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Despite enhanced attempts to improve walkability, Palm Bay remains dangerous for pedestrians. Non-existent and poorly designed crosswalks, as well as distracted and careless drivers, remain a hazard for those on foot. For example, the intersection of Palm Bay Road and Riviera Drive has been the site of two deadly pedestrian incidents in recent months–raising concerns about necessary measures to prevent these roadway tragedies.
If you suffered an injury in a pedestrian accident, you need a legal advocate to champion your rights. At Kogan & DiSalvo, we represent victims with compassion and skill and leverage years of experience to secure the best results for clients. A Palm Bay pedestrian accident lawyer at our firm can help you understand your options and rights to compensation. In addition, we provide free consultations to Brevard County residents and take all injury claims on a contingency basis, so there are no upfront fees.
How Our Pedestrian Accident Lawyers Can Help You
The accident may have involved a car, truck, bus or commercial vehicle, but pedestrian knockdowns can lead to debilitating injuries or fatalities. Whether dealing with insurance companies or bringing a lawsuit against negligent parties, victims will always benefit from having a veteran Palm Bay personal injury attorney.
Our legal team gives your pedestrian accident claim the level of attention it deserves. We strive to help our clients get back on their feet as quickly as possible, as we work meticulously to build a strong claim for compensation. We are responsive communicators throughout the legal process and are always available to answer questions and update case status.
You can depend on your Palm Bay pedestrian accident attorney to handle every aspect of your case with determination and diligence—which can include the following:
- Conduct thorough investigations
- Review the police accident report
- Interview eye-witnesses
- Gather evidence such as cell phone records, traffic cam footage, and photos from the scene of the incident
- Demonstrate which person or parties was at fault
- Calculate your damages
- Consult with professional experts
- Negotiate with insurance companies
- File a formal lawsuit if necessary
- Represent you in court
We understand that your injury claim is about more than monetary compensation. It’s also about seeking justice and holding negligent people accountable for their actions.
Common Causes of Pedestrian Knockdowns in Palm Bay
Drivers have a legal duty to operate their vehicles safely, pay attention to their surroundings, and comply with traffic laws and pedestrian rights-of-way. Most pedestrian accidents with motor vehicles can be attributed to inattentive and reckless motorists.
The following are among the top causes of pedestrian injuries and fatalities in South Florida:
- Driver was speeding
- Driver was intoxicated or under the influence of drugs
- Driver failed to yield the right of way
- Driver was talking on their cell phone or otherwise distracted
- Driver ignored traffic signals
- Driver did not stop at a marked crosswalk
- Driver did not see the pedestrian due to poor visibility
The lack of safety measures for pedestrians and cyclists has negatively impacted many families. Our lawyers are well-versed in Florida pedestrian statutes and draw on experience to know what your injuries and economic losses are worth.
Proving Fault for Collisions Involving Pedestrians
Florida’s statutes are generally favorable for pedestrians struck by vehicles. However, those traveling on foot are responsible for following traffic signals and using sidewalks and crosswalks whenever available. To prove fault in a pedestrian accident claim, we must be able to show that the defendant failed to exercise appropriate care and that their negligence caused the accident and injuries.
Using evidence collected at the scene, medical records, and expert and eye-witness testimony, our legal team can establish if a motorist failed to stop, was driving while impaired, ignored traffic laws, or acted in a careless manner that jeopardized the safety of pedestrians. Since Florida adheres to contributory negligence laws, victims may still be entitled to compensation even if they were partially at fault for the collision.
Pedestrian Safety Tips
Here are a few suggestions to keep you safe as a pedestrian on the streets of Palm Bay:
- If a sidewalk is available, use it
- Always walk facing traffic
- Obey traffic signals and markers
- Use designated crosswalks whenever possible
- Increase your visibility to motorists by wearing reflective or bright clothing
- If walking at dawn, dusk, or night, always use a flashlight
- Be aware of your surroundings: avoid wearing headphones so you can hear traffic around you, and stay off your cell phone
Common Pedestrian Accident Injuries
Pedestrians have zero protection and therefore are vulnerable to severe injuries when struck by a moving vehicle. Even low-speed collisions can result in catastrophic harm. Our attorneys have seen the range of injuries sustained in pedestrian knockdowns and always attempt to maximize your financial recovery for:
- Facial or dental injuries
- Paralysis
- Spinal cord injuries
- Traumatic brain injury (TBI)
- Broken and fractured bones
- Loss of limb- traumatic amputation
- Punctured organs
- Crushed ribs
- Neck and back injuries
- Deep lacerations and burns
- Soft tissue injury
How Much Is a Pedestrian Collision Case Worth?
After successfully proving the elements of your pedestrian accident claim, we can seek monetary damages to account for a variety of losses, ranging from medical expenses and lost income to emotional distress. While we can provide general estimates of potential settlement amounts, the actual value of your claim will be determined by multiple factors, including the following:
- The severity of your injuries
- If the accident resulted in permanent disability or disfigurement
- Total cost of past and anticipated medical expenses
- Extent of your emotional pain and suffering
- Insurance policy limits
- If you were partially at fault for the accident
- Strength of evidence proving liability
- How have your injuries impacted your ability to work and enjoy your life
Fatal Pedestrian Accidents: Filing a Wrongful Death Claim
Florida consistently ranks as one of the most hazardous states for pedestrians. In terms of fatalities, the Sunshine State is the second highest in the country. According to a study published in Health News Florida, the Palm Bay-Melbourne-Titusville area is the nation’s 12th most dangerous metropolitan region for pedestrians.
What happens if a loved one is killed in a pedestrian accident or later succumbs to their injuries? In Florida, certain relatives (namely the spouse, parents, or children) may be able to file a wrongful death claim. It can seek damages for lost wages and benefits that would have been earned by the decedent, funeral, and burial expenses, as well as the pain and suffering endured before the death.
Time Limits for Filing an Injury Claim in Florida
Florida Statute §95.11 allows injured victims two years from the date of the pedestrian accident to file a lawsuit. Once the statute of limitation runs out, the court will likely dismiss the case, eliminating any chances of monetary reparations. As with any personal injury matter and potential litigation, it’s best to seek legal advice as soon as possible. It takes time to investigate the accident, collect pertinent evidence and craft a demand package for full and fair compensation.
Contact a Pedestrian Accident Lawyer in Brevard County, FL
Pedestrian accident victims in Palm Bay can rest assured that expert legal counsel is a quick phone call away. Reach out to us at Kogan & DiSalvo to arrange a free consultation and personal injury case review. With a dedicated attorney to protect your interests, you can focus on your health and recovery while we handle the rest. We work on a contingency basis, so there are no upfront legal fees. We look forward to hearing from you.
