Florida Pedestrian Accidents | Alan Goldfarb, P.A. https://www.goldfarbpa.com Thu, 25 Jan 2018 19:06:30 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Two Pedestrians Hit And Injured In Davie https://www.goldfarbpa.com/two-pedestrians-hit-and-injured-in-davie/ Thu, 25 Jan 2018 19:06:30 +0000 https://www.goldfarbpa.com/?p=3379 Read More »]]> Two teenage pedestrians were reportedly hit and seriously injured while crossing the street near Western High School in Davie, Florida. The collision took place around the 1200 block of Southwest 136th Avenue. Reports indicate that the driver of a Dodge Neon hit two female pedestrians, who may have been students at a nearby high school, who were crossing the street, according to Local10 News.

The two teenage girls were transported to the Broward Health Medical Center with serious bodily injuries.

Sadly, reports of serious pedestrian accidents are fairly common in Florida. In fact, cities in the Sunshine State are routinely ranked at the top of Smart Growth America’s list of the most dangerous places to walk. Smart Growth America published a report titled “Dangerous by Design.” The report examined over 100 cities across the country. Of the top ten most dangerous metro areas in the entire United States, eight are located in Florida, according to City Lab.

Nationally, the numbers are not much better. For example, over 5,300 pedestrians were killed in collisions with motor vehicles in 2015. That equates to almost 15 lives lost each and every day of the year, according to Pedbikeinfo.org. In addition, there were close to 70,000 pedestrians seriously injured in collisions with automobiles in 2015. That represented a 15 percent increase in the number of pedestrian injuries when compared to accident data from 2006.

Common Injuries Suffered by Pedestrians After Being Hit by a Car

When someone is hit by a vehicle, even at a relatively low rate of speed, they could be at risk of suffering the following types of bodily injuries:

  • Traumatic brain injury
  • Spinal cord injury resulting in complete or partial paralysis
  • Low back injury
  • Internal bleeding
  • Fractured bones
  • Ligament tears
  • Neck, shoulder and knee injuries

Monetary Damages You Can Pursue Through a Pedestrian Accident Injury Claim

If you or a family member suffered a serious bodily injury after being hit by a motorist while crossing the street, you may be able to pursue monetary compensation for:

  • Medical expenses incurred as a result of the accident
  • Lost income and future earnings
  • Pain, suffering, mental and emotional distress, and other non-economic harms

In order to collect monetary compensation, your Miami crosswalk accident lawyer can assist you with filing a PIP benefit claim. These benefits are paid as part of the no-fault auto insurance system currently in place in Florida. There are a number of restrictions and deadlines for obtaining PIP benefits, so take action right away.

If your economic and non-economic damages exceed your PIP benefits or the driver’s PIP benefits, you can file a civil lawsuit to seek additional damages.

Contact a Miami Pedestrian Accident Injury Lawyer Now

If you or a family member suffered a serious bodily injury after being struck by a car, truck, or other vehicle in Florida, you need to take legal action right away. The Miami pedestrian accident injury lawyers at the office of Alan Goldfarb, P.A. are ready to help. Contact our office to schedule a free case review.

Resources:

local10.com/traffic/2-females-struck-by-car-near-western-high-school-in-davie-police-say

citylab.com/transportation/2017/01/why-florida-has-americas-most-lethal-roads/512954/

pedbikeinfo.org/data/factsheet_crash.cfm

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Pedestrians Hit and Seriously Injured in Miami Beach https://www.goldfarbpa.com/pedestrians-hit-and-seriously-injured-in-miami-beach/ Wed, 13 Sep 2017 20:07:36 +0000 http://www.goldfarbpa.com/?p=3216 Read More »]]> Four people, including an infant, were injured after a Jeep crashed into them in Miami Beach. The collision occurred on Collins Avenue just beyond 67th Street. Two adults and an infant had to be transported to Jackson Memorial Hospital’s Ryder Trauma Center with serious injuries, according to the Miami Herald.

Pedestrian Accidents are Quite Common in Florida

Pedestrian deaths are hitting disturbingly high numbers in Florida. As a result, the Sunshine State is the leader among the most dangerous for pedestrians in the entire country, according to a report published by Smart Growth America titled “Dangerous by Design”.

In Florida, between 2004 and 2014, over 5,000 people were killed after being hit by a car while walking. The death toll exceeded 1,508 in South Florida, according to the Miami Herald. Nationwide the numbers remain concerning. The total number of pedestrians killed nationwide between 2004 and 2014 exceeded 46,000. That means an American is over seven times more likely to lose their life as a pedestrian walking down the street than from a natural disaster. Here’s a shocking statistics – roughly thirteen people died as a result of being hit by a car each and every day in 2014.

If you or a loved one was hit by a car while you were walking on the sidewalk or crossing the street at a crosswalk, take the time to sit down with an experienced Miami personal injury lawyer to discuss your legal options.

Damages That Can Be Pursued in a Personal Injury Case

The types of financial restitution available through a pedestrian accident injury claim are typically broken down into three categories: economic damages, non-economic damages, and punitive damages

Economic damages are those itemizable harms you endured as a proximate result of the collision.

For example, they include your medical bills and lost wages as result of time missed from work. Non-economic damages those harms and losses that are more difficult to put down into a spreadsheet. They encompass your pain and suffering and mental anguish stemming from the collision.

An award of economic and non-economic damages is meant to return you to where you were before the accident. Essentially, they are meant to make you whole. In extreme cases, you can also pursue a third category of damages known as punitive damages. These are damages intended to punish the reckless driver. They are not typically recoverable in all cases. In fact, punitive damages are only recoverable by an injured party when there is clear and convincing evidence of intentional misconduct or gross negligence. Another challenge is the fact that the Florida legislature enacted a statutory limitation or “cap” on any award of punitive damages. Under Florida law, an award for punitive damages cannot exceed three times the amount of the award of compensatory damages or $500,000, whichever is larger.

Speak to an Experienced Miami Pedestrian Accident Lawyer Today

The experienced pedestrian accident lawyers of the Miami office of Alan Goldfarb, P.A. are here to help you recover maximum compensation for your harms and losses. Contact our office today to schedule a free, confidential case review.

Resources:

miamiherald.com/news/local/community/miami-dade/miami-beach/article161646953.html

smartgrowthamerica.org/dangerous-by-design/

miamiherald.com/news/local/article125588259.html

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Deadly Pedestrian Accidents On the Rise in Florida https://www.goldfarbpa.com/deadly-pedestrian-accidents-on-the-rise-in-florida/ Wed, 23 Aug 2017 14:08:16 +0000 http://www.goldfarbpa.com/?p=3193 Read More »]]> Recent data indicate that pedestrian and bicyclist deaths are on the rise at an alarmingly fast rate in Florida. The Governors Highway Safety Association released a study showing that Florida is on pace to have six hundred pedestrian accidents in only one year, according to MySunCoast. That means Florida has the second highest rate of pedestrian accidents in the entire country. Nationally, there were roughly six thousand pedestrian deaths in 2016. This would mean 2016 is the first year in more than two decades with over six thousand pedestrian fatalities. In 2017, there have been approximately 146 pedestrians killed in traffic accidents in Florida, and the year is not even over yet.

Pedestrians Often Suffer Serious Injuries in Collisions

When a pedestrian is hit by a car weighing thousands of pounds, the pedestrian usually suffers serious, potentially catastrophic injuries. Some common pedestrian injuries include:

  • Head wound or brain injury
  • Spinal cord injury
  • Nerve damage
  • Paralysis
  • Back injury
  • Broken bones and strains

Financial Restitution for Your Harms and Losses

If you or a loved one was hit by a car while crossing the street or walking on the sidewalk, you can pursue financial restitution for your harms and losses. Recoverable damages include:

  • Medical expenses (both incurred and future expenses)
  • Lost wages
  • Pain and suffering

In order to recover for these damages, you need to file a claim with the at-fault driver’s automobile insurance company. In Florida, all motorists are required to carry up to $10,000 in Personal Injury Protection (PIP) benefits. These are paid regardless of fault. If your damages are more than the available PIP benefit coverage, you will need to file a personal injury lawsuit to seek additional compensation. This will require your lawyer to present evidence that the driver was negligent and therefore liable for your harms and losses.

Statutory Deadline for Filing a Personal Injury Lawsuit

If you were hit by a driver while crossing the street or while on your bicycle, you do not get an infinite amount of time to pursue an injury claim against the at-fault driver. This is because Florida has a statute of limitations on the books that established a deadline for the amount of time you have to file a lawsuit in civil court.

According to Florida Statutes Annotated section 95.11(3), a personal injury claimant has four years from the date of the accident to file a lawsuit in a civil court. If you do not file your case within this period of time, a court will very likely refuse to let the case go forward and you will be unable to recover for your harms and losses. However, it is strongly recommended that you take action shortly after the accident and not procrastinate. This is because your Miami personal injury attorney needs time to investigate the accident, collect evidence, interview witnesses, etc. to strengthen your claim.

Contact an Experienced Miami Pedestrian Accident Lawyer Today

If you or a loved one was hit and injured while crossing the street or riding a bike, take the time to speak to the experienced pedestrian accident lawyers at the Miami office of Alan Goldfarb, P.A. We are eager to assist you with your case.

Resource:

mysuncoast.com/news/local/pedestrian-fatality-rates-on-rise-in-florida/article_8990bd64-1e26-11e7-b482-4fb5104a5d71.html

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