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Recovery for Injuries Suffered by Pedestrian

Pedestrians struck by a car, truck or bus are an ever-growing percentage of fatal and non-fatal injuries nationwide. Dangers exist for them in many ways:

1. Being struck, while walking in crosswalks, crossing streets, on a sidewalk, or walking behind a backing car or SUV;
2. Too many drivers waiting to turn, focus only on traffic coming from one direction and fail to see a pedestrian walking within the crosswalk from the other direction;
3. Drivers attempting to enter or exit a parking lot fail to see a pedestrian walking along a sidewalk;
4. Drivers backing fail to see a pedestrian walking behind their vehicle; and
5. Drivers backing an SUV or car fail to see a child below their line of sight behind them.

While most people are aware of these dangers, the actual statistics are quite shocking. The Insurance Institute for Highway Safety reports, pedestrians account for 11% of motor vehicle deaths, making them the second largest category of vehicle deaths. The National Highway Traffic Safety Administration reports 4808 pedestrians were killed in traffic crashes in the United States in 2002 and 71,000 injured. Nearly one-fourth of those fatalities were children between the ages of five and nine.

That website further reports that injuries and deaths of pedestrians occur most frequently in three age groups:

1. children between 5 and 9;
2. adults 70 and older; and
3. people impaired by alcohol.

When pedestrians are hit, frequently they are thrown to the ground, onto the hood, against the windshield, under the vehicle or over its top. Injuries include:

1. death
2. broken bones and fractures
3. neck or back injuries with protruding or herniated disc
4. knee, leg and ankle injuries
5. nerve damage
6. head injury, including closed head injury, hemorrhage, subdural hematoma.

Injured pedestrians in Florida are entitled to no- fault/ personal injury protection (PIP) benefits. If the pedestrian owns a vehicle insured with no- fault coverage, their own PIP would pay a portion of their medical and wage loss expenses up to the limits of the policy. If the pedestrian did not own a car, the no- fault/PIP benefits of the at fault driver’s policy would be available to pay their medical and wage loss expenses. In cases involving death, death benefits are available from any applicable no-fault coverage.

When the driver of the car, truck or bus was at fault in the accident, they are liable to the pedestrian, or to their estate if death resulted. The injured pedestrian is entitled to compensation for mental and physical pain and suffering, scarring, disfigurement, road rash, inconvenience, loss of the enjoyment of life, as well as medical expenses incurred, and those likely to be incurred in the future. In the worst cases involving death, the estate of the deceased is entitled to receive damages provided under the Florida wrongful death statute.

The Law Offices of James W. Dodson is a pedestrian accident law firm serving Tampa, Clearwater, St. Petersburg, and all of Central Florida. If you have been injured as a pedestrian, or a loved one has died, you need answers to all of your questions. Call us today at 727-446-0840 or contact us online for a free consultation.

Why You Need James W. Dodson if You Have Been Seriously Injured in Florida:

• Jim Dodson is a member of the prestigious Million Dollar Advocates Forum,awarded to trial lawyers who have achieved a trial verdict, award or settlement in the amount of $1,000,000.
• He is a former U. S. Federal prosecutor, defending medical malpractice and personal injury claims.
• He served as an Assistant State Attorney as part of a special prosecution team.
• He has over 20 years of trial experience.
• He has achieved the highest possible AV® Peer Rating Review for legal ability and ethics.
• He offers a FREE evaluation of your case and legal consultation.
• No Fees until Florida personal injury attorney Jim Dodson wins your case.
         
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