Boca Raton Pedestrian Accident Attorneys

Pedestrian Accident Statistics in Florida

When the weather is right, Florida can be a wonderful and beautiful place to walk around. A recent study, however, found that 9 of the 20 deadliest U.S. cities for pedestrians are in Florida. In particular, the study found that 1,549 pedestrians in the Miami-Fort Lauderdale-West Palm Beach area were hit and killed from 2008 through 2017. 

In addition to the eye-popping Florida results, the same study found that pedestrian deaths increased by 35.7 nationwide and totaled 49,340.  Why the increase?

The number of drivers on the road are about the same, but the fatality rate has drastically increased. One reason is the increased size and popularity of SUV vehicles. A pedestrian struck by a pick-up truck or SUV is 3 times more likely to be killed. Other likely reasons are the frequency in which distracted or divided attention driving occurs.

Different Types of Pedestrian Accident Claims

Like a car crash, your pedestrian accident attorneys must prove that the driver who struck you with their vehicle, was negligent (i.e., at fault). Under Florida law, negligence means that the other person failed to use due care in the operation of their vehicle. In order to prove negligence, your attorney MUST establish the following four things:

  • Duty: The at-fault driver had a duty to operate a motor vehicle in a safe and prudent manner.

  • Breach: The at-fault driver breached their duty to operate the vehicle in a safe, reasonable, or prudent manner.

  • Cause: As a result of the at-fault driver’s breach, a crash was caused.

  • Damages: You suffered injuries or other economic damages in the crash.

Some ways that your pedestrian accident lawyer can establish negligence is by proving that the at-fault driver was:

  • Texting while driving

  • Driving under the influence of alcohol or drugs

  • Distracted driving

  • Failed to stop before the crosswalk

  • Speeding

  • Driving too fast for conditions

  • Ran a stop sign

  • Ran a red light

What injuries result when a pedestrian is struck by a car?

Due to the tremendous force involved when a vehicle hits a pedestrian, often the injuries are significant. The weight and speed of the moving vehicle are absorbed by your body without any protection.

Every crash is different and the angles involved can have a big effect on the severity of the injuries. These injuries can cost you significant amounts of money for medical care following the crash, and potentially for the rest of your life.

Some common injuries that pedestrian accident victims suffer are:

  • Fractured bones

  • Brain bleeds

  • Traumatic brain injuries

  • Neck injuries

  • Back injuries

  • Spinal cord injuries

  • Nerve damage

  • Shoulder and knee injuries

  • Scarring

  • Paralysis

Can I hire a pedestrian attorney even if I might have been at-fault?

Yes, you can absolutely hire a pedestrian crash attorney even if you think you might have been partly at-fault. When a pedestrian is struck by a vehicle, there are no witnesses; it’s a ‘he said, she said’ situation.

It might be that both the driver and pedestrian are a little bit at fault for the crash. You can still hire a Florida pedestrian accident attorney to bring your claim forward. Other states have different laws on this issue, but Florida is a pure comparative negligence state.

Under Florida law, even if partially negligent, you are not prohibited from making a claim. The opposing party is responsible to pay you for their percentage of fault. For example, if a jury awarded you $100,000 and found the other party 40% at-fault, then the other party would be responsible to pay you $40,000 which is 40% of the jury award.

 

If I am struck as a pedestrian, do I still have the possibility of PIP benefits?

 So how are you going to pay your medical bills after an accident?

Florida requires that all drivers carry a type of insurance known as Personal Injury Protection (PIP). You may know it as ‘no-fault’ insurance. PIP will cover the first part of your medical bills and lost wages. This coverage applies regardless of fault, thus its nickname. If you have auto insurance, your PIP benefits may still extend to you as a pedestrian.

You cannot rely completely on PIP, however, since it is limited. Florida’s PIP coverage only covers up to $10,000 in medical bills for Emergency Medical Conditions (EMC) and $2,500 for non-EMCs. It also covers up to $10,000 for lost wages and up to $5,000 for death benefits.

After PIP benefits are exhausted, it is up to the at-fault party to pay the remainder of the injured victim’s medical bills and damages. This is most often done through insurance companies; and this where negotiations and lawsuits come into the picture.

During this period, your personal injury attorney will help you to keep track of your mounting medical bills and other debts and will contact these companies to work out agreements for possible delayed payment pending a settlement.

Despite this, it is always the responsibility of the person getting the treatment to pay their own medical bills. Since these bills can add up fast, it is best to employ the services of an experienced personal injury attorney right away so that you can know your rights and options.

What compensation can be awarded following a pedestrian accident?

Filing a lawsuit or negotiating with the insurance companies after a pedestrian accident is all about a means to recover compensation for your damages. Getting the compensation you deserve will save you loads of stress and financial pressure in the future.

Florida pedestrian accident lawyers can work to make the insurance company pay for your injuries and financial losses. These are known as your damages and you should be compensated for them.

Florida law recognizes that an injured pedestrian accident victim can recover money for:

  • all of the medical bills that you have incurred,

  • the future medical bills that you will incur,

  • your lost wages,

  • loss of future earning capacity,

  • pain and suffering in the past and in the future,

  • and other negative consequences, like the loss of the enjoyment of life.

Once I have hired a Florida pedestrian accident attorney, now what?

As discussed above, your lawyer will put the insurance companies on notice that we represent you. Once the insurance companies receive our letters, they are required by Florida law to provide us with all available insurance coverage information. This is important so that we can determine the amount available to recover for you.

We will be there with you step-by-step as you recover from your injuries. Through years of representing clients in personal injury cases, we know who the best medical providers in the community are and are always willing to assist clients with locating the best possible physician for their specific needs.

After you have treated with your doctors and they have given their opinions about the severity of your injury and what medical treatment is necessary to address your pain, your accident attorneys will send a pre-lawsuit settlement demand package to the insurance companies. This settlement demand package will inform them of why the other person was at-fault, the severity of the crash, the injuries suffered, the medical bills incurred and to be expected in the future and outline how your pain and suffering has affected your life.

As a result, the package will contain a demand to the insurance company to settle your claim or a lawsuit will be filed against them and their insured. It is important that the insurance company knows that you are represented by a serious Florida pedestrian crash lawyer that is willing to file a lawsuit against them and take them to court if they do not offer you a fair settlement. We have and will follow through on behalf of our clients. It is our duty and mission to get our clients the best possible settlement for their pedestrian accident cases.

Free Consultation and No Fees Unless You Win

The Law Offices of Arye P. Corbett represent injured victims in Fort Lauderdale, West Palm Beach, Boca Raton, and all over the state of Florida. 

Contact our pedestrian accident law firm today to discuss with a personal injury lawyer how we can help you pursue your injury claim. The Law Offices of Arye P. Corbett is always here for you and will gladly come to you to meet in-person. Our consultations are completely free and require no commitment. We will discuss your options and rights, and decide together, what to do next.

We look forward to hearing from you.

Contact our office today by calling us at 561-948-3700 or by sending an email to arye@yourbocalawyer.com.