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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.
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Average rating: 4.9
tracy sciturro
ashley noel
The was very professional and willing to work with you and make show you get what you deserve.
Keef Mobley
Great experience all around from my attorney Paul! Gave me information about the whole experience and kept me updated throughout the process until my case was closed! Highly recommend!
Valixyon
Jay London is the absolute best lawyer I have ever had!!!
Anyelo Colon
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Lucy Librizzi
I would like to thank my attorney Jay London and his paralegals Heather and Mandy for taking care of my case after my motor vehicle accident. They made it easy to handle my case and dealing with my insurance company. I will always be grateful for your help.
Thanks.
Lucy
Chris Valentine
It’s never a good experience when you’re involved in an accident. But when a firm believes in you and continues to represent your case diligently and guides you legally through the process no matter the end result you feel you entered the process with a great team.
Don’t hesitate to call and ask “ can you help me?” You will get a fair evaluation and excellent representation.
CVG
Loren Careri
We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.
Lashawnda
They were kind and knowledgeable.
They worked diligently on my case and obtained a fair settlement for me.
Rebecca B.
I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made
J C
I had the opportunity to work with Rachel Schrager, George M. Bakalar and Amanda (paralegal) following a serious accident, and I cannot recommend them highly enough.
Rachel took the time to understand the nuance of my situation.
Throughout the process, communication was excellent. I was kept informed at every stage, and all my questions were answered promptly and clearly.
Most importantly, diligence and persistence led to a favorable outcome in my case.
If you’re looking for a personal injury lawyer who is knowledgeable and experienced, call Kogan and DiSalvo.
Master Group Inc
My attorney was Ms. Rachel Schrager, and miss Lulu Ferrer from Kogan & DiSalvo. Help me with my case. Nice easy and Quick. Thanks
eric bronsveld
I couldn’t be happier with the way Kogan and DiSalvo handled my case from day one until its resolution. My attorney was always available and I was kept up to date throughout the process. The entire staff was professional, thorough, and empathetic to my feelings and concerns. They fought for what was fair and right. That’s all I asked for and that’s what they delivered. I wish to express my gratitude and say that choosing this firm would never be a mistake if you are in need of a good attorney.
kathleen guch
I’m very grateful to Kogan & DiSalvo Personal Injury Lawyers for the work they put into my case especially Samantha, the paralegal. She was a key part of the process from start to finish. Samantha made everything clear and straightforward, always taking the time to explain things and keeping everything on track. Her experience and efficiency really stood out. I’m thankful she was part of the team and truly appreciate everything she did.
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.
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