Many traffic accidents involve people who were walking on sidewalks or going across the street and minding their own business when they were struck by a careless driver. Because drivers are required to exercise a general duty of care while on the roads, it is possible to file a lawsuit when a pedestrian is injured by a driver who was violating traffic laws regarding speed limits or stop signs. In some cases, a driver may end up in court by just not paying attention, which can still cause serious injuries.
Pembroke Pines pedestrian severely injured by truck
A teen from Pembroke Pines was hit by a pickup truck as he was walking to school. A 15 year old male was crossing the road on Taft Street near 105th Avenue when the driver struck him. Witnesses say that the woman driving the truck did not even realize there was a collision. Local residents claim that accidents are common in the area and an additional traffic light should be installed by the city. As a result of the incident, the victim was rushed to Joe DiMaggio Children’s Hospital and remains in critical condition. Local law enforcement is investigating to determine if any criminal charges will be filed against the driver.

Making a claim against a negligent driver
In most cases, a lawyer for a pedestrian can argue that the driver negligently operated their vehicle which caused injuries. Negligence is the legal term used to show that a breach of a duty of care caused injuries to someone. However, there may also be incidents of reckless or intentional behavior that result in traffic citations or criminal charges against the driver. In these cases, the relevant charges are helpful to a plaintiff because they are strong evidence of improper conduct by the driver. Witnesses to the incident may be able to give testimony in court or during a deposition about the visibility and road conditions, which can show that there was no reason to overlook the pedestrian. There are many things that can contribute to an accident, but as a general rule drivers are supposed to be alert enough to not hit anything and avoid collisions.
Another important aspect of these cases involves the doctrine of comparative negligence. Florida is a comparative negligence state. This simply means that in negligence cases, if a plaintiff is found to be partially at fault, their damages will be reduced relative to their level of fault in the accident. Some issues that may factor into comparative negligence in pedestrian accidents are the availability of crosswalks and whether or not they were used by the plaintiff, if the plaintiff had looked before stepping into the road, or if the plaintiff was jaywalking or otherwise acting in an unsafe manner near the street. This is a factual determination that needs to be made in each case, but a discussion with a lawyer should clear up any uncertainties.
Get help after an accident
Madalon Law is your best option for filing a lawsuit against a driver in Pembroke Pines and surrounding parts of Florida. Joseph Madalon and his staff have been successfully representing people in Broward County in lawsuits related to all kinds of accidents for a number of years.