Palm Beach Gardens Pedestrian Accident Lawyer
With its beautiful coastline, sandy beaches, and miles of boutique shops, Palm Beach Gardens is a great place to get around on foot. Pedestrians, however, are at great risk when they make their way around the city. They are completely exposed and vulnerable without any protection from the heavy vehicles that can crash into them. It is for this reason pedestrians often sustain the worst injuries when they are involved in an accident. Below, our Palm Beach Gardens pedestrian accident lawyer outlines the dangers those on foot face, as well as how to prove your case if you have been hurt.
Why are Pedestrian Accidents So Dangerous?
Compared to collisions that involve two or more motor vehicles, those involving pedestrians are much less common throughout the country. Still, due to the fact that these accidents are some of the most severe, the fatality rates associated with them are much higher than those in other crashes. According to the Center for Disease Control and Prevention (CDC), almost 5,000 pedestrians are the victims of wrongful death after they are in a crash involving an automobile.
Due to the fact that pedestrians will suffer far more serious injuries than the accident victims, it is important to obtain sound legal advice if you have been hurt. An attorney can advise on whether you have a valid claim, who is liable for paying damages, and the full settlement amount you deserve.
Proving Liability After a Pedestrian Accident
Like the majority of other personal injury cases, you must prove certain elements of your claim after a pedestrian accident. These are as follows:
- Duty of care: Proving the driver who struck you owed you a duty of care is fairly easy. All motorists have a duty to ensure others around them are kept safe.
- Breach of duty: Establishing that the driver who hit you breached their duty of care is much more difficult. Essentially, you must prove the driver acted negligently.
- Causation: Identifying the negligent act is not enough. You must also prove the direct link between the negligent act and the accident, showing that the former caused the latter.
- Damages: A pedestrian accident claim is meant to compensate you for your injuries and other losses. If you did not sustain damages, you cannot file a claim.
Are Motorists Always at Fault for Pedestrian Accidents?
Contrary to popular belief, motorists are not always automatically at fault for pedestrian accidents. Pedestrians also have a duty to follow all traffic laws and take care to ensure they do not become hurt.
For example, if a pedestrian darted out in front of a vehicle without looking and the driver did not have time to stop, the pedestrian would likely be found at least partly at fault. In Palm Beach Gardens, as throughout the rest of Florida, you can still file a claim for compensation if you contributed to the accident. However, any damages you are awarded will be reduced by your same percentage of fault.
Our Pedestrian Accident Lawyer in Palm Beach Gardens Can Help You Claim Damages
If you have been hurt by a vehicle, you can file a claim for compensation to cover your medical bills, lost income, and more. At Smith, Ball, Baez & Prather, our Palm Beach Gardens pedestrian accident lawyer can accurately value your claim so you obtain the full and fair settlement you deserve. Call or text us now at 561-500-HELP or contact us online to schedule a free review of your case.
