Seminole Pedestrian Accident Attorney
Since the weather in Florida is relatively mild most of the year, lots of pedestrians are on local sidewalks. These individuals have no steel cages, seat belts, or other protective systems to come between them and oncoming vehicles. Instead, they’re completely exposed to danger. As a result, the pedestrian fatality rate is much higher than the vehicle occupant fatality rate. To reduce the number of fatal pedestrian crashes, politicians have unveiled various traffic calming measures, like lower speed limits and speed bumps.
These measures, while they are certainly better than nothing, don’t address the underlying causes of pedestrian accidents, such as aggressive driving and impaired driving. Aggressive driving includes things like turning without looking and failing to maintain a proper lookout. Impaired driving includes things like driving while distracted or while dangerously fatigued. These two areas combine to cause about 98 percent of the car wrecks in Florida.
In this environment, victims need a determined Seminole pedestrian accident attorney from The Reep Law Firm to stand up for their interests. Since insurance company lawyers only care about insurance company profits, these lawyers do whatever it takes to reduce or deny compensation to victims. In contrast, our legal team does whatever it takes to obtain maximum compensation for your serious injuries. That’s because we only care about your well-being.
Legal Issues in Pedestrian Accident Claims
To obtain this compensation, attorneys must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. A bare-bones case usually isn’t enough to obtain maximum compensation. Minimum efforts usually produce minimum results.
The evidence in a personal injury claim must be strong enough to refute some common insurance company defenses, such as comparative fault and sudden emergency.
Contributory negligence shifts blame for an accident from the tortfeasor (negligent party) to the victim (innocent party). This defense comes up a lot because, in many cases, tragedies like a pedestrian accident have more than one cause.
In this context, comparative fault is basically the notion that the pedestrian didn’t watch where s/he was going. Even if a pedestrian has a green light, the pedestrian still has a responsibility to stop and look both ways.
This issue comes up even more often in virtual crosswalk claims. A pedestrian presses a button which activates flashing yellow lights. Motorists are supposed to stop when they see these lights, but many drivers don’t stop.
If jurors determine that both parties were partially at fault, the jurors must divide responsibility on a percentage basis, such as 50-50 or 80-20. Florida is a pure comparative fault state. Even if the tortfeasor is only 1 percent responsible for the wreck, a Seminole pedestrian accident lawyer can still obtain a proportionate share of damages.
Sudden emergency is like comparative fault on steroids. This legal loophole flips liability from the tortfeasor to the victim if the tortfeasor:
- Reasonably reacted to
- A sudden emergency.
Most people reasonably react to wrecks. They pull over and wait for emergency responders to arrive. However, pedestrian accidents aren’t a “sudden emergency.” This label only applies to completely unanticipated events, like an earthquake or lightning strike. Jaywalking pedestrians, like stalled cars, are everyday hazards that the duty of care requires motorists to avoid.
Connect With a Hard-Hitting Pinellas County Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Seminole pedestrian accident attorney, contact Reep, Coleman & Stubbendorff. Virtual, home, and hospital visits are available.