Estero Pedestrian Accident Lawyer
Various safety innovations, such as advanced airbags, protect vehicle occupants from serious injuries. Pedestrians have no such protections. Additionally, most pedestrian accidents happen outside intersections with marked crosswalks. So the tortfeasor (negligent driver) is traveling at or near top speed at the moment of impact. Vehicle speed might be the critical factor in most pedestrian injury claims. More on that below.
Fundamentally, most drivers have little regard for pedestrian safety. In contrast, to the diligent Estero pedestrian accident lawyer at Cardinal Law, the victim’s health and safety is all that matters to us. We address health needs by quickly connecting victims with doctors who competently treat their injuries. We address safety needs by forcing tortfeasors (negligent drivers) to accept responsibility for their mistakes. This result sends a powerful message to other drivers, reminding them that pedestrians have rights too.
What Causes Pedestrian Accidents?
We mentioned vehicle speed above. At impact speeds under 25mph, the pedestrian death rate is under 10 percent. At impact speeds above 55mph, the pedestrian death rate catapults to over 90 percent.
Driver inattention causes many pedestrian injuries as well. Most drivers pay attention to fast-moving cars and colorful traffic lights. Most drivers don’t pay attention to slow-moving pedestrians who often blend in with their surroundings.
Other kinds of aggressive driving in Lee County include changing lanes unsafely and making an illegal U-turn.
Frequently, the chain of events that ends in a pedestrian injury starts before the tortfeasor gets behind the wheel. Driver impairment, usually alcohol or drug abuse, clouds judgment and slows motor skills. This combination makes it almost impossible to safely operate a motor vehicle or other heavy machinery.
Estero Pedestrian Accident Lawyers and Liability Issues
To obtain the aforementioned compensation, an Estero pedestrian accident lawyer normally uses the ordinary negligence doctrine or the negligence per se rule.
Ordinary negligence is basically a lack of ordinary care. In Florida, an ordinary negligence claim has five basic elements:
- Duty: Most drivers have a duty of reasonable care. They must be at their mental, physical, and emotional best when they get behind the wheel. Then, they must drive defensively and avoid accidents if possible.
- Breach: Aggressive and impaired driving breaches the duty of reasonable care. Evidence usually draws the line between a breach of care and a one-off-accident. There’s a difference between swiping away a call on a cell phone and continual device use.
- Cause: The victim/plaintiff must prove, by a preponderance of the evidence (more likely than not) that the tortfeasor’s negligence substantially caused injury. A pre-existing condition might contribute to injury, as outlined above. But a pre-existing condition doesn’t substantially cause injury.
- Foreseeability: Basically, foreseeability is the possibility of injury. A pedestrian injury is a foreseeable consequence, if not a probable consequence, or driving aggressively or while impaired.
- Damage: In most cases, a case only holds up in court if the pedestrian suffered a physical injury, regardless of how slight. Some exceptions, such as negligent infliction of emotional distress, apply in some cases.
Negligence per se is the violation of a safety law, like the DUI law. If such a violation substantially causes injury, the tortfeasor could automatically be liable for damages. Additional evidence establishes the extent of injury and therefore the amount of appropriate compensation.
Connect With a Diligent Lee County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Estero pedestrian accident lawyer, contact Cardinal Law, P.A. The sooner you reach out to us, the sooner we start working for you.