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Platt Hopwood Russell & Cole PLLC Serving Brevard County and Florida's Space Coast Region
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Pedestrian injuries are no walk in the park

Every year, about 5,000 pedestrians pass away as a result of car accidents per the National Highway Traffic Safety Association. On that same note, around 76,000 pedestrians were injured in 2012 due to being struck by automobiles.

Pedestrian accidents all across the state of Florida can instantly cause injuries that result in long-lasting problems. Fortunately, if you suffered harm as a result of a carelessness driver, you have the right to seek justice.

A driver's responsibility

Every driver on the road has a legal duty to exercise a reasonable amount of care behind the wheel. If drivers do not do this, they are deemed negligent. Being negligent essentially means failing to take an action or to avoid an action that another reasonable person would have taken or avoided in the same situation to prevent somebody from being hurt. Several examples that represent driver negligence include the following:

  • Driving while intoxicated or under the influence
  • Not driving according to weather conditions
  • Not signaling while turning
  • Not following traffic signs and signals
  • Not allowing pedestrians to have the right of way while at crosswalks
  • Speeding
  • Texting while driving, or engaging in other distracting activities while behind the wheel

Proving negligence

Before you can recover damages after being the victim of one of these unfortunate incidents, you must be able to prove that the driver who hit you and caused your injuries was actually negligent. Establishing negligence is possible by proving the driver caused the accident, the victim was seriously hurt in the accident and that the driver who caused the incident breached a duty to protect the victim from being hurt either due to action or inaction.

Seeking damages in the aftermath of your accident

Following a pedestrian accident, you may suffer serious physical injuries, including broken bones, severe internal damage and even traumatic brain injury. This can lead to extensive rehabilitation costs and the inability to return to work for an extended period of time, which can take a toll on you financially, especially if you are your home's sole or primary breadwinner. In these situations, seeking the reimbursement of financial damages to which you are entitled may be extremely critical to your future.

Monetary compensation cannot undo the events leading to your accident-related injuries. However, it may help you to cover your medical bills and the loss of wages. A damage award may also help to address your pain and suffering as well as any emotional distress resulting from the unfortunate accident.

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