Mr. Anelus Arre was going to meet his cousin who was going to give him some money for Mr. Arre’s trip out of the country. On the way to their meeting, the van Mr. Arre’s cousin was driving broke down in the southbound lanes of I-95. Mr. Arre came to his cousin’s aid and parked his car on the opposite side of I-95. As Mr. Arre attempted to cross the busy highway to get to his cousin, he was struck and killed; all according to Channel 7 News.
As a Ft. Lauderdale pedestrian accident and injury attorney, I have represented many people who have sustained very serious injuries following vehicle breakdowns. To help, Florida State University release tips to follow for pedestrians to follow after a vehicle breaks down:
Tips for When Your Vehicle Breaks Down
- The first consideration should be for the safety of yourself and your passengers
- Determine your location by noticing landmarks, signs , road markers, etc.
- Pull off the road as far as possible to the right and on level ground
- If you cannot get your vehicle to a location away from traffic or if you are uncertain about your safety and think your vehicle may be struck from behind, do not stay in the vehicle
- If you smell gas extinguish any lit cigarettes and exit the vehicle immediately
- Do not stand behind or directly in front of your vehicle
- Do not risk injury by attempting to push your vehicle to a safe location
- If you cannot pull off the road turn on the vehicle safety flashers, place flares or warning triangles directing traffic away from you
- Raise your vehicle’s hood and tie a brightly colored cloth, etc. to the antenna or door handle
- If you have a cell phone call for roadside assistance or help immediately. Make the call from your vehicle if you are safely out of traffic. Otherwise, call from a safe distance from the vehicle and the roadside
- In most circumstances if you are able to pull away from traffic, it is safest to remain in your vehicle until help arrives
- If you have no cell phone and must rely on the assistance of a stranger, have them notify the authorities for you
- Remain calm and cooperative when assistance reaches your location
Florida Pedestrian Accident Attorneys Recover for You
Serving Clients in Fort Lauderdale, West Palm Beach, Tampa and Fort Myers
Florida pedestrian accidents can result between a pedestrian and a truck, car, bus , bicycle or any other vehicle on the road. Pedestrian accidents may be caused by the negligence of the driver or pedestrian or by unsafe road conditions. If you are involved in a pedestrian accident anywhere in South Florida or the Tampa area, the experienced attorneys at Wolf & Pravato can help you to understand what your options are for recovering damages.
How Do Florida Pedestrian Accident Cases Work ?
Florida pedestrian accident cases are generally governed under tort laws. This means that to recover compensation for a pedestrian accident, you must prove there was negligence involved on the part of the person responsible. In some cases, if you believe your accident was caused by hazardous road conditions, there will be additional requirements as well as limitations on when and how you may sue the authorities responsible for road maintenance.
Proving negligence in most pedestrian accident cases involves showing that the driver who caused the Florida auto accident breached his duty of care and did not behave as any reasonable driver would have on the road.
It is the suing party’s burden to prove that negligence occurred, using things like police repots, expert testimony and photos from the accident scene. An experienced Florida auto accident attorney can help you to gather the necessary documentation and proof you need to successfully make your case.
Damages in Florida Pedestrian Cases
Florida has imposed no fault rules for Florida car accidents, which means that your damages and recovery may be limited unless your injuries fall within exceptions. Injuries that fall within exceptions include those that are very serious, those that lead to death, and those that are life long, debilitating or disabling. Disfigurement can also be considered to be a serious injury under Florida no-fault rules.
When your Florida auto accident injuries are not considered serious enough to allow you to recover outside of the no-fault system, you are limited to collecting damages for medical bills and lost wages. These damages will come from personal injury protection (PIP) coverage if you or someone in your home is insured. The responsible driver’s PIP coverage can also pay your damages in a pedestrian accident if you are not covered under any other PIP policies.
Ft. Lauderdale car accident attorneys, Fort Myers auto accident lawyers and other South Florida car accident attorneys understand these no-fault rules and can help you to make your claim.
Serious Florida Car Accident Injuries
When your Florida car accident injuries are serious enough, you may collect additional damages for your pedestrian car accident, including compensation for pain and suffering. These damages can be obtained through an out-of-court settlement or through a lawsuit brought by a Florida trial attorney specializing in car accidents and personal injury cases.
Getting Legal Help
The experienced lawyers at Wolf & Pravato have helped many Florida pedestrian accident victims to obtain justice. If you have been involved in a pedestrian accident, contact Wolf & Pravato for a consultation to learn what your legal rights are.