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Florida is renowned for its beaches, restaurants, and natural beauty. However, it remains dangerous for people who enjoy the fresh air and sunshine. Arizona and Florida were ranked in the top spots for having high rates of pedestrian deaths.
If you’ve been hurt in a pedestrian accident, our team at Kogan & DiSalvo is here to advocate for your rights. We leverage our experience and knowledge to fight for fair and reasonable compensation for your damages. Contact us today to schedule a free consultation with a personal injury lawyer in St. Petersburg.
Why Hire a Pedestrian Accident Attorney?
Securing skilled representation is the best way to build a solid personal injury case. Our pedestrian accident attorneys in St. Petersburg will leave no stone unturned and aggressively fight to protect your future. For example, depending on the circumstances of your case, we will:
- Interview witnesses
- Collect evidence
- Oversee crash scene investigation
- Hire expert witnesses and accident reconstructionists
- Obtain police and accident reports
- File required paperwork and claims forms
- Help you prepare for official statements to law enforcement
- Negotiate with defense counsel and the insurance company
- Connecting you with appropriate medical care
- Setting up trusts for long-term care and treatment
- Litigation
At Kogan & DiSalvo, you’ll have a world-class pool of resources working relentlessly on your behalf. Our accomplished personal injury lawyers have devoted their legal careers to helping injury victims return to a financially and emotionally stable situation with honesty, integrity, and individualized attention.
What You Can Do After You’ve Been Hurt in a Pedestrian Accident in St. Petersburg
The first few days and even minutes after a pedestrian accident can mean the difference between fair compensation for your losses and a lowball settlement from the insurance company.
If possible, be sure to follow these steps to protect your claim:
- Seek medical help even if you feel fine. Many injuries manifest in the hours or days following an accident. In addition, the documentation from the ER may provide crucial documentation.
- Call the police right away to file a report. Make sure you ask how to get a copy of it.
- Get the driver’s contact information, name, license plate number, and insurance details.
- Document your injuries, damaged personal belongings, and landmarks near the scene.
- Write down everything you remember
- Talk to witnesses and gather their contact information
Finally, check your insurance policy because it usually requires informing them of your accident within a specific time frame.
Determining Fault: Driver vs. Pedestrian Responsibility
Pedestrians at a crosswalk with a signal indicating they can cross the road always have the right of way. If there is no signal, but there is a crosswalk, pedestrians still have the right of way, and drivers should yield to them. However, if they are hit by a car, the plaintiff and their legal team must be able to prove that the at-fault driver breached their duty of care to other motorists and pedestrians–and that this negligent behavior caused the accident. For example, negligent conduct could include speeding, driving under the influence, and running a red light.
Our team will analyze the accident and determine who else may be liable. For example, the at-fault driver may have defective brakes. If this is the case, the manufacturer could bear some responsibility.
Recent Changes in Florida Law
Before 2023, the statute of limitations to file a personal injury case in Florida was generally four years; now it is two. In addition, comparative negligence is now modified comparative negligence, barring claims in which the plaintiff is determined (by a jury or judge) to be more than 50% at fault for the accident (i.e., 51%+). If the plaintiff is found 50% or less at fault, their recovery is reduced proportionally to their fault.
For example, if the plaintiff is found to be 20 percent at fault and awarded $100,000, this amount would be reduced to $80,000.
Common Causes of Pedestrian Accidents in St. Petersburg
The most common reason a pedestrian accident occurs in Pinellas County, Florida, is distracted driving, which can include the following:
- Using a cell phone
- Eating and drinking
- Talking to passengers
- Adjusting the GPS
- Grooming
Additional causes of pedestrian accidents include the following:
- Driving over the speed limit
- Driving while intoxicated
- High traffic volume
- Failing to stop or yield to a pedestrian
- Poor weather
- Making left-hand turns
In addition, SUVs are more likely to be involved in pedestrian deaths than other vehicles because they take longer to stop and have larger blind spots than smaller cars.
Types of Pedestrian Accident Injuries
For those lucky enough to survive the impact of a vehicle striking them, injuries can be severe and may include the following:
- Bone fractures
- Concussion
- Spinal injuries
- Internal injuries
- Blunt trauma
- Soft tissue injuries
The Governors Highway Safety Association (GHSA) reveals that in 2022, Florida had the third-highest rate of pedestrian deaths at four per 100,000 residents. It pays to be vigilant in Pinellas County.
Compensation in Pedestrian Accident Cases
If you’ve been seriously injured in a pedestrian accident in St. Petersburg, you are likely concerned about your financial stability. However, our team will fight for your right to recover compensation, which may include the following economic damages:
- Your hospital and medical bills and expenses associated with the treatment you require to recuperate from your injuries.
- Transportation and commuting expenses to get you to and from medical and therapy appointments.
- Replacement of lost wages that you could not earn because of injuries that kept you from performing your regular job tasks.
- Invoices from physical and occupational therapy services.
You may also be eligible for non-economic damages for pain and suffering. In the event of a fatality resulting from the accident, loved ones may be able to pursue compensation in a wrongful death case for the following:
- Medical expenses leading up to the death
- Funeral and burial expenses
- The value the deceased could have earned
- Loss of companionship
- Loss of guidance
- Loss of services provided by the deceased
- And mental pain and suffering
The statute of limitations in pursuing a wrongful death case is also two years.
Contact Kogan & DiSalvo for a Free Consultation
A St. Petersburg pedestrian accident attorney from our firm is ready to help you maximize your recovery after you’ve been hurt in a pedestrian accident. Contact us for a free consultation, and we will be happy to answer your questions and review your case to determine if you have a viable personal injury claim. We work on a contingency basis, so there are no upfront legal fees.
