South Florida Personal Injury Lawyers Analyzing Pedestrian and Crosswalk Accident Injuries in Florida

 

Anyone who has spent time in Florida understands that pedestrians are a regular sight, especially in the state's larger cities. Not only do millions of tourists come to Florida every year to enjoy what it has to offer, but people who live and work here tend to take advantage of the climate at times and use their feet for healthy transportation. Unfortunately, this tends to lead to Florida pedestrian accidents, and many of them occur in crosswalks. Our Florida personal injury attorneys have represented pedestrians in crosswalk accidents for many years and work to compensate victims to the fullest extent of the law. 

 

At our law firm, we handle pedestrian accidents caused by:

 

  •     Negligent drivers
  •     Speeding drivers
  •     Drivers distracted by cell phones
  •     Drunk  and or impaired drivers
  •     Reckless drivers

 

Below you'll find information regarding Florida pedestrian accident statistics, the manner in which a negligence standard would apply to these situations, the types of damages that could become relevant for someone who has been injured in an Florida crosswalk accident and finally how you should proceed if you or someone you love has been injured in an Florida crosswalk accident and you need the help of an Florida personal injury lawyer.

 

Florida Pedestrian Accident Statistics

 

Unfortunately, pedestrian accidents in Florida occur at an alarming rate. Statistics indicate that every year, more than 1,500 such  accidents occur, and these accidents lead to more than 1,300 injuries and more than 100 fatalities. These overall numbers have remained relatively steady in recent years, and there is no indication that they will decline.

 

Our Florida Attorneys Prove Negligence in Florida Crosswalk Accidents

 

When someone is injured or worse in an Florida crosswalk accident, those who have been harmed may have legal options that include the filing of a personal injury lawsuit with the help of our Florida pedestrian injury attorneys. If such a lawsuit was filed, its result would largely depend on the specifics of the accident at issue. Those specifics will determine which party was negligent and whether comparative negligence is an appropriate consideration.

 

The most common defense used in pedestrian cases is that the pedestrian "came out of nowhere." We have successfully defeated  this defense in past cases through the use of accident reconstruction experts and human factors experts. Our experts have been able to establish that the driver of the automobile was simply not paying proper attention.

 

Crosswalks in Florida are governed by basic traffic laws. Pedestrians are allowed to cross the streets of the state inside these crosswalks and when a traffic signal allows them with the opportunity to cross. At intersections where there is no electronic traffic signal, pedestrians are expected to look both ways for oncoming traffic and to cross inside the crosswalk when it's safe to do so. 

Once a person is in a crosswalk and has entered it reasonably, that pedestrian has right-of-way relative to other travelers.

This tends to be where Florida crosswalk accidents occur at the highest rate. Motorists may assume that either they have the right-of-way in a particular situation or they misjudge whether or not their continuation on their path will put the pedestrian in danger. Another leading cause of Florida crosswalk accidents is when a motorist is distracted and does not see a pedestrian in the street. This type of gross negligence absolutely deserves the attention of an effective accident injury attorney.

 

Florida Crosswalk Accidents - Damages and Comparative Negligence

 

Generally, the situations described above would lead to a finding that the person that harmed a pedestrian was negligent, and would entitle the pedestrian to obtain damages that compensate him or her for medical costs, lost income and pain and suffering among other forms of compensation. However, there are situations where both a pedestrian and a motorist are at fault for an accident.

 

When this situation arises, Florida uses what's known as the comparative negligence standard. In these cases, the court will decide which party is responsible for which percentage of the total fault, and if the defendant is liable for any of the harm the plaintiff's damages are reduced by the amount that he or she was also negligent. These cases tend to arise when a pedestrian was crossing against traffic or suddenly darted into the street without much of an opportunity for the motorist to avoid the collision.

Here are a few safety precautions for Florida pedestrians to utilize in order to decrease pedestrian accidents:

 

Pay attention

A recent report from the Federal Bureau of Transportation Safety concluded that the pedestrian was solely at fault in 43% of car-pedestrian collisions and that both were at fault in 13% of collisions. You can significantly reduce your chances of death or injury by obeying traffic rules and being aware of dangers posed by cars in your vicinity. For example: 58% of pedestrian-car crashes occur while the pedestrian was crossing the street. Pay close attention to cars in your vicinity. Make eye contact with drivers if possible.

 

Don’t “Drink and Walk”

Unlike driving under the influence of alcohol or other drugs, walking will probably not result in the death or injury of someone else - but it could very well result in yours. As an inebriated pedestrian your chances of suffering an accident increase significantly.  If you’ve been drinking, take a cab or a bus, or let someone sober drive you home.

 

Take extra care at night and at dusk

Walking at night increases your chances of death or injury.  Drivers cannot avoid what they can’t see. When walking at night, wear  retro-reflective outdoor clothing or shoes or lights to make yourself more visible.  Avoid wearing dark clothing.  Most importantly, don’t assume that drivers can see you.  Always walk on the left hand side of the road or on the sidewalk.  This way, motorists can see you and will not be approaching you from behind. 

 

Provide proper supervision and training for children

Young children up to age 9 often lack the judgment and experience to make good choices when dealing with traffic. Their smaller stature also makes them harder for motorists to see. Adults need to take special care to teach children to behave safely when they  are around automobile traffic. Supervision is crucial through about age 9. Motorists are also responsible for child pedestrian safety. Slow down in school zones, near parks and pools and in neighborhoods. Parents dropping off children at school are a major threat to walking children and to those leaving motor vehicles. Stay cautious after dropping off your own child.

 

How an Florida Personal Injury Lawyer Can Help

 

Florida crosswalk accidents, as the statistics indicate, lead to a high rate of injuries and fatalities. If this includes you or someone you love, you need to seek the help of Florida personal injury lawyers who have been handling these types of cases successfully for many years. For more information call us today at 561-444-2260.

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Post-Traumatic Headache is one of the most common symptoms following trauma to the head or neck. Whiplash injuries often result in Post-Traumatic Headaches.  Fortunately, the majority of Post-Traumatic Headaches usually resolve in the weeks or months post-accident. Unfortunately, in many patients the headaches do not resolve and they become permanent.

 

Interestingly, the medical profession has found no relationship between the severity of the trauma and the severity and permanency of the Post-Traumatic Headaches. If Post-Traumatic Headaches are still being experienced consistently after 6-12 months post-accident, they are most likely permanent in nature.

 

Post-Traumatic Headache due to Whiplash

 

The International Headache Society has developed the following criteria for diagnosis of Chronic Post-Traumatic Headache due to Whiplash Injury:

 

A.    Headache, no typical characteristics known, fulfilling criteria C and D

 

B.    History of whiplash (sudden and significant acceleration/deceleration movement of the neck) associated at the time with neck pain

 

C.    Headache develops within 7 days after whiplash injury

 

D.    Headache persists for more than 3 months after whiplash injury

Post-Traumatic Headache due to Mild Traumatic Brain Injury

 

Post-Traumatic Headaches are oftentimes accompanied by other symptoms included in the diagnosis Post-Concussive Syndrome or Traumatic Brain Injury. These other symptoms can include, but are certainly not limited to the following:

 

  •     dizziness
  •     difficulty concentrating
  •     nervousness
  •     personality changes
  •     insomnia 

 

The International Headache Society has developed the following criteria for diagnosis of Chronic Post-Traumatic Headache due to Mild Traumatic Brain Injury:

 

A.    Headache, no typical characteristics known, fulfilling criteria C and D

 

B.    Head trauma with all the following:

 

1.  either no loss of consciousness, or loss of consciousness of less than 30 minutes duration

 

2.  Glasgow Coma Scale (GCS) greater than or equal to 13

 

3.  symptoms and/or signs diagnostic of concussion

 

C.    Headache develops within 7 days after head trauma

 

D.    Headache persists for more than 3 months after head trauma

 

The International Classification of Headache Disorders, 2nd Edition, Section 5.2.2 "Chronic post-traumatic headache attributed to mild head injury."

 

Post-Traumatic Headache 

If you are experiencing Post-Traumatic Headaches it is critical for you to track the intensity, duration and frequency of the headaches. This information is critical to your physician in properly diagnosing and treating your condition. Download the Post-Traumatic Headache Journal. This information is also invaluable to your personal injury case. Accurate recording of post-traumatic headaches will allow your attorney to chart out the frequency of your headaches and demonstrate to the jury just how significant the headache condition is for the injury victim.

 

If you or a loved one suffer from Post-Traumatic Headaches due to the negligence of another, be sure to contact an experienced Florida Personal Injury Attorney.

Contact an Experienced Post-Traumatic Headache Attorney. The personal injury attorneys here at the Law Offices of Lewis & Williams offer a free consultation. For more information, call us at your convenience at 561-444-2260.

 

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If you or someone you love has been involved in an accident resulting in a spinal cord injury, you may be entitled to compensation for your injuries and your pain and suffering. The personal injury attorneys at Lewis & Williams can help you. Their personal injury law firm has over 45 years of combined service representing victims of accidents including spinal cord injuries. They have won millions of dollars in damages for clients who have been victims of catastrophic injuries including spinal cord injuries.

Spinal Cord Injury or SCI is defined as trauma to the spinal cord which results in some loss of function. Each year, over 12,000 people sustain Spinal Cord Injuries in the United States alone. The average age at injury is increasing. Since 2000 the average age at injury is 38 years but the percentage of persons older than 60 years of age at injury has increased almost five percent. 

The Spinal Cord is a bundle of nerves that extends from the base of the brain to waist. It is protected by the Spinal Column, which is made up of the cervical spine, thoracic spine and lumbar spine. Usually Spinal Cord Injuries are due to trauma to the Spinal Column, which then causes damage to the nerves within the Spinal Cord. The approximate location of most Spinal Cord Injuries are as follows:

 

  •     Cervical Spinal Cord Injury - 50%
  •     Thoracic Spinal Cord Injury  - 30%
  •     Lumbar and Sacral Spinal Cord Injury - 20%

 

The majority of Spinal Cord Injuries are due to Motor Vehicle Accidents, Bicycle Accidents, Truck Accidents and Pedestrian Accidents,gunshots, sporting activities and falls.

 

You may be entitled to compensation for spinal cord injuries, including:

 

  •     Paraplegia
  •     Quadriplegia
  •     Fractured/ Broken Back
  •     Spinal Fracture
  •     Herniated Disc
  •     Spinal Cord Compression
  •     Paralysis
  •     Fractured Vertebrae
  •     Loss of Bladder or Bowel Control
  •     Loss of Sexual Functioning

 

Treatment of Spinal Cord Injury

 

Unfortunately, Spinal Cord nerves are unable to regenerate themselves. However, with advancements in technology and medicine, scientists and physicians are optimistic in looking towards the future of Spinal Cord Injury treatment as well as improvements in the quality of life for survivors of Spinal Cord Injuries. For more information be sure to visit the National Spinal Cord Injury Association (NSCIA).

 

You need an attorney who understands the physical and emotional pain victims of spinal cord injuries suffer. The team of experts and attorneys can help you to recover the damages you deserve enabling you to lead a happy and productive life. We work on a contingency fee basis, meaning you never have to pay us unless we win your case.

 

The personal injury lawyers of Lewis & Williams have won millions of dollars in damages for personal injury victims, including spinal cord injuries. Let the Florida spinal cord injury attorneys, at Lewis & Williams, help you. Make an appointment for a free case consultation. We’ll meet you wherever it’s convenient. For more information call us today at 561-444-2260. 

701 US Highway 1, Suite 101

North Palm Beach, Florida 33408 

561-444-2260 (Telephone)

 

   

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