Apopka Pedestrian Accident Attorney
Apopka Pedestrian Accident Law Firm Securing Compensation for clients Injured in Apopka and surrounding areas.
Today, more people are out walking than ever before. For optimal pedestrian safety, the Federal Highway Administration recommends that sidewalks be at least six feet wide. In most cases, the sidewalks in Apopka are nowhere near that wide. Furthermore, many intersections have short red lights. That feature helps traffic move faster, but it makes it almost impossible for people with any mobility inhibitions to cross safely.
So, Apopka pedestrians are at risk whenever they cross the street. At the Benenati Law Firm, we cannot change sidewalk width or stoplight timing. However, we can fight for the compensation you deserve. Our tenacious legal team takes on insurance companies who try to use legal loopholes to deny what is rightfully yours. We do not stop fighting until we achieve the best possible results under the circumstances. You expect, and deserve, no less.
What Causes Pedestrian Accidents in Apopka?
Pedestrian victims are a lot like slip-and-fall victims. These individuals have no protection from danger. But whereas slip-and-fall victims must normally only contend with gravity, pedestrian victims must also deal with onrushing vehicles.
Indeed, vehicle speed is one of the leading indicators of pedestrian accident severity. If the tortfeasor (negligent driver) is travelling less than 30mph, the pedestrian death rate is less than 10 percent. But at 40mph or faster, the death rate catapults to over 90 percent. Even if the victims survive, they must usually deal with serious injuries, like:
- Broken Bones: Many times, the victim is pinned underneath the tortfeasor’s vehicle or smashed between the vehicle and a solid object. As a result, bones are crushed and not merely broken. Such wounds are difficult for surgeons to correct, and they also usually require long term physical therapy.
- Head Injuries: Pedestrians have no crash helmets or restraint systems to protect their heads. As a result, they often sustain permanent brain injuries. Extended physical therapy can often ease the symptoms, but these wounds are incurable.
- Nerve Injury: When people fall, they naturally extend their arms to break their falls. Because of the excessive force in pedestrian accidents, that reaction often causes permanent nerve damage in the vital brachial plexus area.
Damages in Florida pedestrian accidents usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available in some extreme cases as well. For example, the tortfeasor might have had a very high BAC level.
Insurance Company Defenses in Apopka Pedestrian Accidents
Victim/plaintiffs must establish negligence by a preponderance of the evidence (more likely than not) to obtain the aforementioned compensation. A preponderance of the evidence is the lowes burden of proof in Florida law. However, insurance companies fight tooth and nail to reduce or deny compensation in these cases.
Many insurance defense lawyers try to use the sudden emergency doctrine. This rule excuses liability if the tortfeasor:
- Reasonably responded to
- A sudden emergency.
The first prong is usually present in Apopka pedestrian injuries. But the second prog is a different matter. A jaywalking pedestrian is not a completely unexpected event, even if s/he “darted out into traffic.” Insurance company lawyers love that phrase. In this context, a sudden emergency is something like a hood fly-up or another completely unanticipated happening.
If the sudden emergency defense is unavailable, insurance company lawyers can still try the contributory negligence defense. This legal doctrine shifts part of the blame for the Apopka pedestrian accident onto the victim. Fortunately, Florida is a pure comparative fault state. Even if the tortfeasor is only 10 percent responsible for the crash, the victim still receives a proportional share of compensation.
Connect with an Experienced Lawyer
Pedestrian accident victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Apopka, contact the Benenati Law Firm. We routinely handle cases in Orange County and nearby jurisdictions.
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Whether you have suffered a serious injury because of another’s negligence, or you are suffocating under mountains of debt, a consultation with the Benenati Law Firm may prove to be extremely advantageous. We encourage you to call our offices today at 407-777-7777, or fill out our online form to request your free, no-obligation, and completely confidential case consultation. If you are unable to travel to our location during our office hours, we offer after-hours and home visits for your convenience, too.
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