car in which your driver was 60% at fault and you were 40% at fault, your award decreases by that same 40%.
Facing the aftermath of a traffic crash in which you were involved as a bystander can be overwhelming, so having the right legal team on your side makes all the difference. The pedestrian injury attorneys at Gallardo Law understand local and state laws thoroughly, so they know how to effectively navigate every part of the process.
A commitment to detail and dedication to maximizing compensation for our clients ensures that every victim is treated with the attention they deserve. If you are looking for tangible results and top-notch representation, do not hesitate to contact our firm today.
