On Wednesday, Feb 3, 2016, a 74-year-old pedestrian was struck[1] as well as killed past times an 86-year-old driver. The accident occurred at around 6:36 p.m. at a fourth dimension when the pedestrian was crossing Gulfport Boulevard, E of Beach Boulevard, inward Gulfport, Florida. The driver was traveling eastbound at the fourth dimension of the incident.
Florida Pedestrian Fatalities Double the National Average
Based on the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts reports, Florida had the highest pedestrian fatality rate[2] amid all states inward 2011, 2.60 pedestrian fatalities per 100,000 persons. Further, according to the Florida Pedestrian as well as Bicycle Strategic Safety Plan, prepared past times The Center for Urban Transportation Research at the University of Southern Florida, the 2011 Florida pedestrian fatality rates were nearly double the national average. In Pinellas County lonely at that spot were 483 accidents[3] involving pedestrians resulting inward the drib dead of 36 individuals inward 2015.
Steps to Take After a Clearwater Pedestrian Accident
• Medical Attention: If y'all or anyone else is injured, contact the constabulary as well as asking medical assistance. It is crucial to have proper medical attending equally before long equally possible afterwards an accident.
• Claim Against the Driver: If a pedestrian is hitting past times a vehicle, the driver is oft times considered to live at fault, fifty-fifty if the pedestrian was non inward a crosswalk.
• Claim Against the Municipality: Some vehicle-pedestrian accidents powerfulness live the mistake of the metropolis if at that spot was a failure of traffic command devices such equally halt lights.
Pinellas County PIP Insurance
If a pedestrian involved inward an accident owns a machine as well as has Florida’s mandatory PIP insurance, their injuries as well as lost reward volition live covered upwards to the amount of $10,000 dollars. If the pedestrian does non ain a car, the driver’s PIP insurance volition comprehend these expenses. Because pedestrian accidents tin number inward life-threatening injuries, it is possible that this insurance volition non live sufficient to comprehend the full amount of your accident-related losses.
Florida Driver Negligence inward Pedestrian Accidents
In some instances, a pedestrian injured past times a vehicle driver tin file a claim based on driver negligence. It may live necessary to demonstrate the following:
• The driver of the vehicle owed the pedestrian a duty of care.
• The driver breached this duty, either past times disregarding traffic laws, non paying attending to their surroundings, or driving recklessly.
• The pedestrian sustained a serious injury equally a number of this breach.
A driver may live considered negligent for whatsoever of the following:
◦ Pre-occupation as well as failure to pay attention;
◦ Failure to let on the speed limit;
◦ Failure to yield the correct of agency at cross walks;
◦ Failure to role plow signals;
◦ Violating traffic laws, including neglecting to halt at lite as well as halt signs; and
◦ Driving nether the influence.
It is of import to call upwards that Florida is a comparative negligence nation as well as then each political party involved inward the accident tin live financially responsible for a percent of the damage, depending on the flat to which they were at fault. An automobile driver involved inward a pedestrian accident may effort to examine that the pedestrian was partially at mistake for the accident to mitigate damages. Negligence on component division of the pedestrian may advert to whatsoever of the following:
- Darting out inward front end of cars;
- Failing to role dedicated cross walks;
- Failing to run into if it is condom to cross the street;
- Ignoring pedestrian signals at intersections.
Florida Wrongful Death
If a pedestrian does non live on an accident, their identify unit of measurement members may convey a claim on behalf of their loved i to recover compensation for damages. They volition live required to examine the same elements equally pedestrians pursuing a negligence claim on their ain behalf. An experienced pedestrian accident attorney volition assist identify unit of measurement members who select to file a arrange concord the negligent political party accountable for their actions.
Clearwater Pedestrian Accident Lawyers
If y'all or a loved i were injured inward a pedestrian accident involving a motor vehicle, it is of import to talk to a Clearwater pedestrian accident attorney equally before long equally possible. At the Dolman Law Group, our skilled accident attorneys investigate your example as well as protect your rights nether Florida law. Please telephone outcry upwards our component division at 727-451-6900 today.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 3375
(727) 451-6900
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