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Every person operating a motor vehicle on the road knows to watch for pedestrians at all times. It stands to reason, then, that law-abiding pedestrians should not have to worry about being hit by a car, truck or motorcycle.
Unfortunately, negligent drivers frequently cause pedestrian accidents despite the safety measures in place. These types of accidents can cause severe damage and life-altering injuries, so it is important to know how to seek compensation. Our Plantation, FL pedestrian accident lawyers at Kogan & DiSalvo can help you understand your legal options.
Florida law demands that drivers yield the right-of-way to pedestrians within a crosswalk, whether marked or unmarked. Pedestrians also have the right-of-way when lawfully following traffic signals in an intersection.
Pedestrians also have certain legal responsibilities they must uphold. They should use sidewalks whenever possible, avoid jaywalking and refrain from suddenly entering the road when they do not have the right-of-way. Pedestrians must also yield when vehicles have the right-of-way, such as when attempting to cross the street when there is no crosswalk.
When pedestrians follow their roadway obligations, they can be much more confident that the law will protect their right to recover damages if an accident occurs.
Records from the National Highway Traffic Safety Administration show that there were 773 pedestrian deaths in Florida in 2022. Common causes for this tragic statistic include:
When a pedestrian accident occurs, identifying the cause is one of the first steps toward a successful claim. If the driver violated their duty of care by behaving recklessly, then they are likely at fault for the accident and owe you due compensation. Keep in mind that if you decide to file a claim, the burden is on you and your legal team to prove the driver’s negligence.
When you file a claim against another driver’s insurance company, the insurer will likely do its utmost to minimize the amount they have to pay you. That is why it is so necessary to have evidence to prove the at-fault driver’s negligence. Your pedestrian accident lawyer will conduct a thorough investigation to find all relevant evidence that will support your case.
The most valuable evidence that can prove a driver’s negligence in a pedestrian accident includes:
You can make it easier to prove the driver’s negligence in a pedestrian accident by remaining at the scene until police arrive. Cooperate with the initial investigation and make sure to seek immediate medical attention from first responders. If it is safe for you to do so, take photos or videos of the accident scene. Follow up with a physician as soon as possible and get a copy of your medical records to prove the extent of your injuries to the insurance company.
Florida follows the principle of comparative fault for personal injury cases, which means that the amount of compensation a person can receive decreases based on their degree of fault. This is why it is so important to prove that the driver was entirely at fault for your pedestrian accident. If a court determines that your actions contributed to the accident, you may lose your ability to recover some or all of your damages.
In any personal injury case, there are recoverable damages that the at-fault party owes to the injured person for their economic and non-economic losses.
Medical expenses and lost wages are examples of economic damages that are easy to quantify with the right documentation. This makes it simple to demonstrate your economic losses caused by a pedestrian accident. Pain, suffering and disabilities are non-economic damages that are more difficult to quantify, but you still deserve suitable compensation for how they impact your life.
Many pedestrian accidents also involve punitive damages. This is additional compensation that an injured person can receive if the negligent party was engaging in especially harmful behavior. If your accident happened because of a drunk or blatantly reckless driver, you may qualify for punitive damages.
The exact amount of compensation you can receive can vary greatly depending on the circumstances. It is worth consulting with a personal injury lawyer who can analyze your case and help you understand the value of your claim.
The statute of limitations for any personal injury claim in Florida, including a pedestrian accident claim, is two years from the date of the accident. After this deadline, it is no longer possible to pursue compensation for that accident, even if you have overwhelming evidence on your side.
While two years may seem like plenty of time, it is still worthwhile to start the claims process as soon as possible. The details of a pedestrian accident can become foggy over time, especially if photographic or video evidence becomes lost. Working closely with a personal injury lawyer can ensure that your case is underway while you focus on resting and recovering.
It is usually preferable to settle a pedestrian accident claim outside of court. In most cases, going to trial is not necessary. Your personal injury attorney will use every resource at their disposal to negotiate a fair settlement with the insurance company. This saves both parties from spending excessive time or money on costly litigation.
However, there are times when going to court is necessary. If the insurance company repeatedly tries to deny your claim or offer a lowball settlement, litigation may be the only way to hold them accountable for the full amount you deserve. An experienced trial lawyer will present the evidence in a way that best demonstrates the strength of your claim to a judge and jury.
While it is possible to file a pedestrian accident claim without legal help, having a lawyer on your side will ensure that you have all the guidance and resources you need to maximize your chances of a favorable outcome.
Our team at Kogan & DiSalvo Personal Injury Lawyers can help you by:
When you experience a pedestrian accident, it is particularly important to have a lawyer with local experience. When your legal team is familiar with the area, they can identify the exact traffic laws the driver violated and use local connections to collect witness statements or surveillance footage.
At Kogan & DiSalvo Personal Injury Law, we are ready to be by your side from start to finish. Our pedestrian accident lawyers in Plantation, FL can explain the claims process step-by-step and handle every aspect of your case while you focus on returning to everyday life. Contact us today to get your free consultation from our local attorneys.
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