Pedestrian / Automobile Collisions
With about 8,084 auto – pedestrian collisions involving 7.551 injuries and about 504 fatalities per year, Florida leads the country in traffic collisions with pedestrians. Importantly, Florida does not have the most people or even the most pedestrians. Pedestrians that are injured by a car or truck must know that a personal injury attorney who is knowledgeable about the nuances of this specific type of case is important.
In my blog and other pages of this site, I have made a lot of comments about a theory of mine that we Floridians simply have a lot of distractions. Lets face it, we live in a beautiful state. We have more waterfront property than any other state in the lower 48 and warm weather year around. If you live here, congratulations, you've made a wise choice.
Now back to the car/pedestrian collision facts. Distracted drivers and pedestrians don't mix. When a 3000-7000 lb. car strikes a person, the forces are well beyond what our bodies ever had to experience in evolution without a fall off a cliff. Our bodies do not stand a chance. Broken bones, damaged muscles, ligaments, and tendons, brain injuries are some of the common injuries that I see in these type of collisions.
The ability of a car to inflict such terrible injuries to a pedestrian with so little inattention has been recognized by our legislature. In Florida, all decent personal injury attorneys know that a car is considered a "dangerous instrumentality," which means that when someone allows someone else to drive their car, the owner becomes automatically liable for all negligent damages the driver negligently causes. Lawmakers thought this would help us be more careful about who we allow to drive our car. It is important that the public know the rule, however because I rarely come across a non-personal injury attorney that knows that rule.
The practical affect of this law is that before lending your car to anyone including your kids, make sure your insurance is paid up and you have plenty of coverage. If they hit a pedestrian, they will injure that pedestrian. And the odds are that it will be a serious injury.
While it is not automatic that a car driver is liable for injuries to a pedestrian, for instance if a person wearing dark clothes darts out from behind an obstacle and the driver has no time to react, the fact is that all car drivers have a duty to be aware of their car, their speed, and their surroundings. They have a duty to yield to pedestrians as well.
If you or someone you know has been injured as a pedestrian by being struck by an automobile, it is imperative that you find a Florida personal injury attorney who knows how to handle automobile-pedestrian accident claims, and has the professionalism to meet with you one on one in order to work up your case properly. A consultation with me is free. You will owe me nothing unless I recover for you.
If you are an attorney and have an automobile pedestrian, do not wait until you are in over your head, or until the case is set for trial to call and obtain assistance. The trial will be costly and complex and I can help you to assist your clients.
Please contact me online or call toll free 888-821-3195 or 727-821-3195.