If someone you love has been the victim of a wrongful death pedestrian accident in Florida, you may be feeling overwhelmed. It can be hard to know where to turn for help and what the next steps should be. Every case is different, but an experienced wrongful death lawyer can help ensure that justice is served and the responsible parties are held accountable.
Wrongful Death Pedestrian Accidents in Florida
Wrongful death pedestrian accidents are on the rise in the United States. In the latest report from the Governors Highway Safety Association, it was reported that as of 2021, there has been a 31 percent increase in pedestrian deaths in Florida, which is higher than the national average. Overall, pedestrian deaths are increasing more than other traffic fatalities throughout the entire country.
Common Causes of Florida Pedestrian Wrongful Deaths
- Distracted driving. The most common cause of wrongful death pedestrian accidents is distracted driving. Drivers may be distracted for various reasons, including using their cell phones or other electronic devices, drinking and eating, talking to passengers, or any behavior that takes their attention from the road. A driver may also be under the influence of alcohol or another substance, which can impair their judgment and lead to catastrophic results.
- Poorly designed crosswalks. Poorly designed crosswalks can be another factor in wrongful death pedestrian accidents. If a crosswalk is not marked correctly or there is inadequate night lighting, drivers may only see pedestrians crossing the street once it is too late. Also, if a crosswalk lacks adequate signs warning drivers that pedestrians may be present, drivers may fail to slow down before entering the intersection, which can lead to tragedy.
- Poorly maintained roads. Poorly maintained roads can also contribute to wrongful death pedestrian accidents. Potholes or uneven pavement can cause a car to veer off course, forcing the driver to make quick adjustments. This can distract them long enough to keep them from seeing a pedestrian and stopping quickly.
- Increased traffic volume. Increased traffic volume can make it difficult for drivers to spot pedestrians crossing intersections or walking along roadsides. It’s important for both drivers and pedestrians to remain vigilant when in and near traffic to reduce the chance of a wrongful death.
Filing a Wrongful Death Claim in Florida
If you believe your loved one’s death was caused by driver negligence or a non-maintained roadway or sidewalk, you may file a wrongful death claim against the at-fault party to obtain compensation. To win this type of lawsuit, it must be proven that the defendant was responsible for causing the death either through negligent behavior or intentional actions.
Wrongful Death Damages
Losing a loved one to a pedestrian wrongful death accident is devastating, and no amount of money will bring them back. But being compensated for expenses incurred from the death can help alleviate some of the financial stress. In Florida, wrongful death claims can include the following damages:
- Economic damages such as medical expenses, lost future income, lost retirement benefits, and funeral costs
- Non-economic damages such as pain and suffering and loss of consortium
Statute of Limitations
It is important to note that there are time limits associated with filing wrongful death claims, so it’s best to seek the advice of an experienced lawyer as soon as possible after your loved one dies. In Florida, you have two years from the date of your loved one’s passing to file a lawsuit to recover damages. If you fail to file a claim within the statute of limitations, your case will most likely be dismissed.
How a Florida Lawyer Can Help
Having an experienced attorney on your side during this difficult time can make all the difference when filing a wrongful death claim. An attorney can guide you through each step of the process while gathering the evidence needed to build your case. This may include police reports, witness statements, video footage, and medical records. A lawyer will also be able to fight aggressively on your behalf if negotiations with insurance companies fail or the court case goes before a judge or jury.
If your loved one was killed in a Florida wrongful death pedestrian accident, contact Browning Law as soon as possible. There are never any legal fees unless we win your case. To schedule an appointment, fill out our convenient online contact form, or call our office at (850) CALL-COY.