Topic: Brooksville Injury Lawyer

Florida Pedestrians Hit By A Car Lawyer

Can I Sue For My Injuries If I am A Pedestrian Hit By A Car?

Your legal rights and duties as a pedestrian are in the Florida  Motor Vehicle and Traffic Safety Code.
Chapter 316
316.130 Pedestrians; traffic regulations.—
(1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.
(2) Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter.
(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
(4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.
(5) No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.
(6) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.
(13) Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(14) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
(16) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
(17) No pedestrian may jump or dive from a publicly owned bridge. Nothing in this provision requires the state or any political subdivision of the state to post signs notifying the public of this provision. The failure to post a sign may not be construed by any court to create liability on the part of the state or any of its political subdivisions for injuries sustained as a result of jumping or diving from a bridge in violation of this subsection.
(18) No pedestrian shall walk upon a limited access facility or a ramp connecting a limited access facility to any other street or highway; however, this subsection does not apply to maintenance personnel of any governmental subdivision.
(19) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation.

We Have Filed Lawsuits For Pedestrian Accidents Caused by  The Vehicle Driver Such As

Failure to yield to a pedestrian
Failing to obey the posted speed limit
Distractions such as cell phone and texting, eating, putting on makeup, and listening to music
Car equipment failure
Poorly maintained roads

We Have Filed Claims For the Following  Injuries:

Brain concussions, brain swelling, hemorrhages, and hematomas
Lacerations, contusions, and abrasions on the hands and face
Spinal cord injuries, Torn and sprained ligaments, fractures to the tibia, fibula and femur (leg bones), ribs, arms, hip and pelvis.
What  Should I  Do If I Am  An Injured Pedestrian

  • Call EMS
    First, get medical attention
  • Second call a police officer to the scene of the accident  to fill out a complete   report
  • Get the names of any witnesses and phone numbers
  • Contact the motorist’s insurance company, report the accident, and file your claim.
  • Speak to a pedestrian injury attorney





Premises Liability Lawyers-Slip And Fall Attorneys

Premises Liability- Slip And Fall Injury in Fort Lauderdale

Fort Lauderdale Slip and Fall Attorneys

A slip and fall accident in Fort Lauderdale may sound minor, but it can have serious consequences. A fall onto a hard surface or from a great height can cause brain damage, paralysis or even death. Even a less serious slip and fall accident in Fort Lauderdale can leave its victim injured and unable to work for weeks or months. When this kind of injury takes place on someone else’s property, due to that person’s carelessness, victims have the right to hold them legally responsible with the help of a Fort Lauderdale personal injury attorney.

Premises liability is the legal term describing cases holding property owners responsible for accidents created by dangerous conditions on their properties. For example, if a grocery store in Fort Lauderdale fails to clean up a spilled bottle of oil, and a customer slips and falls, that customer could file a lawsuit with help of a Fort Lauderdale premises liability attorney. This lawsuit would hold the grocery company legally responsible for the results of failing to address the dangerous condition on its property, including the customer’s injuries as well as medical bills and other costs.

In a situation like this, the property owner has a reasonable amount of time to handle the spill before it can be held liable, and of course, visitors must still take reasonable care about where they step. But by making property owners responsible for injuries resulting from an accident, the legal system gives them a reason to quickly clean up or warn about hazards. Our Fort Lauderdale personal injury law firm handles all accident injuries in Fort Lauderdale and the surrounding areas caused by a variety of hazards, including:

  • Debris left in walkways
  • Uneven floors, or holes and cracks in the floor
  • Staircases, balconies and landings without guardrails
  • Construction hazards without adequate warning
  • Swimming pools without legally required safety gates
  • Clear risks of violent crime

Premises liability in Fort Lauderdale applies to anyone who is invited onto property, including customers or clients at a business and citizens using public facilities like parks. It generally does not apply to trespassers. Our Fort Lauderdale slip and fall attorneys can handle cases involving injuries at any type of property, including:

  • Single-family homes
  • Apartment buildings
  • Retail stores
  • Restaurants
  • Hotels
  • Government properties, including sidewalks

If you were injured in Fort Lauderdale by dangerous conditions on someone else’s property, don’t wait to contact the experienced premises liability attorneys in Fort Lauderdale at J. Scott Gunn, P.A. Time is important in these cases, because preserving the evidence is crucial for proving your case later. When our Fort Lauderdale slip and fall lawyers take new cases, we always start with a thorough investigation of the accident and the circumstances behind it. This allows us to bring a strong case to the negotiating table or, if we aren’t offered a fair settlement, to a court of law.

The Fort Lauderdale Personal Injury law firm of J. Scott Gunn, P.A., offers free consultations to potential clients. To set up a meeting with our personal injury attorneys in Fort Lauderdale, call us toll-free at 1-866-285-4530 or send us a message through our website.