When one car strikes another car, it frequently causes damage to both cars and can result in injuries to the drivers and any passengers as well. When a car hits a pedestrian, however, it often causes devastating injuries and, in many instances, will cost the pedestrian his or her life. While distracted driving is a commonly known cause of car accidents, pedestrian distraction can contribute to accidents as well. When a distracted pedestrian is struck by a car, it can be difficult to prove liability in a subsequent lawsuit against the driver. If you were hit by a vehicle while you were walking, it is crucial to retain an assertive Fort Lauderdale pedestrian accident lawyer to fight diligently to help you recover any damages that you may be owed. Joseph I. Lipsky will work tirelessly to help you seek the most favorable result possible in your case. Mr. Lipsky regularly assists pedestrians struck by cars in the pursuit of damages in Fort Lauderdale and throughout South Florida.Common Causes of Pedestrian Distraction and Ways to Avoid Injury
The same sources of distraction for drivers may distract pedestrians as well. For example, many people look at their phones while they are walking to look at social media sites or to send or read text messages. Additionally, people frequently listen to music when they are walking and may be unable to hear oncoming traffic. People may fail to observe or abide by traffic signals as well and may walk into traffic regardless of whether they have the right of way.
It is important for anyone who walks in an area where there is traffic to take steps to protect themselves. For example, it is prudent to refrain from looking at your phone or listening to music if you are walking. It is also vital to ensure that you have the right of way before proceeding, and even if you do have the right of way, you should check to make sure that no cars are traveling in your direction. If you are walking at night, you should wear reflective clothing. Above all, it is essential to pay attention and to be mindful of your surroundings.Recovering Damages in a Lawsuit as an Injured Pedestrian
If you were struck by a car while you were walking, and the driver of the car alleges that you were distracted in some way, it does not automatically mean that you will be unable to recover damages. Instead, if the driver's negligence caused or contributed to the accident, you may still be owed compensation for your harm. In other words, under Florida law, even if pedestrian distraction partly caused an accident, the victim is not prohibited from being awarded damages in a lawsuit.
If you are awarded damages, they will be reduced in proportion to any percentage of fault attributed to you. In other words, if you are deemed 30% liable, and you have incurred $100,000 in damages, you will recover $70,000. It is only if you are considered to be 100% liable, which is rare for an injured pedestrian, that you will not be owed any damages from the driver. A knowledgeable car accident attorney can assess the facts of your case and advise you on the best manner in which to proceed.Discuss Your Case with a Skillful Personal Injury Lawyer in Fort Lauderdale
When a person is hit by a car, it can cause both physical and mental harm, and often the harm is permanent. If you were injured in a pedestrian accident, it is essential to meet with a skillful attorney to discuss your accident and the compensation that you may be able to recover. Joseph I. Lipsky is a diligent South Florida attorney who has the experience and skills needed to help you prove that the driver who struck you should be held liable for your harm. Mr. Lipsky regularly assists injured pedestrians in lawsuits in the Fort Lauderdale area. He also represents injured people in cases throughout Palm Beach, Orange, Broward, Miami-Dade, and Monroe Counties, including in West Palm Beach, Orlando, Miami, and Key West. We have offices in Plantation, Miami, West Palm Beach, and Delray Beach. You can contact our offices via the online form or at 1-888-352-5298 to schedule a conference to discuss your potential claims.