Pedestrian Accident Lawyer

Pedestrian Accident Lawyers

Types Of Florida Pedestrian Accident Cases

People who are involved in a car accident as a pedestrian in Florida are at a greater risk of suffering serious injuries than those who are involved in a car accident as a passenger.  A pedestrian has very little protection and is more likely to suffer severe injuries.

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Pedestrian Accident Lawyer

Experienced Florida Pedestrian Accident Lawyers

Welcome to our firm, where we specialize in pedestrian accident cases across Florida. Our experienced lawyers are committed to fighting for justice and ensuring you receive the compensation you deserve. We understand that an accident can be a life-altering event, causing not just physical injuries but emotional distress and financial hardship as well. Our mission is to stand up for your rights and help you navigate through this challenging time.

Florida, with its year-round warm weather and busy city streets, are a pleasure for those that visit here. Unfortunately, there are an increased number of pedestrian accidents that occur every year.  Many of these accidents are caused by the negligence of the driver.  Here are some key facts related to pedestrian accidents in Florida and why so many pedestrians are killed every year in this state.  

High Accident Rates: Florida consistently ranks among the highest in the nation for pedestrian fatalities. According to a report by the Governors Highway Safety Association (GHSA), in the first half of 2020, Florida had the second-highest number of pedestrian deaths in the United States.

Dangerous Areas: Certain areas in Florida are more dangerous for pedestrians. The Orlando-Kissimmee area, for instance, is often cited as the most dangerous area for pedestrians in the U.S., according to a report from Smart Growth America.

Contributing Factors: Factors that contribute to the high rate of pedestrian accidents in Florida include a combination of heavy tourism, a large elderly population, high-speed roads, and inadequate infrastructure for pedestrians. Drunk driving and distracted driving are also significant contributors.

Florida’s Comparative Negligence Law: Florida operates under a comparative negligence system, meaning that if a pedestrian is partially at fault for the accident, their compensation may be reduced proportionally. This is a critical consideration for personal injury lawyers when building a case.

Laws Protecting Pedestrians: Florida law states that drivers must yield to pedestrians at marked crosswalks, unmarked crosswalks at intersections, and on sidewalks. If a driver fails to do so and a pedestrian is injured, the driver can be held liable.

Statute of Limitations: In Florida, the statute of limitations for personal injury cases, including pedestrian accidents, is two years from the date of the accident.

As a personal injury lawyer dealing with pedestrian accidents in Florida at Goldman, Babboni, Fernandez, Murphy & Walsh, we understand these facts and statistics are crucial for effectively advocating for our clients. The high rate of pedestrian accidents in the state makes it all the more important to fight for safer streets and just compensation for victims.

Our skilled legal team brings years of experience in handling pedestrian accident cases. We understand Florida’s complex traffic laws and how to effectively build a compelling case. Whether it involves negotiating with insurance companies or representing you in court, we are dedicated to achieving the best possible outcome for you.

Why You Should Contact Goldman, Babboni, Fernandez, Murphy & Walsh If You Have Been Injured In A Florida Pedestrian Accident

If you or a loved one has been injured in a pedestrian accident in Florida, your choice of legal representation is a crucial decision. Goldman, Babboni, Fernandez, Murphy & Walsh have the expertise, dedication, and resources needed to secure the justice and compensation you deserve.  After a pedestrian accident, you may be facing serious injuries that require extensive medical treatment and may even result in a loss of income.  You need the support of a team of experienced attorneys who believe in giving you personalized attention and legal support. 

We will not just settle for the first settlement offer from the insurance company.  We will use our experience and knowledge to help you get the compensation you deserve for your injuries.

Pedestrian accidents can be life-changing events, bringing about serious injuries, emotional distress, and financial strain. If you or a loved one has experienced such an incident in Florida, it’s crucial to enlist the assistance of dedicated legal professionals. Goldman, Babboni, Fernandez, Murphy & Walsh are the attorneys you need to help secure just compensation.

Experience That Counts

Specializing in pedestrian accident cases, we offer a profound understanding of Florida’s pedestrian laws and traffic regulations. This intricate knowledge equips us to build a formidable case on your behalf, enhancing your chances of receiving the compensation you rightly deserve.

Demonstrated Success

Our firm boasts a stellar record of success in pedestrian accident cases, having obtained millions in verdicts and settlements for our clients. We pride ourselves on delivering tangible results, demonstrated by our capacity to secure substantial compensation for our clients.

Dedication You Can Trust

Our commitment to your case is unwavering. We see beyond your status as a client, recognizing you as an individual facing a difficult situation. Our attorneys will tirelessly work to ensure that your rights are protected, and your compensation is maximized.

Client-Focused Approach

We prioritize your needs and concerns, from the initial consultation to the final settlement or verdict. We pledge to maintain open lines of communication, provide regular updates, and respond to your questions promptly. Our commitment is to offer expert legal advice specifically tailored to your circumstances.

No Win, No Fee

We are dedicated to making legal representation accessible to all, regardless of financial standing. That’s why our services operate on a contingency fee basis. This means you owe us nothing unless we win your case. Our fees are derived from the settlement or verdict, not from your pocket.

Comprehensive Legal Support

Apart from legal representation, our team assists you in getting the necessary medical care and rehabilitation services. We understand the importance of focusing on your recovery, hence we take on the responsibility of managing all legal aspects of your case.

If you’ve been affected by a pedestrian accident in Florida, don’t delay. Reach out to Goldman, Babboni, Fernandez, Murphy & Walsh today to schedule a free, no-obligation consultation. Allow our expertise and dedication to work for you.

Here are Some Common Ways Pedestrians can be injured by cars, Here are some of the most common ways:

  • Rolling stops or failure to stop at an intersection
  • Reckless driving or careless driving
  • Excessive Speeding
  • Poor intersection design or poor road design
  • Drunk Driving
  • Distracted Driving
  • Passing a stopped school bus/ school zone accidents
  • Pedestrian negligence

Pedestrians are considered to be anyone who is using a walkway or roadway who are not in a vehicle.

  • Walkers
  • Joggers or Runners
  • Bicyclists 
  • Skateboarders
  • Roller Skates or Rollerblades 
  • Segway Riders

When it comes to pedestrian accidents, speed can indeed be a significant factor. A vehicle moving at high speed can inflict severe, potentially fatal injuries to pedestrians. However, even at slower speeds, if a pedestrian’s head impacts the pavement during a fall, the results can be tragically fatal.

While any accident involving a pedestrian and a motor vehicle—be it a car, truck, or motorcycle—can be hazardous, some types of accidents are more common than others. Here are a few typical scenarios:

Dart-out Accidents: These situations arise when a pedestrian suddenly enters the roadway, leaving the driver with little or no time to react. However, it’s important to note that the pedestrian may not always be at fault. For example, if a pedestrian was within a crosswalk but obscured by another vehicle, a driver might perceive it as the pedestrian ‘darting out’ onto the road.

Intersection Accidents: These incidents frequently occur when a pedestrian attempts to cross an intersection hastily and miscalculates the timing, leaving the driver with insufficient time to respond. This type of accident can also occur if a driver disregards a red light and collides with a pedestrian who had the right-of-way.

Passing Accidents: These accidents transpire when a driver, unable to see pedestrians due to an obstruction such as a stopped bus, attempts to overtake the halted vehicle and inadvertently strikes a pedestrian.

Turns and Merges Accidents: These incidents happen when a driver is concentrating on turning or merging into traffic and overlooks the presence of pedestrians. Drivers may be checking both directions and fail to notice pedestrians until it’s too late.

Vendor Accidents: These accidents usually occur on neighborhood streets where children might dash out to approach ice cream trucks or people gather around food trucks. The driver of the vendor vehicle may fail to notice the individuals and inadvertently collide with them. Similarly, other vehicles may not anticipate people, particularly children, running onto the street, resulting in an accident.

Back-up Accidents: These are common in parking lots and occur when a driver reverses without adequately checking for pedestrians behind the vehicle.

Adding to these, here are a few more types of pedestrian accidents:

Non-intersection Accidents: These occur when pedestrians cross the road at spots other than designated crosswalks or intersections, making it challenging for drivers to anticipate their movement.

Vehicle Run-off Accidents: These take place when a vehicle runs off the road, onto the sidewalk or shoulder, and hits pedestrians. These can happen due to driver distraction, intoxication, or loss of vehicle control.

School Zone Accidents: These accidents, unfortunately, involve children. They occur when drivers fail to obey lower speed limits, stop signs, or crossing guards in school zones.

Remember, no matter the type of accident, if you’ve been injured as a pedestrian in Florida, you have rights. Reach out to a qualified and experienced Florida pedestrian accident attorney to discuss your case and explore your options.



Pedestrian Accident Laws In Florida Pedestrian Accident Laws In Florida

As a pedestrian, it’s crucial to know your rights and responsibilities under Florida law.  Here at Goldman, Babboni, Fernandez, Murphy & Walsh, we specialize in Florida pedestrian accident injury cases.  We will ensure that you understand your legal rights and options by providing you with the most accurate and relevant information to help you understand Florida’s pedestrian accident laws.

Florida’s Pedestrian Laws

In Florida, pedestrians have specific rights and responsibilities under state law. These include:

Right of Way: According to Florida Statute 316.130, pedestrians have the right of way at marked crosswalks and intersections. However, they should not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.

Walking Along the Roadway: If sidewalks are provided, pedestrians must use them. When sidewalks are not available, pedestrians should walk on the shoulder on the left side of the roadway, facing traffic.

Obey Traffic Signals: Pedestrians must obey all traffic signals and signs, just as drivers do. If pedestrian control signals are present, they should only cross when the signal indicates it’s safe to do so.

Prohibited Crossing: Pedestrians are prohibited from crossing between adjacent intersections at which traffic control signals are in operation, except in marked crosswalks.

 

What If You’re Involved in a Pedestrian Accident?

If you’ve been injured in a pedestrian accident, Florida’s personal injury laws come into play. These laws include the concept of comparative negligence. This means that if a pedestrian is found partially at fault for the accident, any compensation awarded will be reduced by the percentage of their fault.

For example, if a pedestrian was found to be 20% at fault for the accident and was awarded $100,000 in damages, the actual amount received would be $80,000.

However, every case is unique, and multiple factors can influence the outcome, including the details of the accident, the severity of the injuries, and the policies of the involved insurance companies.

Despite observing these safety measures, accidents can still happen. If you find yourself in such a situation:

Prioritize Your Health: Seek immediate medical help, even if you believe your injuries are minor. Some injuries may not show symptoms immediately but could have severe long-term effects.

Report the Incident: Call the police and provide an accurate record of the events.

Document the Scene: If you’re able, collect as much information as possible from the accident scene. This includes the driver’s details, witness information, and photos of the site.

Consult with a Lawyer: Get in touch with our personal injury attorney’s at Goldman, Babboni, Fernandez, Murphy, & Walsh to learn about your rights and the possible compensation you could receive.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we specialize in personal injury cases, including pedestrian accidents. Our dedicated team is equipped with the knowledge and experience to guide you through Florida’s complex pedestrian laws, ensuring you receive the compensation you rightfully deserve.

We offer free initial consultations and operate on a contingency fee basis – you don’t pay us until we win your case. Contact us today to learn how we can support you during this challenging time.


Common Locations For Pedestrian Accidents In Florida Common Locations For Pedestrian Accidents In Florida

Because Florida is considered a vacation destination, there is a high volume of pedestrian traffic in the state.  In fact, during the summer months and holiday season, tourists flock to the state in great numbers.  This is particularly true for beaches and amusement parks as well as other popular tourist attractions and beach areas.  Other common areas for pedestrian accidents include neighborhoods and school zones.  

A recent report presented in 2022 “ Dangerous By Design” report highlights the most dangerous areas for pedestrians in Florida.  It is essential to underscore that the most significant risk areas for pedestrians are intersections, highways, popular tourist areas, and beaches. For instance, the intersection between US-19 and Main Street in New Port Richey, highways like US-19 itself, and tourist hotspots such as Disney World and Universal are particularly problematic.

Deltona-Daytona Beach-Ormond Beach in Volusia County

Tampa-St. Petersburg-Clearwater in Hillsborough-Pinellas Counties

Jacksonville in Duval County

Orlando-Kissimmee-Sanford in Orange County

Palm Bay-Melbourne-Titusville in Brevard County

Miami-Fort Lauderdale-Pompano Beach in Dade-Broward Counties

North Port-Sarasota-Bradenton in Sarasota-Manatee County

Common Locations for Pedestrian Accidents

Intersections: Intersections, especially those without clear pedestrian signals, are frequent locations for pedestrian accidents. Drivers often fail to yield the right of way to pedestrians while making turns or rushing through yellow lights.

Residential Areas: Contrary to what most people believe, residential areas see a significant number of pedestrian accidents. Children playing on the streets, vehicles backing out of driveways, and limited visibility due to parked cars contribute to this risk.

Parking Lots: Accidents in parking lots often occur due to drivers’ inattentiveness while backing up or rushing to find parking spaces.

School Zones: Despite speed limits and crossing guards, school zones are common locations for pedestrian accidents. Drivers ignoring school bus stop signs or speeding through these zones often lead to accidents.

Sidewalks: Pedestrians can be injured on sidewalks due to overgrown vegetation, poor maintenance, or vehicles driving onto the sidewalk.

Public Transit Stops: Bus and train stations can be risky for pedestrians due to the large number of people and vehicles in close proximity.


What To Do If You Are Involved In A Pedestrian Accident In Florida What To Do If You Are Involved In A Pedestrian Accident In Florida

Steps to Take After a Pedestrian Accident in Florida

Experiencing a pedestrian accident is one of the most frightening experiences you can ever go through.  It is important to know what to do after a pedestrian accident in Florida.  It is essential to understand the correct steps to take to ensure that your rights are protected and that you are compensated for your injuries.  As experienced Florida pedestrian accident lawyers we would like to share vital information about what to do if you are involved in a pedestrian accident in Florida.

Seek Medical Attention Immediately After the Accident

Your health should be your first priority after a pedestrian accident.  Seek immediate medical attention to ensure that you are not injured.  The initial adrenaline rush that you experience after an accident can often cover pain and injuries that are not apparent for an extended amount of time.  

Collect Information From The At-Fault Party and Available Witnesses

If the driver of the vehicle at fault is still at the scene, try to get the driver’s information including their name, contact information, insurance information, the make and model of the vehicle, as well as the license plate number.  If there were witnesses to the accident, their accounts could be valuable.  Therefore, try to collect their contact information as well.

Keep An Accurate Record of Relevant Documentation

Records are important to your case and can help substantiate your claim.  It is essential that you keep an accurate record of any relevant documentation that can establish liability and the damages caused by the pedestrian accident.  This includes obtaining a copy of the police report, traffic crash report, and medical records.  Additionally, keep detailed notes on the expenses you have incurred due to your injuries, your doctor’s diagnosis and the treatments you have undergone, and records of your conversations with anyone involved in the accident or the at-fault party’s insurance company.


How Much Compensation Can I Recover If I Was Involved In A Florida Pedestrian Accident? How Much Compensation Can I Recover If I Was Involved In A Florida Pedestrian Accident?

If you were involved in a pedestrian accident in Florida, you may be wondering what kind of compensation you are entitled to.  Understanding the damages you can recover can help you to understand better what you can expect to recover form your accident.  At Goldman, Babboni, Fernandez, Murphy & Walsh, our pedestrian accident attorneys in Florida can help you to secure maximum compensation possible for your injuries and losses.

Compensation also known as damages you can recover for a pedestrian accident in Florida can be divided into two general categories:

Economic damages: Economic damages are compensatory damages that are out of pocket costs related to your injuries and losses.

Medical expenses:  This includes all medical expenses related to your injuries, such as hospital bills, surgeries, doctor’s appointments, physical therapy, medication, any future medical care you might need as a result of your accident.

Lost wages:  If you were unable to work as a result of your injuries, you may be able to recover lost wages.  If your injuries impact wether you are able to work in the future, you may also be eligible to claim loss of earning capacity.

Property damage:  If any of your property was damaged in the accident, such as a cellphone or other personal items, you may be able to be compensated for the cost of repairing or replacing those items.

Non-Economic Damages:  Non-economic damages are damages that are not financial with a specific dollar amount but significantly impact your life.  These damages include:

Pain and Suffering:  This is the physical pain you are suffering due to the emotional distress you’ve experienced as a result of your accident.

Loss of Enjoyment of Life:  If your injuries have prevented you from enjoying your life in any way that you have previously participated in, you may be able to be compensated for that loss.

Emotional Distress:  This includes symptoms of anxiety and depression that are caused by your injuries.  They can include symptoms such as anxiety, depression, insomnia, or PTSD resulting from your accident.


Factors Influencing Compensation Amount Factors Influencing Compensation Amount

The Severity Of Your Injuries

The impact of your injuries on your life and your ability to work

The amount of medical bills you have incurred and other out-of-pocket expenses

Whether you shared any fault in the accident

 

Florida follows a pure comparative negligence standard rule, which means that if you were partially at fault for the accident, your compensation will be reduced by your percentage of fault.

If you have been injured in a Florida pedestrian accident, it’s crucial to contact an experienced personal injury attorney who can navigate the legal system on your behalf and help you get the compensation you deserve.  At Goldman, Babboni, Fernandez, Murphy & Walsh, we’re committed to securing justice for those who have suffered injuries as a result of a pedestrian accident.


Filing A Florida Pedestrian Accident Claim Filing A Florida Pedestrian Accident Claim

In the aftermath of a pedestrian accident, dealing with insurance companies and medical bills can be very stressful and overwhelming.  Often, Personal Injury Protection (PIP) coverage may not be sufficient to cover all your medical expenses, necessitating a personal injury lawsuit against the at-fault party.  However, insurance companies may be reluctant to pay out a fair settlement amount you deserve for your injuries.  That is where a skilled Florida pedestrian accident lawyer can help.

At Goldman, Babboni, Fernandez, Murphy & Walsh, we understand that you may be facing a difficult road.  We understand the reluctance of insurance companies to pay out fair settlements.  Our experienced team brings a wealth of experience in representing clients in the legal process and more than 30 years of legal experience of the catastrophic impacts that injuries from a pedestrian accident can cause. Our team of dedicated pedestrian attorneys in Florida can help you secure maximum compensation by offering a range of services, including:

 

A Free, No-Obligation Case Evaluation

We offer an initial consultation, where you can ask all your legal questions and find answers to your specific situation.

Detailed Investigation and Identification of Responsible Parties Involved

We investigate your case, employing accident reconstructionist and other necessary experts who work tirelessly to identify all liable parties.

Witness Interviews

We interview all witnesses and determine all sources of liability and potential insurance resources that may compensate you for your injuries.

Estimation of Damages 

We provide comprehensive estimates based on financial and emotional damages suffered due to your pedestrian accident.

Provide Negotiation and Legal Representation

Our legal team gathers evidence and negotiates with the at-fault party’s insurance provider, fighting for a settlement on your behalf.  We provide timely filing of required legal paperwork that is necessary for your case representation.

If you are unsure about filing a pedestrian accident lawsuit in Florida, it’s important to explore all your legal options.  At Goldman, Babboni, Fernandez, Murphy & Walsh, we will handle everything related to your accident, from the paperwork to the insurance companies. 

 


Personal Injury Lawyer Q And A: Florida Pedestrian Accidents Personal Injury Lawyer Q And A: Florida Pedestrian Accidents

I was injured in a Florida pedestrian accident. How can I obtain compensation?

If you’ve been injured in a pedestrian accident in Florida, you could potentially recover compensation by filing a personal injury claim against the at-fault party. The compensation could cover medical expenses, lost wages, pain and suffering, among other damages. Florida is a no-fault insurance state, so your own Personal Injury Protection (PIP) insurance will cover your injuries up to a certain limit, regardless of who was at fault. If your damages exceed that limit, you can then pursue a claim against the at-fault party.

How long does obtaining compensation through a Florida pedestrian accident lawsuit take?

The timeline for obtaining compensation can vary significantly depending on the specifics of your case. It can be influenced by factors such as resolving the complex paperwork of the case, the willingness of the at-fault party to settle, and the backlog of the court system. It could take anywhere from several months to a few years.

What happens if the at-fault party in my Florida pedestrian accident doesn’t have insurance?

If the at-fault party doesn’t have insurance, you may have to rely on your own insurance policy’s uninsured motorist coverage. If your damages exceed the coverage limits, you may have to sue the at-fault party directly. However, collecting damages can be challenging if the person does not have the financial resources to pay.

 

I think I was partially at fault for my Florida pedestrian accident. Does that mean I can’t file a claim?

Not necessarily. Florida follows a pure comparative negligence rule, which means that even if you were partially at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

 

What is a driver’s duty of care in Florida pedestrian accidents? What is the pedestrian’s duty of care?

Both drivers and pedestrians have a duty of care. Drivers are required to exercise reasonable care to avoid injuring pedestrians, such as obeying traffic signals and being alert to their surroundings. Pedestrians also have a duty to exercise reasonable care for their own safety, such as using crosswalks and not darting out into traffic.

 

How do I prove that someone else was liable for my Florida pedestrian accident?

Can I recover compensation if the pedestrian accident happened while I was jaywalking in Florida?

Yes, you may still recover compensation if you were jaywalking at the time of the accident, thanks to Florida’s pure comparative negligence system. This means that if you are found partially at fault for the accident (for example, by jaywalking), any compensation awarded to you would be reduced by the percentage of fault attributed to you. However, it’s important to prove that the driver also had a share of the fault, such as speeding, distracted driving, or failing to yield, which contributed to the accident. An experienced attorney can help navigate the nuances of your case and work to secure the compensation you deserve.

What should I do immediately after being involved in a pedestrian accident in Florida?

Immediately after a pedestrian accident, your priority should be your health and safety. Here are steps you should take, if you’re able:

  1. Seek Medical Attention: Even if you believe your injuries are minor, it’s crucial to get a medical evaluation as some injuries may not be immediately apparent.
  2. Call the Police: Report the accident to the police. A police report is an important piece of evidence when filing an insurance claim or lawsuit.
  3. Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage. Collect contact information from witnesses.
  4. Exchange Information: Get the driver’s contact and insurance information, but avoid discussing fault at the scene.
  5. Contact an Attorney: Before dealing with insurance companies, consult with a pedestrian accident lawyer to understand your rights and options for seeking compensation.

Are there any time limits for filing a pedestrian accident lawsuit in Florida?

Yes, Florida law imposes time limits, known as statutes of limitations, on filing a lawsuit for a pedestrian accident. For personal injury claims, you generally have four years from the date of the accident to file a lawsuit. For wrongful death claims, the limit is typically two years from the date of death. Missing these deadlines can result in losing your right to seek compensation. It’s advisable to consult with an attorney as soon as possible to ensure your claim is filed within the appropriate timeframe.

How can I prove that the driver was distracted during the pedestrian accident?

Proving driver distraction often involves gathering evidence that shows the driver was not paying attention to the road. This can include:

  • Witness Statements: Eyewitnesses may have seen the driver using a phone, eating, or otherwise distracted.
  • Police Reports: The responding officer’s report may note observations of driver distraction or violations.
  • Cell Phone Records: These can indicate if the driver was texting or calling at the time of the accident.
  • Surveillance Footage: Nearby security or traffic cameras may capture the driver’s actions before the accident. An attorney can help collect and present this evidence effectively to support your claim.

Can family members sue on behalf of a pedestrian killed in an accident in Florida?

Yes, in the tragic event that a pedestrian dies as a result of an accident, certain family members can file a wrongful death lawsuit in Florida. The personal representative of the deceased’s estate is the one to formally file the lawsuit, but it can benefit the deceased’s spouse, children, and sometimes parents, as well as any relative who was dependent on the deceased for support or services. Compensation can cover funeral expenses, loss of support and services, and emotional pain and suffering. Given the massive amount of paperwork to resolve and emotional difficulty of these cases, it’s critical to work with an experienced attorney who can handle the legal proceedings compassionately and efficiently.

Who can be liable for a Florida pedestrian accident?

The driver of the vehicle involved in the accident is often liable. However, other parties could potentially be held liable too, such as the municipality if a poorly designed or maintained roadway contributed to the accident, or a pedestrian if they acted negligently.

What types of damages can I recover in a Florida pedestrian accident lawsuit?

In a Florida pedestrian accident lawsuit, you can potentially recover several types of damages, which are generally categorized as economic, non-economic, and in some cases, punitive damages.

  • Economic Damages: These cover tangible losses such as medical bills (past and future), lost wages if you’re unable to work due to your injuries, and any other out-of-pocket expenses related to the accident.
  • Non-Economic Damages: These compensate for intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for affected family members.
  • Punitive Damages: While less common, punitive damages may be awarded in cases where the defendant’s conduct was particularly egregious or reckless. These are intended more as a punishment for the defendant and a deterrent against similar future behavior.

An experienced pedestrian accident attorney can help you understand which types of damages may apply to your case and estimate their potential value.

How does the presence of alcohol or drugs affect a pedestrian accident claim in Florida?

If a driver involved in a pedestrian accident was under the influence of alcohol or drugs, it can significantly impact the claim. Florida law takes driving under the influence (DUI) very seriously. If the driver is found to have been DUI at the time of the accident, it can strengthen the pedestrian’s claim by establishing negligence per se. This means that the driver’s violation of the law (DUI) automatically constitutes negligence. In such cases, the focus may shift more towards determining the full extent of the damages owed to the victim.

Furthermore, if the driver was convicted of DUI in relation to the accident, it might also open the possibility for punitive damages, which are designed to punish the defendant for particularly reckless behavior and deter similar actions in the future.

What role does insurance play in a pedestrian accident claim in Florida?

In Florida, Personal Injury Protection (PIP) insurance plays a primary role in the initial stages of a pedestrian accident claim due to the state’s no-fault system. PIP can cover medical expenses and lost wages up to the limits of the policy, regardless of who was at fault. However, PIP coverage is typically limited and may not fully cover all expenses, especially in serious accidents.

If the pedestrian’s damages exceed the PIP coverage limits, they may pursue additional compensation through the at-fault driver’s liability insurance. This can cover more extensive damages, including full medical expenses, future medical care, full lost wages, and non-economic damages such as pain and suffering.

Given the intricacies of the paperwork  involved in dealing with insurance companies and ensuring that all available avenues for compensation are explored, it’s advisable to seek the assistance of an experienced pedestrian accident attorney.

Can I still file a claim if the pedestrian accident occurred due to poor road conditions or lack of signage in Florida?

Yes, if a pedestrian accident in Florida was caused or contributed to by poor road conditions, such as potholes, unmarked crosswalks, inadequate lighting, or lack of proper signage, it might be possible to file a claim against the entity responsible for maintaining the roadway. This could be a city, county, or state government agency.

Claims against government entities involve specific procedures and shorter time frames for notice and filing claims, making them more complex than typical personal injury lawsuits. An experienced attorney can help navigate these complexities, including identifying the responsible parties, proving negligence in maintenance, and complying with all legal requirements to pursue such a claim.

What evidence is crucial in proving fault in a pedestrian accident claim in Florida?

Proving fault in a pedestrian accident claim in Florida requires a comprehensive collection of evidence. Key pieces of evidence include:

  • Police Accident Reports: These reports often contain the responding officer’s observations and assessments at the accident scene, including any citations issued for traffic violations.
  • Eyewitness Statements: Testimonies from people who witnessed the accident can provide crucial, unbiased accounts of what happened.
  • Surveillance or Dashcam Footage: Video evidence can be compelling, showing the exact movements of the pedestrian and the vehicle leading up to the collision.
  • Photographs of the Scene: Photos taken immediately after the accident can document crucial details like road conditions, traffic signals, vehicle positions, and visible injuries.
  • Medical Records: Documentation of your injuries, medical treatment received, and prognoses are essential to establishing the extent and causation of your injuries.
  • Expert Testimony: Accident reconstruction experts, medical professionals, and other specialists can provide authoritative insights into how the accident occurred and the impact of your injuries.

An experienced pedestrian accident attorney can assist in gathering and presenting this evidence effectively to build a strong case for fault and damages.

How does Florida’s no-fault insurance system impact pedestrian accidents?

Florida’s no-fault insurance system requires drivers to carry Personal Injury Protection (PIP) insurance, which covers their own injuries in an accident, regardless of who was at fault. Pedestrians involved in accidents with vehicles may also be covered under the driver’s PIP coverage, depending on the circumstances of the accident and the insurance policies involved.

For pedestrians, this means that initial medical expenses and a portion of lost wages can be covered up to the limit of the PIP policy, typically without the need to establish fault. However, if the injuries are severe, resulting in significant medical costs or other losses that exceed PIP coverage limits, the victim may seek additional compensation by filing a claim against the at-fault driver’s bodily injury liability insurance or through a personal injury lawsuit.

Resolving the interplay between no-fault coverage and pursuing a claim for damages beyond what PIP provides can be complex. Legal guidance can be invaluable in these situations to ensure that victims receive the full compensation they are entitled to.

What steps should I take if I’m involved in a hit-and-run pedestrian accident in Florida?

Being involved in a hit-and-run accident can be particularly distressing. If you find yourself in this situation, take the following steps:

  1. Seek Medical Attention: Your health is the top priority. Even if you don’t feel injured immediately, some injuries may not be apparent right away.
  2. Contact the Police: File a police report as soon as possible. Provide as much detail as you can about the vehicle and driver, if possible. A police report is crucial for any insurance claim or legal action.
  3. Look for Witnesses: If anyone witnessed the accident, get their contact information. Their accounts can be crucial in tracking down the driver or supporting your claim.
  4. Document the Scene: Take photographs of the location, any injuries you have, and any damages. Make note of any surveillance cameras that might have captured the incident.
  5. Notify Your Insurance Company: Report the accident to your insurance company. You may be covered under uninsured motorist coverage for a hit-and-run.
  6. Consult with an Attorney: An experienced pedestrian accident attorney can help you navigate the aftermath of a hit-and-run, from dealing with insurance claims to potentially identifying and pursuing the at-fault driver for compensation.

Given the vast amount of paperwork and challenges of hit-and-run cases, having legal support can significantly impact the outcome of your claim.

Can I negotiate with the insurance company myself after a pedestrian accident in Florida?

While you have the right to negotiate with the insurance company on your own, it’s important to be aware of the potential pitfalls. Insurance companies are in the business of minimizing payouts. Without a thorough understanding of the law and the full extent of your damages, you might end up accepting a settlement that falls short of covering your long-term needs.

An experienced pedestrian accident attorney can provide several advantages in negotiations:

  • Expertise: Lawyers have in-depth knowledge of Florida’s pedestrian and insurance laws.
  • Assessment of Damages: They can accurately estimate the value of your claim, including current and future medical expenses, lost wages, and non-economic damages.
  • Negotiation Skills: Attorneys are skilled negotiators who can deal with insurance companies effectively, ensuring that you receive a fair settlement.
  • Advocacy: If a satisfactory settlement can’t be reached through negotiation, an attorney can represent you in court to fight for the compensation you deserve.

Consulting with an attorney before engaging in negotiations can help protect your rights and maximize your compensation.

How can social media impact my pedestrian accident claim in Florida?

Social media can significantly impact your pedestrian accident claim in various ways, often negatively. Insurance companies and defense attorneys may scrutinize your social media profiles for evidence that could challenge the severity of your injuries or suggest that you were at fault for the accident. For example:

  • Posts or Photos: Sharing photos, updates, or check-ins that depict physical activity or travel could be used to argue that your injuries are not as severe as claimed.
  • Comments: Comments about the accident, your injuries, or recovery progress might be taken out of context to dispute your claims.
  • Privacy Settings: Even with strong privacy settings, there’s a chance that shared information could reach the opposing legal team through mutual connections.

Given these risks, it’s wise to limit your social media activity after an accident and consult with your attorney on best practices to protect your claim.

What if the pedestrian accident was caused by a child darting into the street?

Accidents involving children, especially those that occur when a child unexpectedly runs into the street, can be complex. In Florida, drivers are expected to exercise a higher degree of care in areas where children are likely to be present, such as near schools, parks, and residential areas. If a driver fails to do so and hits a child, the driver could be held liable for the accident.

However, determining fault can still be complicated by factors such as the specific circumstances of the accident and whether the child was under the supervision of an adult at the time. Given the sensitivity and complexity of these cases, having legal representation is crucial to navigate the legal implications and ensure that the rights of the injured party are protected.

Are there charitable or state-funded programs that can help pedestrian accident victims in Florida?

Yes, Florida offers various resources and programs that can assist victims of pedestrian accidents, especially when it comes to coping with medical expenses, rehabilitation, and support services. Some of these include:

  • Florida’s Crime Victim Compensation Program: While typically associated with violent crimes, this program can sometimes assist with medical expenses and other costs for victims of hit-and-run accidents.
  • Local Non-Profit Organizations: Numerous local charities and non-profit organizations offer support to accident victims. These can include services like counseling, assistance with medical expenses, and support groups.
  • State and County Health Programs: For those who qualify, state and county health services can provide medical care and rehabilitation services.

Exploring these options can provide valuable support to victims and their families during the recovery process. An attorney knowledgeable about local resources can guide you to the appropriate programs.

How long after a pedestrian accident can I seek medical treatment and still file a claim in Florida?

Under Florida law, for Personal Injury Protection (PIP) insurance coverage to apply, you must seek medical treatment within 14 days of the accident. Failing to meet this deadline can result in the denial of PIP benefits. However, the timeline for filing a personal injury lawsuit against the at-fault party is different. In Florida, the statute of limitations for personal injury claims is generally four years from the date of the accident.

It’s important to seek medical attention immediately after an accident, not just for the sake of your health, but also to ensure your injuries are well-documented from the start. Documentation of your injuries and their impact on your life is crucial to supporting your claim for compensation.

Given the egregious amount of paperwork involved in dealing with insurance claims and potential lawsuits, consulting with a pedestrian accident attorney early in the process can help ensure that your rights are protected and that you pursue all available avenues for compensation within the required timelines.