Pedestrian Accidents

Pedestrian Accident Litigators

According to the National Highway Traffic Safety Administration, 76,000 pedestrians were injured in U.S. traffic accidents in 2012. This number is alarming because, as you may suspect, pedestrian injuries caused by vehicle crashes can be brutal and severe. Not every pedestrian will walk away from the scene of an accident. When injuries, and even deaths, occur due to the fault of another, victims and victim families need skilled legal professionals to assist them.

Greenberg Stone & Urbano takes pride in its successful experience representing pedestrian accident victims and survivors. Firm partners Stewart G. Greenberg, Mark D. Stone, and Dennis N. Urbano have over a century of shared experience litigating personal injury and negligence claims. Our attorneys conduct and oversee investigations, negotiate with insurance companies, and advocate for victims to obtain full compensation for their clients. Once retained, our entire legal team acts expeditiously to secure important evidence to substantiate your case and maximize your chances of recovering monetary damages.

Although pedestrian accidents are caused by a wide variety of circumstances, too often, negligence on part of a vehicle driver is to blame. As prominent personal injury attorneys, our firm has significant experience with motor vehicle accidents. Greenberg Stone & Urbano has numerous resources and a wealth of litigation experience to call on while handling your legal claims. Devastating injuries like spinal cord injuries and traumatic brain injuries impact pedestrian accident cases, and our law offices employ leading attorneys in these fields. When more expertise is needed, our firm has an established network of medical experts and accident reconstruction experts to help us better understand your case and explain it to a jury.

Our attorneys know what it takes to procure the compensation and accountability clients deserve. An injured pedestrian is entitled to recover the past and future medical expenses, plus other compensation like lost wages, pain and suffering, and loss of enjoyment. It is important to our attorneys that they achieve the best possible recovery for you.

Common Causes Of Pedestrian Accidents

Pedestrians can be injured in a wide array of scenarios because they are extremely vulnerable when they must cross paths with motor vehicles. Successful litigation of a pedestrian accident lawsuit requires careful evaluation of the cause of the accident and the potential parties responsible. While there are many factors that play a role in pedestrian-vehicle collisions, some common examples include:

  • Drunk or drug-impaired driving
  • Lack of attention (i.e. distracted driving)
  • Speeding especially in areas where pedestrians and children are present
  • Running red lights and stop signs
  • Poorly designed roadways
  • Lack of crosswalk and pedestrian safety features
  • Failing to compensate for wet roadways or poor visibility
  • Refusing to yield to pedestrians at crosswalks
  • Declining to activate turn signals

When motorists violate traffic safety laws or otherwise fail to observe safe driving practices, the driver can be liable for damages. However, some pedestrian accidents occur because of the failure of municipalities, counties, or the state of Florida to provide safe roads that adequately protect pedestrians. If an unsafe crossing or another roadway defect contributes to a pedestrian accident, the public entity responsible for the design, construction, and maintenance of the roadway might share liability with a negligent driver. Our law firm carefully investigates the potential liability of public entities especially when the at-fault driver has no insurance or insufficient coverage.

Because we are committed to identifying all potential insurance sources to satisfy a judgment or settlement, we also explore the liability of other parties who might be responsible for a pedestrian accident such as the following:

  • Employer of the driver
  • Vehicle owners
  • Parties that loan the vehicle to an unqualified driver
  • Manufacturers of defective vehicles or components

Strategies Used To Avoid Liability In Pedestrian Accident Lawsuits

While there is a myriad of defense approaches that the insurance company for a driver might use to limit any recovery, the most common approach might be to attempt to shift blame to the pedestrian. Although pedestrians have the right of way at intersections and crosswalks, they still have a duty to exercise reasonable care for their own safety. If a judge or jury finds a pedestrian engaged in conduct amounting to comparative negligence, the amount of the injury victim's damages will be reduced in proportion to the fault assigned to the pedestrian. Common types of conduct that insurance company lawyers contend constitute comparative negligence by a pedestrian includes:

  • Pedestrian neglecting to use a marked crosswalk
  • Children "darting" in front of a motor vehicle
  • Failing to obey the "don't walk" signal at an intersection
  • Entering traffic at a nonintersection and disrupting the flow of traffic

Special Problem Of Child Pedestrians

Although people of all ages can be injured in pedestrian accidents, children face the greatest risk of being run down by a careless or inattentive driver. Children are prone to being hit by motor vehicles because they are less aware of the risk posed by motor vehicles. This limitation is based on the fact children have less familiarity and experience in judging traffic safety risks. Since children have less innate ability to judge speed and distance accurately, the law provides special protection to children who might not be considered negligent although an adult pedestrian would be found to have been negligent in the same situation. Insurance companies routinely rely on the "darting child" defense to claim that their insured could not have avoided the accident because the child stepped immediately into the pathway of their insured's vehicle.

When motorists fail to stop for buses that are loading and unloading children, slow their speed in school zones, and drive cautiously near parks and residential neighborhoods, a lack of prudent and safe driving might constitute a basis for imposing liability for injuring a child pedestrian.

Contact Our Miami Pedestrian Accident Attorneys Today For Your Free Consultation

The legal professionals at Greenberg Stone & Urbano have over 130 years of shared practice litigating pedestrian accident claims. Our attorneys have been voted "South Florida's Top Rated Lawyers" by the Miami Herald and are rated "AV" by Martindale-Hubbell*. They have been selected for inclusion in Super Lawyers list. Call Greenberg Stone & Urbano today to schedule your free consultation with one of our firm's attorneys — we understand the importance of your pedestrian accident case and want to assist you in pursuing your legal rights. Contact us through our website or call us at 888-499-9700 or 786-408-8973.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories - legal ability and general ethical standards.