Pedestrian accidents can cause significant injuries and result in astronomical bills and expenses. Death, paralysis, broken bones, and brain injury are just some of the potentially grievous results of pedestrian accidents.
If you or your loved one was recently involved in a pedestrian accident involving a motor vehicle, call the Law Offices of Anidjar & Levine to discuss your legal options with a pedestrian accident lawyer in Fort Lauderdale. We can review your case, explain how to proceed with your claim or lawsuit, and how to maximize your compensation.
For a free legal consultation with a pedestrian accidents lawyer serving Fort Lauderdale, call (800) 747-3733
What Types of Damages Can I Collect?
Your personal injury protection (PIP) coverage will cover 80 percent of your medical bills and 60 percent of your lost wages, up to the policy limits, which might be as low as $10,000. For a fuller recovery and to collect damages for pain and suffering, you would have to step outside of the no-fault system and file an action against the at-fault driver.
Of course, you would need to be able to show the court that the other driver’s negligence caused the accident to win a court award.
Recoverable Economic and Non-Economic Damages
Economic damages are monetary expenses from your accident. These can be proven with documentation. They include:
- Medical expenses
- Lost wages
- Lost or reduced earning ability
- Property damage
- Other accident-related expenses
Non-economic damages are those losses that do not have a dollar amount. Such damages include:
- Pain and suffering
- Mental anguish
- Loss of quality of life
- Emotional and psychological trauma
- Loss of companionship
Wrongful Death-Related Damages You May Be Able to Recover
If your loved one died in a pedestrian accident, you could obtain compensation for:
- Medical expenses your loved one incurred before death
- Funeral and burial expenses
- Loss of financial support and services
- Loss of parental companionship, instruction, and guidance
- Loss of companionship and protection
- Mental pain and suffering
Fort Lauderdale Pedestrian Accidents Lawyer Near Me (800) 747-3733
How a Lawyer Can Help Your Pedestrian Accident Case
We realize recovering from an injury takes time and that your focus is on healing, not taking care of a legal matter. That’s where we come in. We want you to concentrate on getting better while we take care of everything else.
We can manage your pedestrian accident case from start to finish, handling communications with insurers and other attorneys for you. We will advise you of your legal options and next steps, letting you know upfront what your case involves.
We will also file your lawsuit on time and in accordance with the deadlines outlined in Florida Statutes §95.11(3)(a) (four years for personal injury, two years for wrongful death actions).
We Can Determine Your Case’s Value
Our pedestrian accident attorneys can total up your damages and assess your case’s value so that you know how much you could receive. When long-term or permanent disabilities are involved, we will talk to medical and financial experts to calculate your future damages so you can get the compensation you need.
Having this information will let you know what your case is worth going forward and whether any prospective settlement offers meet your needs.
We Can Negotiate with Insurance Companies for You
Insurers are known for offering low initial settlements. Because we will know what your case is worth, we can fight on your behalf for a settlement that reflects your losses.
You could take on the insurer on your own, but our attorneys know how to handle insurance companies and the many tactics they use to reject a claim or stall negotiations. If we are unable to reach a settlement in your favor, we are prepared to go to court to fight for the financial recovery you deserve.
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What Options for Recovery do I Have as an Injured Pedestrian?
One of the first steps to take after a pedestrian accident is to determine what insurance and legal options you have to pursue compensation for your injuries. Florida is a no-fault state, so the majority of the time, accident victims simply file a claim with their own insurers.
Pedestrian accidents are somewhat unique, though. You might have several avenues available:
- PIP: PIP coverage, insurance required by every registered driver in Florida that pays for a portion of your medical bills, will cover damages for injuries in pedestrian accidents, too. If you carry PIP insurance on your auto insurance policy, or if someone in your house does, you can file a claim with that insurer, irrespective of fault.
- The at-fault driver: If the driver was at fault for the accident, you can file a claim and recover under his insurance policy.
- Liability lawsuit: If the at-fault party does not have sufficient insurance to cover your losses, you can file a civil suit in court to seek damages.
Determining liability and which insurer to file a claim with for a pedestrian accident can be tricky. The other party’s insurance company might try to apportion part or all of the blame onto you to deflect liability. Or it may attempt to minimize the severity of your injuries.
Before taking any legal action or making any official recorded statements to the insurance adjuster, run your case by an attorney for advice.
What if I was Partly at Fault for My Pedestrian Accident?
It is not always drivers who are totally at fault for pedestrian accidents. Pedestrians may be partly responsible, too, such as if they walk while texting, run across the street without looking carefully, or stumble into the line of a vehicle because they are intoxicated.
While drivers have a duty of care to drive safely and protect pedestrians and other road users from undue harm, pedestrians have a duty to protect themselves by staying vigilant. If you breach this duty and contribute to an accident, the insurer or court might find you liable.
Comparative Negligence Rule in Florida
If the court or insurer deems you partly responsible for the accident, your degree of fault will limit your recovery, as per Florida’s comparative negligence rule. For example, if the insurer finds you to be 40 percent at fault, you will only be able to recover 60 percent of your damages.
How Prevalent are Pedestrian Accidents?
Florida is the riskiest state in the nation when it comes to pedestrian safety, according to Smart Growth America’s Dangerous By Design 2021 report. Per the report, the state had nearly 5,900 pedestrian deaths between 2010 and 2019. During that same period,
the number of pedestrians struck and killed by drivers in the U.S. went up 45 percent.
More than 6,000 pedestrians were killed in traffic accidents in 2019, according to the National Highway Traffic Safety Administration (NHTSA). Various factors contribute to the risk of pedestrian accidents, such as:
- Lack of safe pedestrian walkways and crosswalks
- Congestion and overpopulation
- Driver and pedestrian distraction (e.g., cellphones)
Extensive injuries affecting the entire body can result from pedestrian accidents, especially those involving the head, neck, and face. Others include:
- Traumatic brain injuries (TBIs)
- Back and spinal cord injuries
- Soft tissue injuries (e.g., bruises, swelling, sprains, strains, burns)
Pedestrian accident victims can also suffer mental and emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). These effects could last far longer than some physical injuries. Our lawyer may be able to recover compensation for therapy or mental health counseling you may need after your accident.
Get a Free Consult with a Pedestrian Accident Lawyer’s Office in Fort Lauderdale
If you have been in a pedestrian accident, we advise you to first get the medical care you need. Not all injuries are visible after an accident. Some can take days or weeks to surface. Yet, even before you see a doctor, we encourage you to reach out to our team.
A lawyer can answer all of your questions about filing a claim and pursuing compensation. And most injury law firms — the Law Offices of Anidjar & Levine included — charge legal fees on a contingency basis, which means we do not charge you unless you win your case.
Call us Today for Help
Our Fort Lauderdale pedestrian accident attorneys are ready to help. If you or a loved one was involved in a pedestrian accident, call our office for a free consultation.