According to a spokesperson for the Florida Highway Patrol, a woman was struck and killed while trying to cross Interstate 95 in Broward County last night. Florida Highway Patrol officials said the 21-year-old woman was struck in the northbound lanes of the highway near Copans Road while trying to cross from the right shoulder around 1 a.m. According to an FHP report, the woman’s car had become disabled on the highway due to a flat tire shortly before she tried to cross the highway and was struck by a truck. The crash shut down a stretch of I-95 near Atlantic Boulevard and Copans Road in Pompano Beach for hours early Thursday morning. Northbound I-95 lanes were closed with delays stretching three miles. Officials haven’t released the woman’s identity, but the report said she’s from Chesapeake, Virginia. Residual traffic delays were expected throughout the morning as the scene clears. No further details have been released. If you or someone you love were recently injured in a motor vehicle accident, our team of car accident lawyers can help with any issues that may arise in your car accident claim. We offer trustworthy legal advice to help address any legal issues that apply to your personal injury claim. At Suarez and Montero, our car accident lawyers have more than 20 years of experience successfully representing car accident victims in all types of cases. We have an exceptional team that can provide you with the guidance you are looking for after being injured in a car accident or other type of injury.
Liability in Pedestrian Accidents
The act of using a car generally causes you to be in the proximity of others while operating a vehicle that weighs several thousand pounds. Liability can arise from property damage to other people’s cars, injury to people occupying other cars, injury to pedestrians, and damage to private property such as a home or fence. Injuries and damages related to vehicle use also may be caused or aggravated by many factors, such as excessive speed, driver inexperience, disobedience of traffic laws, use of intoxicants or simple carelessness brought on by inattention. For negligence to exist, the following must be present duty, breach, causation, damages. If any of one of the above elements is absent, negligence does not exist. But if the required elements are present, the injured party usually has a valid claim for damages.
Duty: The duty to act in a reasonably prudent manner towards another such as driving safely down the street in a manner that avoids hitting other cars or pedestrians.
Breach: A breach is when the tortfeasor does not act in a reasonable prudent manner.
Causation: The third element is causation. The causation element of a negligence case requires a close connection between the defendant’s conduct and the plaintiff’s resulting injury.
Damages: In any discussion of liability, it is important to understand the term damages. When someone is held liable for injury or property damage to another, that person can be required to pay compensation to the injured parties. For these types of claims, 2 broad types of damages apply. There are compensatory damages and punitive damages. Compensatory damages compensate the injured party for the loss incurred. These may include specific damages including documentable actual expenses that have been incurred by the injured party such as medical bills, wages lost etc. To put it simply, compensatory damages are damages recoverable or awarded for injury or loss sustained period in addition to actual loss or injury, these damages may include amounts for expenses, loss of time, bodily suffering, and mental suffering, but not punitive damages.
Speak to our Miami Car Accident Attorneys Today!
At Suarez & Montero, our team of car accident attorneys in Miami will work with you every step of the way, offering the expert legal guidance you need to win your lawsuit. We will take care of all legal matters that relate to your claim and develop the best legal strategy for your individual case to ensure the successful recovery of your damages. This includes determining the economic and non-economic compensation you’re entitled to, identifying who should be held liable for your injuries and damages. We will not rest until we have developed and presented the most persuasive argument possible, and ensure you receive fair and just compensation for your damages. If you have been injured in a motor vehicle accident, you have the right to file a personal injury lawsuit against any responsible parties. Depending on the situation, the driver, owner, or manufacturer could be liable. Our legal team of Miami car accident lawyers have decades of experience handling car accident cases. With an extensive understanding of the laws involved, we can make sure you’re fully compensated for any medical bills, pain and suffering and other damages you may have experienced. Unlike other firms that handle cases in other areas of law in addition to their personal injury section, our firm is 100% dedicated to helping victims in personal injury cases and has been doing so for over 20 years. If you or someone you love has been involved in an accident, contact us today for a free consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.