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Assisting Pedestrian Accident Victims in Their Pursuit of Financial Recovery
We are often left unprepared for the unthinkable. When faced with a life-threatening accident, the first thing we often do is panic. While this is natural, it is important to try to keep a level head and think clearly about what to do next. Obviously, you should seek medical attention for any injuries to yourself or your loved ones. Next, it is possible that you will begin calculating the long-term repercussions of such an accident, including the potential medical bills, lost wages, and other financial losses. Before you get too deep down that rabbit hole, you should seek legal representation to represent your personal injury claims.
Bozanic Law has years of experience representing injured pedestrians in complex pedestrian accident cases. Led by Florida personal injury lawyer Zeljka Bozanic, our legal team is uniquely qualified to handle personal injury cases of all sorts across southern Florida. We pride ourselves on providing accident victims with compassionate and highly competent legal services so that our clients want for nothing. To learn more about the services we provide at our personal injury law firm, please get in touch with our Broward County-based law office to schedule a free, no-obligation case evaluation today.
Who or What is Defined as a Pedestrian According to Florida Law?
A pedestrian is legally defined differently in every state. According to Florida laws, pedestrians can include anyone on or near a road who is walking, jogging, running, rollerblading, roller skating, skateboarding, in a wheelchair, or using a foot-powered scooter.
In some cases, bicyclists may be considered pedestrians. When a bicyclist is on the road and part of the flow of normal traffic, they will be considered a vehicle like any car, truck, van, or motorcycle. However, cycling on sidewalks is legal in Florida. When a bicycle is cycling on the sidewalk, it may be considered a pedestrian. But a bicyclist must still yield to the right of way of pedestrians on foot whenever the cyclist is on a sidewalk or in a crosswalk.
Even the pedestrian may be considered to be at fault for causing an accident, as pedestrians have certain rights and responsibilities in terms of their duty of care to those they share the roads, crosswalks, and sidewalks with. More often, however, many pedestrian accident cases are caused by at-fault drivers. When an at-fault party is a motorist, the pedestrian has the potential to file a personal injury claim against them and pursue compensation through that driver’s car insurance company policy.
Florida residents who are victims of pedestrian accidents are eligible for financial recovery for medical expenses from the at-fault drivers’ personal injury protection insurance period. However, out-of-state tourists who are injured pedestrians in Florida are not covered in the same way. To learn more about these differences, please contact our personal injury law firm to schedule your free initial consultation.
Are Fatal Florida Pedestrian Accidents Common?
According to data from the NHTSA, approximately 4,000 pedestrians die every year across the country in motor vehicle accidents. On average, that means about 20 people die each day while walking, jogging, rollerblading, or biking along the side of a road. Across Florida in recent years, there has been a noticeable uptick in pedestrian deaths. Pedestrian fatality increased 25% between 2020 and 2021.
Florida is one of the most dangerous states for pedestrian accidents. Our pedestrian accident fatalities are double the national average. In recent years, there have been approximately 9,000 pedestrian accidents annually, with over 7,000 suffering serious injuries and an average of about 800 suffering fatal injuries (according to the Florida Department of Highway Safety and Motor Vehicles). Florida has the second most pedestrian fatalities in the country per year. The only state considered to be more dangerous for pedestrians is New Mexico.
About 3% of all traffic collisions in Florida involve a pedestrian or someone on foot, but pedestrians account for roughly 20% of all traffic-related fatalities.
When Should You Contact Florida Pedestrian Accident Lawyers?
The first thing you should do after you’re in a pedestrian accident is call 911. Even if you feel okay, you should still get medical treatment for any potential injuries. Certain injuries may be internal, and you may not be aware of the severity of them until it is too late. Also, talk to the police, as police reports will be valuable evidence for your pedestrian accident case.
Far too many pedestrian accident cases involve a hit-and-run. If you are in a hit-and-run accident, attempt to get a good look at the vehicle and its license plate before they flee the scene.
If the responsible driver remains at the accident scene, exchange contact information and insurance company information with them. Additionally, if there were any eyewitnesses to the pedestrian crash, attempt to get their witness statements.
When you have all this evidence in hand and you’ve been checked out by a medical professional, now is the time to contact a personal injury attorney at our law firm. Remember, every consultation for our firm is free and comes with no obligation to retain our legal services.
If an insurance company adjuster arrives at the scene of the accident, you do not need to speak to them. They may present themselves as friendly and agreeable, maybe even sympathetic to your pain, but they’re not on your side. They are there to reduce the potential financial recovery for your case. If they insist on speaking with you, instead refer them to our Florida personal injury lawyers.
How Do Pedestrian Accidents Occur?
No matter how cautious and prepared you might be while out for a stroll, accidents can and do happen, and always when we least expect them. No matter how many precautions you take, all it takes for a pedestrian accident to happen is a single solitary lapse in judgment on the part of an otherwise good driver.
Common causes of pedestrian accidents in Florida include the following:
- Cars disregarding traffic signals. (Pedestrians must also follow traffic signs, too.)
- Distracted driving
- Drivers making a left-hand turn and not noticing that pedestrians have the walk light
- Drivers who do not obey traffic laws
- Drivers who put their cars into reverse without looking
- Driving under the influence of marijuana, stimulants, or other drugs
- Drowsy driving and driver fatigue
- Drunk drivers
- Eating while driving
- Failure to use caution in residential areas
- Failure to yield to oncoming traffic
- Motor vehicle traffic
- Motor vehicles hopping the curb and driving on the sidewalk
- Negligent motorists
- Personal grooming while driving
- Reckless driving
- Speeding
- Talking on a cell phone while driving
- Texting while driving
- Unsafe lane changes
Can Pedestrians Be Considered ‘At-Fault’ for Causing a Car Accident?
While so many pedestrian accidents happen because a motorist does not obey traffic laws or practice necessary caution, sometimes the pedestrian may be the cause of the accident. When crossing the street on a pedestrian crosswalk, pedestrians should put their phones down and focus on the road. Sometimes, pedestrians step out into a crosswalk while there is traffic bearing down on them, resulting in an auto accident. Always look both ways before stepping out into the street.
Other situations where pedestrians may be at fault for causing a motor vehicle accident involve them crossing the street somewhere other than a pedestrian crossing, running out into the street without warning, lunging at vehicles passing by, and other limited instances.
Depending on the facts of the case, pedestrians may be held liable for causing a traffic accident, even if the pedestrian was the only one to suffer serious injury in the crash. As with every traffic accident, an investigation will be conducted to determine fault and liability for the accident.
Who Could Be Held Liable for Pedestrian Accident Legal Claims?
Some pedestrian accidents don’t even involve motor vehicles ever coming into contact with pedestrians. Sometimes, a pedestrian could suffer serious injuries because a motor vehicle hits a piece of debris in the road, and that debris gets hurled toward the pedestrian on the sidewalk. When such a thing happens, who is at fault? Experienced pedestrian accident attorneys will represent your case to help determine the answer to that question.
In Florida, everyone who shares the road with other people has a certain duty of care not to bring harm to others. If this duty is breached, they may be held liable for economic and non-economic damages in a personal injury claim. Depending upon the effects of your unique pedestrian accident case, several parties may be held liable for damages for the injuries and losses you suffered.
Potentially liable parties for pedestrian accident cases in Florida include:
- Bicyclists
- Defective product manufacturers
- Delivery drivers and their associated employers
- Government entities
- Negligent or reckless drivers
- Other pedestrians
- Property owners of defective parking lots or sidewalks
- Public transportation driver negligence
- Transit companies
- Truck drivers and commercial trucking companies
- Uber and Lyft drivers, as well as the rideshare companies
- Vehicle manufacturers
What Are Common Injuries Sustained in Pedestrian Accidents?
Many pedestrian accidents result in serious or even life-threatening injuries. In fact, if a pedestrian can get up and walk away from an accident, they should consider themselves very lucky indeed.
Others far less lucky may be forced to contend with the following pedestrian injuries:
- Amputations
- Back and neck injuries
- Broken bones and bone fractures
- Catastrophic injury
- Complete or partial paralysis
- Crushing injuries
- Deep vein thrombosis (DVT)
- Disfigurement and facial injuries
- Internal bleeding and organ damage
- Nerve damage
- Post-traumatic stress disorder (PTSD)
- Road rash
- Soft tissue injuries like damage to tendons, ligaments, muscles, and skin
- Spinal cord injuries
- Traumatic brain injury (TBI)
- Wrongful death
Whether you suffer minor or severe injuries, we would be proud to represent your case while you are in pursuit of fair compensation. Our personal injury law firm, based out of Weston, Florida, has extensive experience helping injured clients recover maximum compensation for their injuries. We will fight for the most optimal outcome for your pedestrian accident lawsuit so that you can get back to living your life again after this unfortunate tragedy of circumstance.
What Are Your Chances of Recovering Compensation for Your Pedestrian Accident Claim?
With a solid personal injury lawsuit, your pedestrian accident case could recover substantial compensation for your injuries and other losses. The more evidence we have to support your personal injury case, the better the chances of recovering full compensation. Speak to a Florida pedestrian accident lawyer today to begin building your case today.
If your personal injury claim is successful, the other party’s insurance company will help settle your damages to make you ‘whole’ again. This compensation may come in the form of economic and non-economic damages.
Economic damages can help compensate you for the following:
- In the event of a wrongful death lawsuit, you may be awarded funeral expenses and burial expenses
- Lost income earning capacity
- Lost wages and lost future wages
- Past medical bills and future medical expenses
- Physical therapy expenses
- Property damage
Non-economic damages may help compensate you for the following:
- A wrongful death claim
- Emotional distress
- Lost interest in life
- Mental anguish
- Pain and suffering
What Are the Benefits of Retaining Legal Representation from a Pedestrian Accident Lawyer?
One of the hardest challenges after being in a pedestrian accident is contending with the insurance companies and the lawyers representing the defendant. As your legal representative, skilled pedestrian accident lawyer Zeljka Bozanic will represent your legal rights as you pursue maximum compensation for your injuries.
You will be given time to recover from your accident at your own pace in the company of your family members. Meanwhile, our pedestrian accident law firm handles the rest, including filing the insurance claim, dealing with the lawyers representing the negligent motorists, and reviewing your health insurance policy.
Schedule a Free Consultation with an Experienced Florida Pedestrian Accident Attorney Today
If you have been injured in a Florida pedestrian accident, we highly recommend that you retain the professional legal counsel of experienced personal injury attorneys. Bozanic Law has years of experience representing clients in complicated personal injury cases across our beautiful state, and we would be proud to represent your case as well.
To learn more about the legal process and how we can assist you in the pursuit of a fair settlement, please contact us for a free case review today. 954-800-2864.