Pedestrian Deaths or Injuries: Are You Entitled to Compensation?

Pedestrian deaths are not uncommon in the Tampa Bay area.  Our roadways are often shared with pedestrians either just trying to get from point A to point B, or merely taking a walk to enjoy the sunshine.  However, when drivers are not conscientious or aware of pedestrians, a peaceful walk can often turn into an unnecessary tragedy.

Just this June the St. Petersburg Times reported a pedestrian death that occurred on Gulf-to-Bay. Sadly, pedestrian deaths happen all the time in our community and families are left with stacks of bills, endless questions, and uncertainties about the future.

So what do you do if you or a loved one is injured in a pedestrian accident?  Many people think that if a citation is not issued to the driver of the automobile, they don’t have a claim for the pedestrian’s injuries.  But this notion is incorrect.  Even if a citation is not issued to the driver of the automobile that caused the injuries, you may still have a civil claim for your injuries or the death of a loved one.  The law in Florida for pedestrian death cases does not turn only on the issuance of a citation, but rather on a determination of negligence.  Basically, if it can be shown that the driver of the automobile was negligent in their actions, whether criminal or not, you may be entitled to compensation.  This applies not only to the pedestrian who is hit, but can also apply to his or her family members.

Although every case is different, negligence is often shown by evidence indicating that a driver was not paying attention to their driving, using a cell phone or even driving while intoxicated.   While the actions of the pedestrian are also taken into account, you need the help of an experienced attorney to help you determine if you have a claim for your injuries or the death of a loved one.  Contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes today for a free consultation if you or a family member is injured in a pedestrian accident. We see you through.

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