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Common Injuries in Pedestrian Accidents

November 3, 2023 Legal Team
pedestrian and bicycle sign posted with capition: Common injuries found in pedestrian accident cases

Accidents are terrifying and traumatic, but when an accident occurs between a 4,000-pound motor vehicle and an unprotected pedestrian, the results are often catastrophic and life-altering for the pedestrian who doesn’t have the protection of a seatbelt, airbags, and surrounding metal. Pedestrians aren’t perfect, but the majority of pedestrian accidents are the fault of negligent drivers. Distracted driving, speeding, aggressive driving, and driving under the influence are all common causes of pedestrian accidents. Whether the pedestrian suffers serious, disabling injuries or only mild injuries, they may experience significant financial impacts ranging from losing some of their hard-earned savings to serious financial hardship. A personal injury claim for a pedestrian accident can help.

Common Injuries Suffered by Pedestrians

When a car hits a pedestrian, even at a slow speed, the pedestrian can suffer horrific injuries or death. If your loved one was killed by a negligent or reckless driver in a pedestrian accident, a wrongful death lawyer can help immediate family members gain compensation and justice. Injuries in pedestrian accidents range from mild to catastrophic or fatal, including the following common injuries:

  • Head injuries and traumatic brain injuries
  • Fractures, including of the limbs, hips, pelvis, ribs, and collarbone
  • Spinal cord damage
  • Crushed limbs and traumatic limb loss
  • Internal injuries
  • Facial injuries and broken teeth
  • Soft tissue damage like sprains and torn ligaments
  • Bruises, cuts, and road rash abrasions

Pedestrian accident injuries commonly require painful and expensive medical procedures, surgeries, and often ongoing physical therapy until the victim maximizes their recovery. In some cases, they leave victims with permanent disabilities or impairment.

Liability in Pedestrian Accidents

Pedestrians must follow traffic laws, including crossing at crosswalks and yielding the right of way to traffic already present in the crosswalk; however, drivers have a duty of care to prioritize pedestrian safety even if a pedestrian fails to adhere to traffic laws. Florida’s comparative fault insurance liability system requires documenting evidence to prove the at-fault party liable for damages. In pedestrian accidents, this typically means demonstrating the following legal points of liability:

  • The at-fault motorist owed a duty of care to take reasonable measures to prevent causing injury to pedestrians on the road
  • They breached this duty by acting with negligence or recklessness
  • This breach of duty directly caused the pedestrian’s injuries
  • The pedestrian suffered significant damages from the injury, including economic damages like medical bills and lost income, and non-economic damages like pain and suffering and emotional trauma

Even if a pedestrian is partly at fault for the accident, they may still recover a portion of their damages minus their percentage of fault. For example, if a pedestrian’s damages amounted to $100,000 but they were found to be 25% at fault, they’d still recover $75,000.

Seek Legal Advice from Experienced Personal Injury Attorneys

It’s important to seek experienced legal counsel for this type of accident claim since insurance companies sometimes take unfair advantage of the comparative negligence system and attempt to assign injury victims a greater percentage of fault than they’re due. This helps to minimize the amount they pay out and protects their profits.

In the aftermath of a pedestrian accident, seeking the guidance of an experienced attorney becomes paramount. The pedestrian accident attorneys at Shapiro | Delgado | Hofmann, serving Sarasota and Bradenton, specialize in navigating the complexities of these cases.

Our experienced attorneys are well-versed in countering such tactics with substantial evidence. They know how to build a compelling case that maximizes the potential compensation for a pedestrian accident victim’s damages. With a deep understanding of the intricacies involved, our legal team is dedicated to ensuring that you receive the rightful compensation, addressing medical expenses, lost wages, and other damages resulting from the incident.