Pedestrian Accidents

The weather is drastically warming as we approach the summer. At the same time, more and more people are spending time enjoying outdoor activities. With this, it is important to take caution as accidents, sometimes fatal accidents, can occur when least expected. Recently, in Winter Park, Florida, a van slammed into a man who was walking down a sidewalk near the intersection of 436 and Aloma Avenue. The van knocked the man to the ground and kept rolling until it slammed into a sign and then a fire hydrant. The van then flipped over onto its roof. One witness reports that the victim saved his girlfriend from being hit by pushing her out of the way.  The victim suffered from a broken leg and a head injury.

If you or someone you love has suffered injury at the fault of another person, you may be entitled to substantial compensation. To increase your chances of compensation, it is imperative that you hire an attorney for your case. The Miami personal injury at Gerson & Schwartz PA lawyers are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Florida’s Relevant Law

If you are injured at the fault of another person, you will, at a minimum, need to show that the person acted negligently. In Florida, this requires the showing of four key elements. First, you must show that the person at fault (“Defendant”) owed you (“Plaintiff”) a duty of care. In general, drivers owe a duty of safe, reasonable, driving to other drivers and pedestrians nearby.  Second, Plaintiff must be able to show that Defendant breached said duty of care. In the case of an auto accident case, Plaintiff may establish this by showing that Defendant’s careless driving created an accident. Third, Plaintiff must show that Defendant’s breach actually and proximately caused the accident. Proximate cause exists when the type of harm was foreseeable from Defendant’s conduct. For instance, a nearby pedestrian being struck and injured by Defendant’s vehicle is certainly foreseeable when Defendant’s is carelessly driving. Fourth, finally, Plaintiff must be able to show his injury. Unlike in battery and assault cases, injuries are not presumed in negligence cases.         


Statute of Limitations

Per Florida’s statute of limitations law, you have up to four years from the date of injury to file such a lawsuit. This must be strictly adhered to because if you do not file within this time limitations period, you are most likely barred from doing so.

Hire an Attorney for Your Case

If you, or your loved one, have been injured at the hands of someone else, it is imperative that you hire an attorney to increase your chances at adequate compensation. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. We continue our 43-year tradition of representing injury victims and their families. We are experienced Miami personal injury attorneys, resourceful advocates, and aggressive litigators for clients seeking to recover damages for the full extent of their losses from negligent individuals, business operators, and corporations.

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