Pedestrian Accident Lawyer

Pedestrians struck by a car, truck or bus are an ever-growing percentage of fatal and non-fatal injuries nationwide. Dangers exist for them in many ways:

1. Being struck, while walking in crosswalks, crossing streets, on a sidewalk, or walking behind a backing car or SUV;

2. Too many drivers waiting to turn, focus only on traffic coming from one correction and fail to see a pedestrian walking within the crosswalk from the other direction;

3. Drivers attempting to enter or exit a parking lot fail to see a pedestrian walking along a sidewalk;

4. Drivers backing their vehicle fail to see a pedestrian walking behind them; and

5. Drivers backing an SUV or car fail to see a child below their line of sight behind them.

While most people are aware of these dangers, the actual statistics are quite shocking. The Insurance Institute for Highway Safety reports pedestrians account for 11% of motor vehicle deaths, making them the second largest category of vehicle deaths.

The National Highway Traffic Safety Administration reports 4808 pedestrians were killed in traffic crashes in the United States in 2002 and 71,000 injured. Nearly one-fourth of those fatalities were children between the ages of five and nine. (http://www.ok.gov/health/documents/Pedestrian_injuries.pdf)

They further report injuries and deaths of pedestrians occur most frequently in three age groups:

1. children between 5 and 9;

2. adults 70 and older; and

3. people impaired by alcohol.

When pedestrians are hit, frequently they are thrown to the ground, onto the hood, against the windshield, under the vehicle or over its top. Injuries include:

1. death

2. broken bones and fractures

3. neck or back injuries with protruding or herniated disc

4. knee injuries

5. leg and ankle injuries

6. nerve damage

7. head injury, including close to head injury, hemorrhage, subdural hematoma

8. scarring and disfigurement.

Florida is a no-fault state. The owner/driver of every vehicle operated within the state is required to maintain $10,000 of no-fault/personal injury protection ( PIP) benefits. These benefits pay a portion of medical expenses and lost wages due to injuries received by a motor vehicle. When someone is injured as a pedestrian in Florida, they are entitled to these no- fault/ PIP benefits. If the pedestrian owns a vehicle insured with no- fault coverage, their own PIP pays a portion of their medical and wage loss expenses up to the limits of the policy. If the pedestrian did not own a car, the no- fault/PIP benefits carried on the responsible driver’s policy is available to pay their medical and wage loss expenses. In cases involving death, death benefits are available from any applicable no-fault coverage.

When the driver of the car, truck or bus is at fault in the accident, they are liable to the pedestrian, or to their estate if death resulted. The injured pedestrian is entitled to compensation for mental and physical pain and suffering, scarring, disfigurement, road rash, inconvenience, loss of the enjoyment of life, as well as medical expenses incurred, and those likely to be incurred in the future. In the worst cases involving death, the estate of the deceased is entitled to receive damages provided under the Florida wrongful death statute.

The damages suffered by an injured pedestrian, or by their estate in cases resulting in their death, are often substantial. It is critical to learn the insurance coverage available to pay these damages by the insurance carrier for the driver responsible for the accident. When the responsible driver does not have enough insurance to pay all of the damages incurred, a claim may be made against the uninsured/underinsured motorist coverage carried by the pedestrian on their own auto policy, or the policy of a relative with whom they resided. Consumers must be aware of the need to carry adequate uninsured/underinsured motorist coverage on their own auto policy in order to adequately protect themselves from irresponsible drivers causing injuries, but who carried little or no insurance.

If you have been injured as a pedestrian, or have lost a loved one due to a tragic injury, you need your questions answered by someone you trust. For more articles like this bookmark www.PedestrianAccidentLawyer.net

Author: James Dodson

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