Bicycle and Pedestrian Accidents
For a variety of reasons, more people are choosing to bike or walk to their destinations instead of driving. There are many benefits to walking or biking, but sadly, there are risks associated with such activities as well, primarily caused by motorists who fail to give pedestrians and cyclists their due regard. Bicycle and pedestrian accidents frequently cause cataclysmic injuries, and people hurt in such collisions have the right to pursue damages from the people responsible for their losses, and they should consult an attorney as soon as possible. If you were hurt while biking or walking, the experienced Pensacola personal injury lawyers of Cardoso Law, PLLC, can inform you of your possible causes of action and aid you in seeking the maximum compensation recoverable under the law. We frequently represent people in Pensacola and throughout Florida in cases arising out of bicycle and pedestrian accidents.
Common Causes of Bicycle and Pedestrian AccidentsBicycle and pedestrian accidents often happen due to inattentiveness. For example, a person in a car might neglect to check to make sure the path is clear before opening a door and may open it in front of an approaching cyclist, causing a crash. In some cases, a driver will not notice a bicyclist traveling in front of or next to his or her vehicle and will collide with the cyclist from behind or when changing lanes. Similarly, pedestrian accidents frequently occur because a driver fails to observe a person walking in a crosswalk and proceeds or turns without stopping or slowing down, hitting the pedestrian. Factors such as fatigue, inexperience, advanced age, poor visibility, and intoxication generally make bicycle and pedestrian accidents more likely to occur as well. Parties hurt in bicycle and pedestrian accidents often suffer serious harm, like fractures, traumatic brain injuries, amputation and crush injuries, and hemorrhages. In many cases, they develop mental health issues as well.
Proving Liability for Bicycle and Pedestrian AccidentsCareless drivers cause the majority of bicycle and pedestrian accidents. Thus, people hurt in such collisions will usually pursue negligence claims against the drivers that caused the collisions in personal injury lawsuits. In Florida, a plaintiff asserting a negligence claim must show that the defendant owed the plaintiff a duty. In many cases, the duty owed is to act with reasonable care given the circumstances, but it can also be a duty imposed by a statute, such as the Florida laws pertaining to the operation of motor vehicles. The plaintiff must then establish that the defendant’s actions or failure to act constitute a breach of the duty owed. Finally, the plaintiff has to prove that the defendant’s breach proximately caused the plaintiff’s harm.
In many cases arising out of bicycle and pedestrian accidents, the defendant will attempt to argue that the plaintiff’s negligence caused the crash, and therefore, the plaintiff should be denied compensation. Under Florida’s pure comparative fault law, however, even if a plaintiff is found to be partially at fault for an accident, it will not preclude the plaintiff from recovering damages. Instead, any damages awarded will be reduced in proportion to the degree of negligence attributed to the plaintiff.
Consult an Experienced Pensacola AttorneyBicycle and pedestrian accidents frequently cause lasting and life-altering harm, but in most instances, they are avoidable, and only happen because of careless behavior. If you suffered while walking or biking, you should consult an attorney to discuss your potential claims. The experienced Pensacola attorneys of Cardoso Law, PLLC, take pride in helping people injured by the negligence of others in the pursuit of justice, and if you engage our services, we will fight tirelessly to help you seek a favorable result. Our office is located in Pensacola, and we regularly represent parties in personal injury lawsuits in Pensacola, Ferry Pass, Brent, Cantonment, Bellview, Century, Milton, Navarre, Gulf Breeze, West Pensacola, Jay, Crestview, Fort Walton Beach, and Niceville. We frequently represent injured parties in cases in other cities throughout Florida as well, including many in Escambia, Santa Rosa, and Okaloosa Counties. You can reach us by calling (850) 466-2073 or using our form online to set up a conference.