Did you know that according to the National Highway Traffic Safety Administration, on average, a pedestrian is killed in some vehicle-related accident every two hours? A pedestrian accident is any accident in which a vehicle strikes a person who is not in a motorized vehicle—in other words, someone who is on foot or even someone on a bicycle. Despite this mind-boggling fact, who is responsible when pedestrian accidents occur at night?
Pedestrians should probably avoid walking at night as they are at a higher risk of being hit by a motor vehicle. If a pedestrian must walk at night, he or she should use due care in doing so. In certain cases, pedestrians can file for compensation for injuries they have sustained if hit. However, it is crucial that when you are involved in a pedestrian accident, you hire an experienced personal injury lawyer to review your case.
Examples of types of losses that are compensable in a Florida pedestrian accident case:
- Medical expenses
- Lost income
- Loss of quality of life
- Property damage
- Physical and emotional pain and suffering
Some factors that could lead to pedestrian accidents at night:
- Low visibility
- Impairment
- Pedestrians’ clothing
- Weather conditions
- Perception or reaction time
Assessing fault:
Often motorists deny their liability and claim that the pedestrian “suddenly popped out of nowhere”. Drivers may make the point that several factors played a role in causing the accident, in an attempt to excuse them from being at fault. However, there is indeed usually a presumption in the law that the one in control of a motor vehicle has the duty and control NOT to collide into a pedestrian or cyclist.
Albeit, motorists may not always be completely at fault in the case of a pedestrian accident at night, however, they still owe a higher responsibility of care to a pedestrian. Running a stoplight because you did not see it has never been a valid excuse for knocking a pedestrian over. However, if the streetlamps in the intersection were out and it was pitch dark, you could have a valid explanation for hitting the pedestrian although you are the one behind the wheel and should have used due care as would be argued by the victim, their family and the Law. So, an injured pedestrian can indeed recover some compensation in those circumstances. According to Florida’s personal injury law, injured accident victims can collect partial recovery when the fault is shared or apportioned. In this situation, it is important to have a professional personal injury lawyer on your side to ensure you receive your deserved compensation.
Seeking compensation for a pedestrian night accident
Accidents between pedestrians and vehicles often result in serious injuries that can leave a person with many lifelong effects and disabilities. A pedestrian can seek compensation for damages from an accident by negotiating a settlement with the liable party. This settlement process requires knowledge, focused skills, and evidence obtained through a thorough investigation of the accident scene.
You only have a window of opportunity to make your case, sometimes referred to as a statute of limitations, or be forever barred from making a case/claim and lose valuable rights. You should consult an attorney about those time limits…
So, you are not alone! Get in contact with a personal injury lawyer today and receive the compensation you deserve from your pedestrian accident injury claim.
If you’re ready to consult your personal injury attorney, contact Sokoloff & Weinstein, P.A., Attorneys at Law, a firm of experienced personal injury lawyers in West Palm Beach.
