Orange County Pedestrian Killed in Turnpike Crash
A 30-year-old man is dead after two vehicles hit him as he crossed the Florida Turnpike, according to Florida Highway Patrol investigators.
According to the report, the 30-year-old man came out running from the woodline directly into the southbound lanes of the Florida Turnpike, where he was struck by a 2021 Toyota Highlander and a 2016 Chevy Silverado.
Both drivers, a 30-year-old man and a 36-year-old man, stayed at the scene after the crash. Neither driver or their passengers were hurt and no other details were available.
Pedestrian Injuries
In all personal injury claims, it’s always first things first. Usually, medical treatment is the first priority in these cases. Pedestrian wrecks usually cause serious injuries, such as:
- Head Injuries: The violent motion of a pedestrian accident usually causes a traumatic brain injury. When victims fall and land hard, their brains slam against their skulls, causing brain bleeding and swelling.
- Broken Bones: The same motion normally crushes bones instead of merely breaking them. As a result, doctors must use metal parts to surgically reconstruct these bones. More aggressive surgical treatment requires more difficult, and more expensive, physical therapy.
- Internal Injuries: Exsanguination (excessive blood loss) is usually the official cause of death in fatal pedestrian accident cases. Internal organs don’t have protective skin layers. Therefore, a slight abrasion bleeds profusely. Imagine how much a large gash bleeds.
Pedestrian victims rarely survive high-speed wrecks. At impact speeds of under 25mph, the pedestrian death rate is about 10 percent. At impact speeds above 50mph, the pedestrian death rate catapults to over 90 percent.
An Ocoee personal injury lawyer connects pedestrian accident victims with doctors who focus on injury-related conditions. Normally, these highly-skilled doctors charge nothing upfront for their professional services.
Multiple Tortfeasor Claims
Multiple vehicle wrecks often create procedural issues, but not for an Ocoee personal injury lawyer. However, these procedural issues often delay settlement, so victims should be aware of them.
If two vehicles strike a pedestrian, it’s difficult to determine which vehicle delivered the fatal blow. Such incidents raise the issue of joint and several liability.
All states have complex joint and several liability laws. Florida’s laws are almost mind-numbingly complex in this area. Florida lawmakers removed all “it was your fault” finger-pointing joint and several liability laws in 2006. Now, courts use a pure comparative system to resolve multiple tortfeasor claims.
The new Section 768.31 states that a party can only seek contribution (reimbursement from another party) when a tortfeasor has paid more than his “pro rata share of the common liability, and the tortfeasor’s total recovery is limited to the amount paid by her or him in excess of her or his pro rata share.”
In the above case, a settlement agreement might state that each tortfeasor’s insurance company must pay 50 percent of damages. But the “pro rata share” proportion could easily be tied up in court for quite some time.
The Sudden Emergency Defense
This defense, on the other hand, could directly affect a settlement. Tortfeasors are not liable for damages if they:
- Reasonably react to
- A sudden emergency.
Most tortfeasors reasonably react after pedestrian accidents. They pull over, render assistance if possible, call 9-1-1, wait for emergency responders to arrive, cooperate with them, and wait for emergency responders to release them from the scene.
However, a jaywalking pedestrian usually isn’t a “sudden emergency.” Jaywalking pedestrians aren’t completely unexpected situations, like a hood fly-up. Instead, a jaywalking pedestrian is an everyday hazard, such as a stopped-short car or large pothole, that drivers must anticipate and avoid.
Work With a Diligent Orange County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Ocoee, contact Goldman Law, P.A. We routinely handle matters throughout the Sunshine State.
Source:
fox35orlando.com/news/pedestrian-killed-after-being-struck-two-vehicles-florida-turnpike-officials-say
