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We are often unprepared for the life-threatening repercussions of being injured in a pedestrian strike accident. Injuries sustained in these types of accidents can often be life-threatening or worse. Recovery can take months and sometimes years. For some, the possibility of returning to work or living an everyday life is never realized.
No matter how cautious you are, the negligence of others is unavoidable in some cases. You may need a Florida pedestrian accident lawyer to help you secure compensation for the physical and mental damage you suffer due to a pedestrian accident.
The Importance of a Florida Pedestrian Accident Lawyer
Florida is a hotspot for pedestrian strike accidents. The greater Miami and Fort Lauderdale areas, including Boca Raton, are one of the multiple regions of Florida included in the top 20 worst for pedestrian injury and death.
Most victims aren’t unaware of the complexities of navigating the insurance claims, compensation, and litigation processes after a pedestrian injury. A Florida pedestrian accident attorney will help you avoid settling for a minuscule amount from unaccommodating insurance companies.
Proving you were a legal pedestrian
Before attempting to prove the driver’s negligence, the first step is proving by the greater weight of the evidence that you were a legal pedestrian. An insurance company’s pressure tactics may try to prevent you from suing for compensation by falsely informing you that they can prove you weren’t a legal pedestrian.
Additionally, as of March 24, 2023, the Florida legislature enacted a new personal injury law that prohibits an injured victim from financial recovery if they are found to be more than 50% at fault in causing the accident. For example, a pedestrian who gets hit by a vehicle as a result of disregarding a don’t walk signal or light could potentially lose their right to recover. This is one of the many reasons why it is so important to hire an experienced pedestrian accident attorney right away so they can gather the evidence and protect your legal rights.
Under Florida law, a pedestrian is anyone traveling who is “afoot.” This includes someone walking, running, jogging, or any portable instrument requiring you to stand upright, such as a skateboard, a scooter, or skates. Being a legal pedestrian also means that you were abiding by all Florida pedestrian laws, including, but not limited to, the following:
- Traveling on the sidewalk when possible
- Following all signs and traffic-control devices
- Crossing only at intersections with marked crosswalks and never between
- Traveling in the absence of marked crosswalks only at intersections, using only right angles to the curb or closest point between two curbs
- Yielding to traffic when crossing without control devices or marked crosswalks
- Crossing in the above scenario only when there is plenty of distance for oncoming drivers to yield or stop
After ensuring you legally exercised your rights as a pedestrian, an attorney can prove the driver’s negligence.
Common forms of negligence from drivers
The worst accidents resulting in pedestrian injury occur after sundown due to low visibility. However, pedestrian foot traffic is much higher during the day.
Some of the leading causes of driver negligence include:
- Rubber-necking, or turning away to watch another event
- Fixing hair, grooming, or applying makeup
- Eating and drinking
- Adjusting radio dials
- Reading
- Texting or talking on the phone
- Talking with a passenger
- Searching for items in the vehicle
Depending on the severity of your injuries, your attorney will decide a realistic amount to cover medical expenses, pain, suffering, and loss of wages.
What’s the Most Common Pedestrian Injury?
Because pedestrian accidents have so many variables involved, injuries can include any body part and severity level. Fatal injuries usually include the head from striking either the car or the pavement.
Other injuries to the internal organs, bones, spinal cord, skin, soft tissues, and areas of the face, neck, and pelvis can take months or years to heal from.
What to Do If You’re Hit By a Car
Although challenging, it’s important to remember to remain as calm as possible. Collecting yourself and following the proper steps after experiencing a pedestrian accident-related injury is vital.
The moments directly preceding a pedestrian accident are the most crucial. If you’re physically able, you must remember to complete several important tasks and log critical information. Using the following steps can help your case tremendously:
- Always see a medical professional: Even if you don’t feel immediate pain or the presence of an injury, a professional needs to take a more thorough look. You could suffer internal injuries, and your visit begins a vital trail of evidence proving you’re entitled to compensation.
- Take down pertinent information: Get the names, numbers, addresses, and insurance information of all parties involved. Write down a description of the vehicle, the license plate number, and where the accident occurred. Obtain the phone numbers of any witnesses. It’s also a good idea to write a detailed log of your recollection of the events immediately after they occur.
- Log everything: Keep records of all of your doctor’s appointments. Any visits with specialists, surgical procedures, or recommendations for surgical procedures must all be documented on paper and copied. Make copies of the police report, and log any conversations with witnesses, parties involved, or insurance agents. Log all missed hours at work and obtain proof from your employer.
- Contact a reputable Florida Pedestrian Accident Attorney: Obtain the services of a reputable Florida attorney and provide them with all of your documentation.
An Experienced Florida Pedestrian Accident Attorney Can Help
If you or someone you love has suffered a pedestrian injury, you must hire an attorney who understands the intricacies of Florida pedestrian law with experience representing cases like yours. When personal injury protection insurance is exhausted, don’t attempt to take on the driver’s provider alone.
The Eltringham Law Group will help you recover lost wages and coverage for your medical expenses and emotional trauma suffered as a result. Contact us online or call us at 561-944-6746 today.
Pedestrian Accident Frequently Asked Questions
How long do you have to file a claim after a pedestrian accident?
The window to file a court claim regarding a pedestrian injury or accident is not unlimited. Typically, you have four years from when the injury was sustained to file your case in court. This deadline may be extended in sporadic cases, but having an attorney is essential during these instances.
What is the average amount of compensation for a pedestrian injury?
Each case presents unique circumstances and numerous variables that impact potential case value, including but not limited to, the severity of the victim’s injuries and the extent of available insurance coverage.
Determining a fair and equitable settlement value is a meticulous process that may span several months or even years, depending on the intricacy of your case. It’s crucial to approach with caution any legal professional who tell you how much your case is worth, particularly prior to formally engaging their services and providing them with the specific details of your situation.
