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If you are walking on a sidewalk or a crosswalk, you should be safe from harm. However, the negligence of people driving vehicles can cause you severe injuries. If you were a pedestrian and were hurt by another party’s wrongdoing, you can be entitled to financial compensation. There are laws that protect the rights of people walking as well as the ability to file for monetary damages if your rights are violated.
Our personal injury attorneys are here to help you pursue compensation for your injuries. We have 80 years of combined experience helping those who’ve been injured due to no fault of their own. Let an experienced Tampa pedestrian accident lawyer get to work for you.
How Pedestrian Accidents Happen in Tampa
Among the most common causes of Tampa pedestrian accidents include:
Distracted Driving
Whether walking near the edge of the sidewalk or crossing the street, pedestrians can get injured if a driver’s attention is not solely focused on driving. Distracted driving significantly reduces a driver’s ability to respond effectively and quickly to unanticipated situations, making pedestrians vulnerable to accidents and devastating injuries.
Unmarked Crosswalks
While many intersections have clear and designated signals and lines to help pedestrians cross safely, some do not. These unmarked crosswalks can be especially hazardous to pedestrians crossing.
Left Turns
In most cases, drivers are focused on oncoming vehicles when turning left, which can make them unaware of pedestrians at crosswalks.
Impaired Driving
Operating a motor vehicle while drunk or on drugs is illegal. Unfortunately, impaired driving is also a leading cause of pedestrian crashes and fatalities.
Poor Visibility at Night
While most pedestrian accidents resulting in injuries occur before 6 p.m., fatal pedestrian accidents typically happen between 6 p.m. and 11 p.m.
What Our Tampa Pedestrian Accident Lawyer Can Do For You
At Mickey Keenan, PA, our Tampa pedestrian accident lawyer knows how complex pedestrian crashes can be because of the various factors that may come into play, especially when serious injuries or deaths are involved. When we work on your case, we will use our experience and resources to build a solid case for maximum compensation so you can receive the financial recovery you deserve and need to get on with your life.
Our Tampa pedestrian accident lawyer will protect you from hurting your claim by guiding you throughout the entire process. They will assess your case thoroughly to make sure that any compensation offered to you accounts for all your pedestrian accident-related losses. They do this by:
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- Carefully investigating the accident
- Gathering and evaluating the evidence needed to develop your claim
- Identifying and seeking all compensation sources
- Working with experts to investigate your case, verify complex evidence, and calculate all the damages you are entitled to
- Negotiating fiercely with the liable party’s insurance carrier for maximum compensation
- Filing a lawsuit and fighting for your rights in a trial if needed
Damages You Can Seek in a Pedestrian Accident Claim
Our Tampa pedestrian accident lawyer will fight to recover compensation or damages to cover your:
- Medical Expenses – These include emergency services, surgery, hospital stays, prescription medications, doctor visits, physical therapy, home care, assistive devices, and other medical expenses associated with your injuries.
- Lost Income – These include any earnings you lose from not being able to work while recovering from your injuries and might lose in the future. You can also pursue compensation for reduced earning capacity if you have no choice but to work a lesser-paying job.
- Pain and Suffering – These are subjective losses you experienced due to the emotional and physical pain from your injuries. Various factors must be considered when calculating such noneconomic losses, including the seriousness and nature of your injuries, the liable party’s level of negligence, and how the accident has affected your life, among others.
Injuries in Tampa Pedestrian Collisions
If you are walking or running, there is nothing to defend you from the full force of a heavy vehicle. Life-altering injuries often result from a hit, even if the vehicle was traveling at a relatively low speed. Many car strikes may even be fatal.
Injuries common in these types of accidents include, but are not limited to:
- Broken bones and fractures
- Organ damage
- Cuts, lacerations, and road rash
- Loss of limb or amputation
- Paralysis and spinal cord damage
- Traumatic brain injury and concussions
- Wrongful death
Pedestrians are especially vulnerable to serious and deadly injuries. Our qualified Tampa attorneys understand how to seek compensation for you after a pedestrian collision.
Wrongful Death Lawsuits for Someone Hit by a Car
A sad truth is that many pedestrians are killed as a result of their collision. They are more likely to lose their life to a negligent driver than many other types of wrecks. If this happens, the surviving family members may be entitled to seek compensation for their losses. These losses might include grief, funeral costs, lost income, and many other forms of compensation.
Filing a wrongful death case takes particular knowledge and experience to properly handle the case. A grieving family in Tampa should work with one of our dedicated pedestrian injury attorneys to seek compensation after such a loss.
Laws to Protect People Walking
You should be able to walk without the fear of serious harm. You are afforded protections under state law to help keep you from getting hit by a vehicle. Florida Statutes § 316.130 lists the following requirements, among others:
- Pedestrians must walk on sidewalks when they are available
- Walkers have to follow traffic control devices which apply to them
- Pedestrians have a right of way at crosswalks
- Motor vehicles must stop for a walker in a marked path
- Drivers need to use caution to prevent harm to people walking
- Pedestrians must walk on the shoulder of a road if no sidewalk is available, and on the side facing traffic
These requirements must be followed by walkers and vehicles alike. Too many drivers fail to follow these rules and give pedestrians the space they deserve. This can result in horrific injuries that cost you your health, finances, and possibly your life.
In some cases, a negligent driver may attempt to shift blame to you. They may argue you failed to follow these laws or contributed to your own injuries. This is a common tactic, but one for which our pedestrian injury attorneys in Tampa are readily prepared to deliver results.
Contact a Pedestrian Accident Attorney in Tampa
After getting hit by a car, you are likely experiencing a great deal of physical, financial, and emotional pain. This is a difficult situation that can be improved by seeking compensation in your case. Someone getting hit by a car causes serious injuries, but you may be entitled to file a personal injury claim to help. Our skilled Tampa pedestrian accident lawyers can work hard to seek the best resolution of your case. Contact us today to learn more about your options.
Partially Responsible For Your Pedestrian Accident
Pedestrian accidents in Florida can have serious consequences, and determining fault can be a complex process, as our Tampa, FL pedestrian accident lawyer can tell you. In some cases, the pedestrian may be partially responsible for the accident. Florida follows a legal doctrine known as “comparative negligence,” which allows for shared responsibility between parties involved in an accident. If you find yourself partially responsible for a pedestrian accident, it’s important to understand how this can affect your ability to recover compensation for your injuries. Attorney Mickey Keenan founded his firm in 2014 to give back and help more clients.
What Comparative Negligence Means In Florida
Florida operates under a system of “pure comparative negligence.” This means that even if you are partially at fault for the accident, you can still recover damages, but your compensation will be reduced in proportion to your level of responsibility. For example, if a pedestrian is found to be 30% at fault for an accident, they are still entitled to recover 70% of the total damages. The key factor is how the fault is divided between you and the other party, which is typically determined based on the circumstances surrounding the accident.
There are various ways a pedestrian might be found partially responsible for an accident. For instance, if you were crossing the street outside of a designated crosswalk or walking while distracted by a phone, your actions may contribute to the accident. However, the driver may still bear the majority of the blame if they were speeding or not paying attention. Florida’s comparative negligence rule allows injured pedestrians to recover compensation even when they share part of the responsibility.
How Fault Affects Compensation
Our pedestrian accident lawyer in Tampa knows if you are partially at fault for your pedestrian accident, it’s important to recognize that your compensation will be directly affected by the percentage of fault assigned to you. After a pedestrian accident, your damages might include medical expenses, lost wages, pain and suffering, and more. Once fault is determined, your compensation will be reduced accordingly.
For example, if your total damages are $100,000 but you are found to be 25% at fault, you would still be able to recover $75,000. The remaining $25,000 represents the portion of the damages that you are personally responsible for due to your share of the fault.
The Role Of Insurance Companies
In many pedestrian accidents, insurance companies will play a significant role in determining the allocation of fault and the amount of compensation available. Insurance adjusters will investigate the accident, review police reports, and examine the facts to decide what percentage of the blame each party should carry. It’s important to be aware that insurance companies may try to assign more fault to the pedestrian to reduce their financial liability.
That’s why it is critical to have legal representation when dealing with insurance companies. An experienced attorney can help ensure that your rights are protected and that you are not unfairly blamed for more than your fair share of the accident.
Reach Out For Legal Support
If you’ve been injured in a pedestrian accident and think you may be partially responsible, you don’t have to face the situation alone. At Mickey Keenan P.A., we can help you fight for the compensation you deserve, even if you share some of the blame. We offer a fee guarantee, meaning we don’t get paid unless you do. Contact our Tampa pedestrian accident lawyer today to discuss your case and learn how we can help you move forward.