News outlets have reported on the pedestrian who was run down by a car on Kennedy in Tampa early Friday Morning of May 6, 2011. Apparently, a pedestrian had left The Kennedy, a popular bar on Kennedy Blvd in Tampa at around 3:00am.
We all know what probably happened; the driver was drunk after Cinco de Mayo, and didn’t want to stop and face a DUI, so he (or she) drove off after colliding with the pedestrian; committing felony hit and run.
Personal Injuries and wrongful deaths arising out of collisions between cars and pedestrians are very common. We average 500 pedestrian fatalities per year in Florida. While the fault of the crash is not always completely on the driver of the car, pedestrians always have the right of way, so a car must yield.
Sometimes, particularly late at night, it is possible for a pedestrian to dart out in front of a car giving the driver no time to take evasive maneuvers, but more often, a driver decides to take their eyes off the road and does not see someone that would normally have been easy to avoid.
Civilly, when the injured pedestrian obtains a personal injury lawyer, his attorney will be able to make a claim for all of his injuries, including past, present and future medical care as well as lost wages, and most of all, reimbursement for having to go through the experience of it all against the driver. If the driver is not located, they may be able to make a claim against the pedestrians’ own Underinsured Motorist coverage.
If the driver was found to be intoxicated at the time of the collision he/she will surely also face a claim for punitive damages, should the injured pedestrian find a qualified personal injury attorney.
While we do not know yet what leads the police have in tracking down the suspect in this terrible collision, nor do we know whether or not they will ever find out if alcohol was involved.
At minimum, the driver will likely face the hit and run charge, and their insurance will pay for the pain their driver has caused.
Herman & Wells, P.A. handles personal injury lawsuits for the injured and their families in Tampa, St. Petersburg, Clearwater, and surrounding areas of Florida.
Hit-and-Run at Local Club, My Fox Tampa Bay May 6, 2011.