More than 5,000 pedestrians were killed by cars and other vehicles in 2015, according to the Centers for Disease Control and Prevention. Another 129,000 pedestrians were given emergency treatment for non-fatal injuries.
If you or a loved one were struck by a car while walking on the sidewalk or crosswalk, you may be able to file a personal injury claim. Our Cape Coral pedestrian accident lawyers can help you get the compensation you need for medical bills, lost wages, and other damages.
Causes of Pedestrian Accidents
Unfortunately, there will always be drivers that don't pay enough attention to the road and pedestrians. Many pedestrian accidents happen because the driver was distracted by texting, talking on the phone, eating, fiddling with the radio, or other activities. Many people don't realize how far their cars can travel in the few seconds they take their eyes off the road.
Pedestrian accidents can also be caused by driving under the influence of drugs or alcohol, speeding, not obeying traffic signals and signs, not slowing down for weather conditions, or not yielding to pedestrians at crosswalks. A pedestrian accident lawyer can help prove the driver who caused the accident was negligent.
Florida law requires drivers to operate vehicles with reasonable care. When a driver violates this duty of care and injures a pedestrian, they become liable for damages. To move forward with a personal injury claim, our pedestrian accident attorney can help you prove that the driver owed you a duty of care. We'll then establish that this duty was breached and caused injuries and quantifiable damages.
Even if you are partially at fault for a pedestrian accident, you shouldn't drop your personal injury claim. While you may have been partially at fault, we may find that the driver had been speeding or texting. In this situation, the blame would be shared and you would receive compensation accordingly.
Filing a Wrongful Death Claim
The specific amount of damages that can be received will depend on the nature and extent of the loss. The court will examine a number of factors, such as whether the decedent was the primary wage earner, the amount of the decedent's earnings at the time he or she died, and the decedent's assets.
Surviving family members often seek compensation for funeral and burial expenses, loss of income and benefits, loss of companionship, medical expenses prior to the death, and conscious pain and suffering before death.
Statute of Limitations
The statute of limitations for a wrongful death action is shorter than for an ordinary personal injury claim. This rule sets the legal time limit within which an individual must file a lawsuit. In the state of Florida, the statute of limitations for a personal injury claim is 4 years from the date of the accident, whereas the statute of limitations for a wrongful death claim is only 2 years.
Our Legal Team
Our Cape Coral pedestrian accident attorneys can help you win the compensation you need for medical bills, lost wages, lost earning potential, wrongful death, and other damages.
No Fees Until We WinWe offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
Prioritizing Your Experience
As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases.
In Practice Since 1982We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.
"Answering all my questions and making me feel very important."Shannon D.
"Highly recommend."Rebecca M.
"There isn't enough stars for me to give."Lynn E.