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Miami Pedestrian
Accident Lawyer

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You Deserve Justice

Florida drivers have a responsibility to watch for pedestrians, especially in crosswalks, near playgrounds, school zones, residential streets, parking lots, and other areas where people gather. Unfortunately, when a driver fails to follow the rules of the road, it creates pedestrian accident victims and they are always the one who suffers the severe injuries.

At Dolan Dobrinsky Rosenblum Bluestein, LLP, a Miami pedestrian accident law firm, we are here to hold careless drivers and their insurance companies accountable for the harm they cause to any and all pedestrians throughout south Florida. Genuine, caring, and experienced representation has earned our law firm a reputation for providing exceptional personal service and attention at a time you need it the most. To arrange a free consultation, call (305) 371-2692or complete our online contact form. Our Miami pedestrian accident lawyers have recovered hundreds of millions of dollars of compensation for injured people throughout South and Central Florida for spinal cord injuries, brain injuries, and other medical bills that have accrued from the accidents. We also represent family members in cases of pedestrian fatalities and wrongful death.

Common Pedestrian Accident Injuries

It’s no secret that when a person is put up against a moving vehicle, that person is most vulnerable. These type of accidents cause catastrophic injuries and even death. Our pedestrian accident attorneys have won many pedestrian accident cases and have seen a ton of different injuries. But, here are some of the most frequent ones we see:

Abrasions & Scars

After being hit by a vehicle, a pedestrian can skid across the asphalt, damaging any exposed areas of skin. One of the worst abrasion injuries is “road rash,” which describes a condition where layers of skin are literally peeled off the body. This is a common injury that many Miami personal injury lawyers see. These abrasions can lead to scarring and infection that can cause issues for the victim for many years.

Brain Injuries

Unlike motorcyclists or bicyclists, pedestrians are not wearing helmets at the time they are struck by the motor vehicle. Consequently, they can slam their head on other vehicles, the curb, or other objects. Brain injuries are very common and can be very devastating.

In some of the worst injury victims in a pedestrian accident suffer from bleeding on the brain, which increases the pressure that must be relieved by medical professionals . Other people will suffer symptoms of a concussion, such as a loss of consciousness, difficulty talking and remembering impaired movement, and personality changes.

Brain injuries warrant immediate medical intervention. Pay attention to headaches, cloudiness and dizziness that you feel after an accident and get to a hospital immediately.

Fractures

Many pedestrians through out Miami Dade County suffer broken arms, legs, hands, and feet. Most pedestrian accidents don’t end up with fractured ribs, but it is something that can happen. Fractures are painful on their own, but they can raise a host of complications including pressure on nerves and damaged soft tissue, like muscle and ligaments. Some bones will slice through arteries and lead to uncontrolled internal bleeding.

The most obvious signs you have a broken bone are pain and any deformity of the affected limb. A doctor can order imaging tests to identify the full extent of the damage.

Internal Organ Damage

Pedestrians can suffer traumatic injuries to internal organs, such as their lungs and kidneys. If in the case that you do suffer from fractured ribs, they can puncture all sorts of organs and cause problems that can last for years. Abdominal pain is a key sign that you might have injured some of your organs.

Spinal Cord Damage

The vertebrae surrounding the spinal cord can shatter or fracture, leading to pressure on the spinal cord and the nerves that branch off from it. Sometimes the traumatic impact from the vehicle itself is enough to cause damage, whereas other pedestrians are injured when they are flung against the curb or cars. Some pedestrians will never walk again after a collision do to the spinal cord being severed.

Over 1,000 pedestrian accidents happen in Miami each year making it a dangerous place to walk in. If a vehicle struck you while you were walking due to their lack of following the speed limit or other traffic laws, please contact Dolan Dobrinsky Rosenblum Bluestein today. One of our Miami pedestrian accident lawyers will help you understand your legal rights, whether or not you have a case, and help open your pedestrian accident case if you do have one!

Holding Aggressive and Negligent Drivers Accountable

In the aftermath of a car-pedestrian collision, police officers often hear the driver’s version of what happened, but the pedestrian who has been struck is usually too injured to say anything at the time of the accident. Our experienced Miami pedestrian accident lawyer has worked with accident reconstructionists and other experts to build the strongest possible case of negligence against the driver or operator for the financial compensation you deserve!

There are very few excuses for striking a pedestrian. In the majority of cases, the driver was either fully or partially at fault. Examples of driver negligence in pedestrian accidents include:

  • Striking a pedestrian in a crosswalk
  • Striking a pedestrian when turning
  • Failing to watch for pedestrians in areas where children and others may gather, such as residential streets, parks, and playgrounds
  • Striking a pedestrian in a parking lot
  • Texting or using a cellphone while driving
  • Drunk driving

Even if you were partially at fault, we can hold the driver accountable for his or her percentage of fault.

What Factors Affect the Severity of a Pedestrian Injury?

Speed of the Vehicle

How fast a vehicle was driving prior to a collision is one of the most important factors in determining how severe resulting injuries will be for any pedestrians who are involved. Generally, as speed increases, pedestrian accidents become much more dangerous for non-motorists, as the impact of the collision will also increase exponentially, resulting in more severe blunt force trauma-related injuries, like broken bones, head injuries, and internal injuries. Some studies have even found that at collision speeds of 30 mph, the risk of fatal injury for a pedestrian is eight times higher than at a speed of 20 mph.

Unfortunately, low speeds are not always a good indicator of how severe a pedestrian’s injuries will be. The National Highway Traffic Safety Administration (NHTSA), for instance, has found that even when a car is traveling at less than 20 miles per hour, a collision with a pedestrian can still cause serious injuries, some of which could even prove fatal.

Age of the Victim

Age is also an important risk factor in determining the severity of a pedestrian injury. Pedestrian collisions, for instance, are the second leading cause of unintentional injury-related fatalities among children between the ages of 5 and 14 years old. This is largely due to the fact that children are much more likely to suffer from traumatic brain injuries and chest and abdominal injuries in pedestrian accidents, which are often fatal. Adults who are involved in pedestrian accidents, on the other hand, are more likely to sustain musculoskeletal injuries, like fractures, which are more easily treated.

Youthful pedestrians are not the only individuals who are at risk of serious injury if involved in a collision with a motorist, as pedestrians who are 65 years of age or older have a lower tolerance to physical trauma and so also tend to sustain more serious injuries than younger victims who were involved in comparable crashes.

Size of the Vehicle

Injury severity for pedestrians is also linked to the size of the vehicle that struck them. The risk of severe injury or death for pedestrians is, for instance, much higher for those who are struck by trucks or vans than by passenger cars. In fact, taller vehicles are generally more dangerous for pedestrians, as they tend to strike a pedestrian above his or her center of gravity, meaning that a person is more likely to be thrown forward and then actually run over by the driver, causing more extensive injuries.

Trains & Pedestrian Collisions

Brightline opened in January of 2018, providing high-speed rail service between Fort Lauderdale, West Palm Beach, and Miami. It is the first privately owned passenger rail system in the United States since the early 1980s. And while private ownership can offer many benefits, it also raises serious concerns about the Brightline operator’s commitment to safety.

Staying Safe When Crossing the Rails

And we’re not talking about a hypothetical concern. As of early May 2018, according to the Miami New Times, there have already been six fatal accidents involving the Brightline–including two fatalities during the system’s first week of full operation. Both of those deaths occurred when pedestrians attempted to cross the tracks after the signal gates came down.

The New Times reported that in an effort to emphasize safe crossing practices, Brightline posted 450 “cautionary signs” in multiple languages warning pedestrians not to go near the rails, as well as 20 “variable-message signs” throughout Fort Lauderdale and Miami. Management has also stationed a number of “safety ambassadors” at key intersections to prevent pedestrians from crossing the rails when a train is approaching.

Keep in mind, Brightline trains are designed to operate at speeds approaching 80 miles per hour in heavily congested urban areas. This means that motorists, bicyclists, and pedestrians alike must exercise caution whenever approaching or crossing a Brightline intersection. Here are a few common-sense safety tips you should always observe:

  • Never attempt to cross a railway at any place other than a designated public crossing, i.e. one with a gate and flashing red lights. Remember, Brightline is privately owned, so if you attempt to cross the rails at non-public areas, you are trespassing and subject to possible arrest.
  • Given the speed at which Brightline trains travel, the engineer may not be able to stop in time if he or she sees someone on the tracks. Again, this emphasizes the importance of using only public crossings–and not attempting to cross once the gates are down.
  • Once a train has passed, always wait a few moments to make sure there is no second train coming from the other direction. Also remember, trains do not always follow their posted schedules, so you should always keep a careful lookout before attempting to cross the tracks, even if you do not think a train is coming.

If you are someone you know as been struck by a train, give our Florida pedestrian accident lawyers and they will let you know if filing a personal injury claim is the best line of action or suggest another way.

An Experienced Miami Pedestrian Accident Lawyer

Collisions between pedestrians and motorists are some of the most dangerous in which a person can be involved, as they almost always result in devastating injuries for the pedestrian. The type and severity of these injuries do, however, depend on a few different factors, some of which can affect liability. To learn more about these factors and how their application to your own case could affect your claim, please reach out to one of our dedicated Florida pedestrian accidents lawyers today for your free consultation.

Contact Dolan Dobrinsky Rosenblum Bluestein Today

You Deserve Justice

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