Connect with us!
Connect with us!
Table of Contents
South Florida’s beautiful weather encourages walking. Pedestrians going to and from their destinations enjoy the gorgeous sunshine. Unfortunately, Florida consistently ranks as the most dangerous state in the nation when it comes to pedestrian accidents and deaths.
Were you or a loved one hit by a vehicle as a pedestrian? A personal injury attorney in Vero Beach at Kogan & DiSalvo will investigate your case and fight so that you receive the maximum compensation available. Please reach out anytime for a free case review.
The most frequent cause of pedestrian accidents is driver inattention or distraction. Those texting while behind the wheel are not paying attention to the road and an innocent pedestrian may pay with their life for that text.
Other frequent causes of pedestrian accidents include:
According to the CDC, alcohol was involved in 46 percent of crashes ending with a pedestrian death in 2019. Roughly one-third of pedestrian deaths involved a pedestrian with a Blood Alcohol Content of 0.08 percent.
The majority of pedestrian deaths take place at night in locations away from intersections. In those areas, drivers are more likely to speed, resulting in even more horrific pedestrian injuries and fatalities.
Pedestrians may also prove at fault for the accident for some of the same reasons as drivers. For instance, a pedestrian talking or texting on their cell phone may not pay attention to cars in the vicinity. A drunken pedestrian may not realize where they are. Children may dart into the road and get hit by a car.
The majority of pedestrians killed in accidents are senior citizens or children.
Pedestrian accidents run the gamut. Some of the most common pedestrian accidents include:
To keep themselves safe, pedestrians should always take basic precautions. Avoid wearing dark clothing when walking at night. Pedestrian visibility is key. If you are out walking at night, try to cross the street only in well-lit areas. Other precautions include:
Because Florida uses a pure comparative negligence standard, the accident victim may receive compensation even if they were partly responsible. The amount of the award is reduced by the percentage of fault a jury assigns to the victim. For example, if a pedestrian was texting at the time they were hit by the vehicle, the jury might assign 25 percent of the fault to them. If the award is $100,000, their amount is reduced to $75,000.
Pedestrian accidents usually result in serious injury. For pedestrian accident survivors, those injuries may prove permanently disabling. Common pedestrian accident injuries include:
Keep in mind that Florida is a no-fault auto insurance state. The pedestrian’s medical expenses are covered by their own auto insurance policy, if the person has an automobile, until their coverage is exhausted. At that point, they can pursue a claim on the motorist’s policy.
Unfortunately, many pedestrian accidents prove fatal. The human body is no match for a motor vehicle weighing thousands of pounds. As per the CDC, one in six people killed in crashes are pedestrians. When a pedestrian accident results in death, the estate’s personal representative, on behalf of family members, may file a wrongful death lawsuit against the responsible parties.
As with any personal injury case, the plaintiff must prove that the at-fault driver owed them a duty of care. That duty of care involves acting in a safe, responsible manner toward the public at all times. The plaintiff must prove that the defendant breached that duty of care. Such proof might include speeding, driving while intoxicated, or running a traffic signal or stop sign. The defendant’s negligence must have caused the pedestrian accident victim’s injuries. The victim must provide evidence of economic losses relating to the injuries, such as medical bills, loss of employment, and the like.
Because pedestrian injuries are so often catastrophic, the injured party usually cannot photograph or video the accident scene. If the person is capable of recording the scene, they should do so. They should also get the name, address, and contact information of any eyewitnesses.
To prove a pedestrian accident case, the attorney relies on:
The attorney will also determine which parties are liable for the accident. That liability may extend beyond the driver of the vehicle, depending upon the circumstances of the accident. For instance, if the pedestrian was hit because the sidewalk was blocked and they were forced to walk in the road, the entity blocking the sidewalk may prove liable. That entity might be a restaurant with tables on the sidewalk or a construction zone with poor re-routing.
If the accident occurred because a traffic signal malfunctioned, the municipality could be held liable.
Compensation, or damages, in a pedestrian accident case may include:
If the pedestrian was killed in the accident, the potential damages involved in a wrongful death lawsuit filed on behalf of family members include:
The value of earnings and benefits the deceased could have “reasonably” expected to save are also considered, as these earnings and benefits would have constituted part of their estate.
In Florida, the statute of limitations for filing a personal injury case is two years from the date of the accident. For a wrongful death lawsuit, the statute of limitations is two years from the death date, not the accident date.
However, it is imperative that a pedestrian accident victim or surviving family members seek legal counsel as soon as possible. By waiting too long, critical evidence may disappear. That is especially true of surveillance video, which shows how the accident happened. Such video is often recorded over by municipal entities after 30 days or so.
If you were seriously injured in a pedestrian accident, or if a family member was killed in such a tragedy, contact a Vero Beach personal injury lawyer at Kogan & DiSalvo today for a free consultation. Because we work on a contingency basis, there is no fee unless you receive compensation. We serve all of Indian River County.
Total reviews: 1204 |
Average rating: 4.9
kathleen guch
Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
David Delcid
(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹
(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹
mirian godinez
Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
Brent Arnold
Jennifer was amazing throughout the whole process.
carol rodriguez
I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
James Pinto
Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
Scott Solomon
My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
Alan9095 Jones
This farm is absolutely great !!!
Juan
I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan
Dawn M.
Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
Titus Travis
Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!
david Riggsby
They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.
Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.
(561) 375-9500
Call