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Zephyrhills Pedestrian Accident Attorney

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In Zephyrhills, the quiet streets invite pedestrians to take advantage of the beautiful weather in Florida. However, whether speeding or failing to yield, negligent motorists can upend their lives in an instant. Pedestrians are not offered the same protection as motorists and can sustain severe or catastrophic injuries when struck by a car.

If you have been injured in a pedestrian accident in Pasco County or anywhere in Florida, the attorneys at Kogan & DiSalvo are here to help you fight for full and fair compensation for your damages and losses. Contact us today to speak with Zephyrhills pedestrian accident lawyer.

The Dangers on Pasco County Roads

Aerial view of a car with its headlights on driving over a pedestrian crosswalk at night.

The Florida Department of Transportation is ready to spend millions of dollars on safety features. It has taken several steps to make Pasco County safer for pedestrians, including upgrades to a notoriously dangerous stretch of U.S. 19. The speed limit is 45 to 55 miles per hour. However, the cars are often going much faster. Crosswalks are few and far between.

New safety features include mid-block pedestrian crossings, better lighting, and longer-lasting walk signals. While such safety improvements are welcome, they still do not stop negligent drivers from engaging in reckless actions that endanger pedestrians, such as the following:

  • Drunk driving
  • Distracted driving
  • Running red lights
  • Turning at intersections without checking for pedestrians in the crosswalks
  • Backing vehicles out of parking spaces without checking the rearview mirror
  • Speeding
  • Reckless driving

A seriously injured pedestrian in Zephyrhills has legal rights, and our attorneys at Kogan & DiSalvo are ready to protect them.

Establishing Liability in Pedestrian Accident Claims

Modern public CCTV camera in a shopping center

In some pedestrian accident cases, it is clear who is at fault, while others may require a more thorough investigation. Our team has significant resources to investigate accidents and find evidence often pointing to a driver’s or another party’s negligence.

We can obtain video, e.g., CCTV surveillance, dashcam, or security footage, eyewitness testimony, cell phone records, and accident scene evidence like skid marks and debris, to determine how the accident happened and who is liable. Armed with solid evidence, we can make a clear and compelling case for you during settlement negotiations or, if necessary, in court.

Were You Partly to Blame? You Still Have Rights

A painted crosswalk on a city street

The defendant’s legal counsel may argue that the accident was partly your fault. They may claim that you were jaywalking, using a cell phone, or wearing dark clothing at night, which contributed to your accident. Remember, even if this is true, you may still be able to recover compensation.

Under Florida’s modified comparative negligence doctrine, those who are 50 percent or less responsible for an accident are still entitled to a damages award. However, their degree of fault, determined by a judge or jury, will reduce the amount. For example, the court determines you are 20 percent responsible for your accident. In that case, a $100,000 award would be reduced to $80,000.

Compensable Damages after a Pedestrian Accident

A printed medical billing statement with a stethoscope on top of it

A skilled Zephyrhills personal injury lawyer can make a significant difference in your life after you have suffered severe injuries in a pedestrian accident. You may be eligible for the following:

  • All medical expenses related to the accident, including ER and ambulance care, hospitalization, surgeries, medication, diagnostic tests, and physical therapy
  • Lost wages and future diminished earning capacity
  • Property damage
  • Pain and suffering
  • Diminished quality of life
  • Emotional trauma
  • Scarring and disfigurement

The total amount depends upon your case’s unique circumstances, including the severity of your injuries, how they have impacted your life, the degree of negligence exhibited by the at-fault driver, and the availability of insurance coverage.

Common Pedestrian Injuries

A doctor looking at an X-ray of a spinal cord injury on a tablet computer

Drivers and passengers in motor vehicles benefit from advanced safety features, and motorcyclists and bicyclists can wear helmets and other safety gear. Pedestrians, by contrast, do not have protection in a collision with a motor vehicle. When a careless driver strikes them, catastrophic injuries are all too often the result.

Common pedestrian accident injuries include:

  • Traumatic brain injury (TBI)
  • Spinal fractures
  • Herniated discs
  • Internal organ damage
  • Fractures
  • Facial and dental injuries
  • Sprains and strains

A recent study found that age was a determining factor in the risk of specific pedestrian accident injuries. The youngest pedestrians (ages 0 – 14) had the highest risk of sustaining brain injuries when struck by motor vehicles, while the oldest (ages 65 and up) were the most likely to sustain severe spinal and vertebral injuries. Adults aged 24 to 64 had the highest incidence of sprains, strains, and dislocations.

Dealing with Insurance Companies

An insurance adjuster with a clipboard examining the scene of a car accident

You can help your legal prospects by making sound decisions and avoiding preventable mistakes. For example, do not accept a settlement offer from an insurance company representative before speaking to an attorney. The amount is often well below what you need to recover. Instead, please consult with our team at Kogan & DiSalvo. As our client, we will handle all negotiations on your behalf so you can focus on your recovery.

The Statute of Limitations

Close-up of an hourglass, pen, and magnifying glass on top of a legal document

The statute of limitations for personal injury claims in Florida is generally two years. However, it’s wise to act quickly because important evidence can disappear or witnesses can be challenging to locate the longer you wait. The sooner your attorney can begin working on your case, the better your chance of obtaining a successful result.

Schedule a Free Consultation at Kogan & DiSalvo

The attorneys at Kogan & DiSalvo in front of their office building

As the premier personal injury law firm in Florida, we handle a broad range of personal injury lawsuits and have a proven track record of success. If you have been hurt by a negligent motorist, a Zephyrhills pedestrian accident lawyer is here to listen to your story and help you understand your right and opportunity to file a claim for damages. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you will not pay attorney’s fees unless we win compensation for your injuries.

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