Compassionate Personal Injury Advocacy in South Florida
No one expects to be struck by a vehicle when you are out on a walk or crossing the street. If you were hit by a car, truck, bus, motorcycle, bicycle, or any other type of vehicle, you may be entitled to recover damages if the driver was behaving negligently.
When you come to our team at Jurney & De La Grana, P.A., you will receive our undivided attention. Our experienced Miami pedestrian accident lawyers will ensure you understand your legal rights and answer all of your questions. We pride ourselves on providing aggressive and personalized representation, and we are ready to fight for your right to compensation in and out of the courtroom. Our firm regularly consults with top specialists, investigators, and experts when building and strengthening claims. We know how to win in court, and we will do everything we can to obtain a favorable outcome.
Several Florida laws regulate how pedestrians and drivers are expected to behave and interact. Many of these rules require drivers to accommodate pedestrians whenever possible.
In many cases, Florida pedestrians have the “right of way” on the road. In other words, Florida drivers must make every effort to yield to pedestrians, particularly when they are using a crosswalk. If there are traffic signals, pedestrians must wait until a “walk” sign appears. If there are no signals or signs, drivers must yield to pedestrians whenever they enter the crosswalk. However, pedestrians are expected to wait until the “coast is clear” before attempting to cross.
Note there are some situations where pedestrians do not necessarily have the right of way in Florida. If tunnels or overhead walkways are available instead of a crosswalk, pedestrians are legally obligated to use these paths instead of attempting to cross traffic.
If there are no crosswalks or alternate routes, Florida law requires pedestrians needing to cross a road must do so using the shortest path possible. Pedestrians are expected to wait for the coast to be clear and move straight across the road as quickly as they can.
No matter the situation, Florida drivers are always expected to exercise “due care and caution” toward pedestrians – even when pedestrians do not have the right of way. If a pedestrian crosses the road without a crosswalk or tries to use a crosswalk when there is no “walk” signal, drivers still must attempt to avoid colliding with them.
These rules will likely influence the outcome of any personal injury claim involving pedestrians. Our Miami pedestrian accident attorneys have a deep understanding of these laws and can leverage our knowledge when building your case.
You will have up to four years from the date of the accident to file a pedestrian accident lawsuit against a negligent motorist. If an accident results in death, you will have two years from the date of the victim’s passing to pursue a wrongful death claim.
A successful pedestrian accident lawsuit in South Florida can help you recover compensation for:
- Medical expenses, including those related to ongoing care for catastrophic injuries
- Missed wages, including permanent reductions in earning capacity
- Physical and mental pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Property damage
- Punitive damages
Depending on the circumstances, the defense may argue you violated one or more Florida traffic laws and are thus partially responsible for the accident. Even if you did break a traffic rule, you can still recover damages under Florida’s comparative negligence rules. Your total damage award will be reduced by the percentage of “fault” determined by the court.
Our Miami pedestrian accident lawyers can provide the compassionate and results-oriented representation you deserve. We can anticipate and work to refute the defenses that often come up in these cases, and we will always fight for the maximum available compensation.
If you or a loved one have suffered serious injuries in a pedestrian accident, do not wait to discuss your legal options with our team at Jurney & De La Grana, P.A. Call (305) 600-3555 or contact us online today.
“What a great experience working with the offices of Jurney & De La Grana, P.A. They were understanding and very professional. The personalized service was beyond expectations. I highly recommend them to anyone looking for a great attorney.”- Ariel A.