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When a pedestrian gets in an accident with a motor vehicle or even a bicycle, the results can be catastrophic. Florida law specifies that vehicles must yield to pedestrians in certain circumstances. But pedestrians have responsibilities, too.
If you have been injured in a pedestrian accident, it is important to work with an experienced attorney who understands the applicable laws. A Stuart pedestrian accident lawyer may know how the laws apply to your situation and can help you work toward a full recovery.
Duties of Drivers
In Florida, both pedestrians walking along the road and drivers operating vehicles have equal rights when it comes to the use of the roadway, and both are required to exercise reasonable care. Only when a driver is shown to be negligent can a pedestrian recover from injuries sustained in an accident.
Drivers have a duty to yield to pedestrians crossing the street in a designated crosswalk. Often, accidents occur when a driver with a green light executes a turn and hits a pedestrian lawfully crossing the street.
Both pedestrian and driver have the right to proceed when the light is in their favor, but the turning vehicle is required to yield to the pedestrian.
Duties of Pedestrians
Florida statutes set forth a number of rules for pedestrians. Among other things, Section 316.130 of the Florida code specifies that pedestrians must:
- Walk on sidewalks instead of the road if sidewalks are available
- Walk on the shoulder on the side of the road facing traffic if sidewalks are not available
- Not stand on the road to solicit rides or any other purpose
- Yield to vehicles when crossing the street at a point other than a designated crosswalk
- Not run into the path of an oncoming vehicle if there is not sufficient room for the driver to stop
- Not cross an intersection diagonally unless directed to do so by an authorized signal
If pedestrians are injured while in violation of one of these rules, they may still be entitled to recover a certain amount of damages because often the driver of the vehicle will be found to be partially responsible as well. By working with a Stuart pedestrian accident lawyer, may be able to recover damages.
Types of Damages
If the driver of the vehicle is found to be at fault in a pedestrian accident, the pedestrian may be entitled to compensation for:
- Past, present and future medical expenses
- Lost wages
- Reduction or loss of future wages
- Disability or disfigurement
- Pain and suffering
- Mental anguish
- Loss of enjoyment
The amount of recovery a pedestrian may be awarded may be reduced if the pedestrian is found to be partial to blame for the accident. This is known as the comparative negligence rule.
For instance, if the driver is found to be 80 percent at fault for failing to yield to a pedestrian in the crosswalk and the pedestrian is determined to be 20 percent at fault for leaving the safety of the curb when it was too late for the turning driver to stop, the pedestrian’s damage award would be reduced by 20 percent in recognition of the portion of the responsibility borne by the pedestrian.
Contact a Stuart Pedestrian Accident Lawyer
If you have been injured as a pedestrian, your main priority is recovery. It is important to secure the services of an experienced advocate who knows how the circumstances of your case fit with the applicable law and can advise you on the best way to proceed so that you have one less thing to worry about. Contact a knowledgeable Stuart pedestrian accident lawyer today.
Total reviews: 1375 | Average rating: 4.9
Kaaren Elliott
Will Knapp
Great!
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What an amazing team that worked on my case. Sally was very thorough and professional. Super effective and responsive to all my questions. Highly recommend this firm. 👍🤩
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Best people on a team that helped me on my case, communication skills are way above anything, and they work well and they stay on it. If you have on your side your definitely doing something right!
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I had an amazing experience with this law office after my daughter’s accident. They handled everything with so much care and professionalism. I especially want to highlight Samantha J., the paralegal who helped us every step of the way. She was patient, kind, and always quick to answer any questions I had. Her communication and support made a stressful situation so much easier. I’m truly grateful for everything she did for our family.
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Cogan & DiSalvo was amazing from start to finish. Amanda and the entire team guided me through every step of my accident case and always made sure I understood what was going on. They were professional, supportive, and truly cared about getting me the best experience
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I highly recommend Kogan & DiSalvo. Attorney Rachel Schrager was compassionate and communicative throughout my case, and her staff and paralegal team were professional, knowledgeable, and efficient. Their support made the entire process smooth and stress-free. Thank you for your excellent service.
shahpour ebrahimi
Kogan & DiSalvo personal injury Lawyers are the best Law firm in Florida. I must say that Attorney DiSalvo and his staff; Attorney Sonia Masters and Paralegal Monica Kuniyoshi were outstanding in handling my personal injury case. After my car accident, I was overwhelmed and uncertain of my Legal rights. Attorney Master’s professionalism and timely communication helped me achieve a favorable outcome. The paralegal staff, particularly Ms. Kuniyoshi was also helpful and prompt in her responses, which made the whole stressful process much more manageable. I am deeply thankful for their services, kindness and highly recommend Kogan & DiSalvo personal injury Law firm to anyone facing similar circumstances.
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I highly recommend Kogan & DiSalvo law firm. My overall experience was a positive one and met my expectations.
Attorney Rachel Schrager was compassionate about my situation, has a kind demeanor, communicated well with me on my car accident lawsuit.
Paralegal Amanda Hudson was very knowledgeable, always professional, efficient in all the legal matters.
She turned what could have been a stressful experience into one where I felt very supported every step of the way.
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When looking for an attorney for my accident case, I wanted an established law firm with a great reputation. I definitely found that with Kogan and Disalvo. Right from the beginning, the firm walked me through the process and always kept in contact with me. Whenever I had questions, someone would reply within the same day. My case was finalized very quickly and I was very pleased with the amount of my settlement. I would highly recommend Kogan and Disalvo for legal assistance. I was thoroughly impressed with their professionalism, knowledge and ability to help me with a superb settlement. Thank you, Kogan and Disalvo.
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They helped me out so much! The service was so helpful and they always stayed in contact with me, Sally was amazing and so was Rachel, I am really grateful for them.
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The attorney, and paralegals and others were very helpful with the claim. Everything that was done in the process was with their client in mind. Excellent at what they do.
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Sally Rachel and candela’s were amazing. They helped me so much
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Kogan & DiSalvo helped me with my car accident claim, they were with me every step of the way, always helpful, and kept me updated. Most importantly they explained all my options, and answered all my questions. Amazing team!!!!!
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Even though I have hard case this office heard what I said and took it to heart ❤️ great communication very kind people . I thank this office a lot for hearing me out and helping to fight for me .If anyone gets in an auto accident I recommend call them for inquiry best lawfirm in florida !
Ivy Knight
Paralegals are top notch!
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My team was so kind and I feel like they won my case with no problem at all! Not only was the process faster than expected, but they were always professional and kind. Every time I called Angela Martiuk was always helpful with all my questions so I never had to stress throughout the whole process. ⭐️ Five stars!
Brandon Strausbaugh
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