Going for a walk lets you enjoy the fresh air in West Palm Beach, FL. Walks also help you stretch your legs, avoid paying high costs for gas, and represent an eco-friendly method of transportation. Unfortunately, walking can also put you in close quarters with motor vehicles. Sometimes, vehicle drivers do not pay attention to pedestrians. They may ignore crosswalks or even swerve onto the sidewalk, resulting in a serious accident.
Collecting compensation from insurers for a pedestrian accident can be challenging. Residents of West Palm Beach who have been injured in a car accident contact the West Palm Beach personal injury lawyers at the Law Offices of Anidjar & Levine to discuss their options.
Your Steps After A WPB Pedestrian Accident
Legal professionals recommend that you take several steps following a pedestrian accident. Taking these steps can help you resolve your claim to receive compensation for your losses. Make sure that you:
- Contact the police and report the accident
- Take pictures of your injuries and the vehicle that struck you
- Get contact information from the driver who struck you and any eyewitnesses
- Seek immediate medical care if you are hurt
- Contact a car accident lawyer for help
We understand that you may not be able to take all of these steps following your accident, especially if you sustained serious injuries. Pedestrian accidents often result in:
- Head and brain injuries
- Back, neck, and spine damage
- Internal injuries and broken bones
- Cuts, road rash, and soft tissue injuries
Make sure you seek medical care for your injuries and consider contacting a lawyer if you cannot take any other steps after an accident. Your lawyer can take over gathering evidence, dealing with insurance agents, and helping with police questioning, allowing you to focus on your recovery in West Palm Beach.
Pedestrian Accident Lawyers Dedicated To Helping West Palm Beach Residents
Located about 68 miles north of downtown Miami, West Palm Beach is considered easy to navigate by car because it is on a grid system. Unfortunately, according to the most recent data published in The Palm Beach Post, 41 pedestrians were killed in Palm Beach County in 2017.
In the event of an accident, our team believes in providing you with professional support. We offer responsive legal care along with frequent case updates while answering all your legal questions.
You can count on us to take care of all aspects of your legal claim while you worry about healing.
Can I Afford A Pedestrian Accident Lawyer?
Yes, anyone can afford a pedestrian accident lawyer from our firm. We work on a contingency fee payment plan. This means that:
- We don’t require any fees unless we win
- Our fees will come as a percentage of your final settlement
We employ this approach because we know you’re going through a challenging time. Legal costs shouldn’t prevent you from working with a lawyer. You deserve legal representation if you were injured because of someone else’s negligence.
Pursuing Damages After A Pedestrian Accident
A pedestrian accident may leave you with high medical expenses. Fortunately, you have options to cover these losses. If you are a pedestrian with car insurance for your own car, you will need to file a claim against the Personal Injury Protection (PIP) provision of your own insurance.
Your PIP plan will cover your injuries and lost wages up to $10,000. Only after exhausting those benefits will you be able to sue a negligent driver. Many pedestrian accidents are serious and result in significant injuries that require more than $10,000 to treat.
If you are not a car owner, the driver’s PIP insurance should cover up to $10,000 before you must turn to liability insurance.
How Should I Deal With Insurers After A Pedestrian Accident?
Dealing with insurers after a pedestrian accident can be tricky. They may not cooperate and offer you a low-value settlement. In some cases, they outright deny pedestrian accident claims. If you need to deal with the at-fault party’s insurer, use caution. These approaches could help you avoid jeopardizing the value of your claim.
- Do not provide a recorded statement – insurers sometimes use these statements against claimants
- Be careful when posting about your accident on social media, insurers might review your accounts and use that information to invalidate your claim
- Work with a lawyer – we can handle all your insurance communications
Our team of pedestrian accident lawyers serving West Palm Beach has dealt with insurers in the past. We can identify unfair insurance practices and advise you on what you should or shouldn’t say to insurers. You don’t need to stand up to big insurance companies alone.
Move Quickly To Secure Compensation Following Your Pedestrian Accident
You have a limited time to seek compensation after a pedestrian accident in West Palm Beach. Under Florida Statutes § 95.11(3)(a), pedestrians typically have four years to file a lawsuit before the statute of limitations runs out.
In some cases, the court system may grant you more time to resolve your claim. However, if you are filing a claim on behalf of a loved one lost in a pedestrian accident, you may have less time. Florida Statutes § 95.11(4)(d) only gives you two years to file a wrongful death lawsuit in most cases.
Common Causes of Pedestrian Accidents in West Palm Beach
Pedestrian accidents in West Palm Beach are unfortunately common and often result in severe injuries or fatalities. Understanding the common causes can help in both prevention and legal action. One of the leading causes is distracted driving; motorists who are texting, talking on the phone, or otherwise not paying full attention to the road may fail to see pedestrians crossing streets or walking along roadways. Speeding is another significant factor, as higher speeds reduce a driver’s ability to react in time to avoid a collision with a pedestrian. Failure to yield at crosswalks and intersections also contributes to accidents, with some drivers ignoring traffic signals or not respecting pedestrians’ right of way. Additionally, driving under the influence of alcohol or drugs impairs judgment and reaction times, increasing the likelihood of hitting a pedestrian. Poor weather conditions and inadequate street lighting can further exacerbate these risks by reducing visibility.
Florida Laws Protecting Pedestrians
Florida law provides specific protections for pedestrians to promote safety and assign liability in the event of an accident. Under Florida Statutes, drivers are required to yield the right of way to pedestrians at crosswalks and intersections, whether or not there are traffic control signals in place. Pedestrians have the right to walk on sidewalks and should use crosswalks when available. The law also mandates that drivers exercise due care to avoid colliding with any pedestrian and sound the horn when necessary. Violations of these laws can serve as evidence of negligence in legal claims, potentially increasing the compensation awarded to injured pedestrians. Understanding these statutes is crucial for victims seeking justice, as they outline the duties of care owed by drivers and pedestrians alike.
How a Pedestrian Accident Lawyer Can Help You
Engaging a pedestrian accident lawyer can significantly impact the outcome of your case by providing expert legal guidance and advocacy. An experienced attorney will begin by conducting a thorough investigation into the circumstances of the accident, collecting evidence such as police reports, witness statements, and surveillance footage. They will assess the extent of your injuries and calculate the full scope of damages, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs. Your lawyer will handle all communications with insurance companies, shielding you from tactics that aim to minimize your claim. They are skilled negotiators who strive to secure a fair settlement but are also prepared to represent you in court if necessary. By navigating the complex legal system on your behalf, a pedestrian accident lawyer allows you to focus on your recovery while working to maximize the compensation you deserve.
We Help Establish Liability For WPB Pedestrian Accidents
After a serious pedestrian accident, you may not have a strong recollection or awareness of exactly what caused the collision, which can put you at a disadvantage with the negligent driver’s insurer. The driver may even claim you caused the accident.
Our team can step in to review what really happened during your collision. It may be necessary to reconstruct the accident scene, interview witnesses, and retain an accident reconstruction specialist to figure out what caused the accident.
We work to prove by a preponderance of the evidence that the driver owed you a duty of care, the driver breached the duty, the breach caused the accident, and you suffered actual damages.
These terms each have their own specific legal definitions. They are as follows:
- Duty of care: A duty of care is a legal obligation to keep others safe from harm. Doctors, product manufacturers, and drivers all owe a duty of care to others. Proving a duty of care is straightforward in pedestrian accident cases, as all drivers are obligated to keep others from harm.
- Breach of duty: Breaches of duty are less straightforward. In a driving context, negligent behavior is considered a breach of duty. This could include speeding, ignoring road signages, or driving under the influence of drugs or alcohol.
- Causation: You can’t just say the at-fault driver breached their duty of care. There must be a clear connection between their breach and the accident that caused your injuries. For example, a lawyer could employ evidence to show that the at-fault driver was speeding, couldn’t slow down in time, and struck you, causing your pedestrian accident.
- Damages: Damages are the final component of liability. During this phase, you or your lawyer must show you suffered because of your accident. Medical records and other forms of evidence can be employed to illustrate the extent of your damages.
What If I Was Partially Responsible For My Pedestrian Accident?
Partial responsibility does not bar victims from receiving compensation. For example, let’s say that you ignored crosswalk indicators and were struck by a car. In this example, the driver was speeding, still behaving negligently. Let’s assume that you were 30% responsible for the accident, and the driver was 70% responsible.
Florida follows a contributory negligence doctrine. This means that:
- You would receive 30% less than the full compensation available to you
- The at-fault driver, or their insurer, is still responsible for 70% of your damages
Comparative negligence is a complex legal precedent. You don’t need to worry about how negligence will be divided without help. A pedestrian accident lawyer serving West Palm Beach can assist you. Based on the facts of your collision, our attorney will build a case proving the other party is 100% at fault for the accident and your injuries and fight for your claim to fair compensation.
Common Reasons For Pedestrian Accidents In West Palm Beach
If the driver committed a traffic violation, this can help prove the second element of breach of duty. Common breaches of duty by automobile drivers in pedestrian accidents include:
- Failures to use turn signals
- Failures to follow the speed limit
- Failures to stop at a light or stop sign
- Failures to yield the right of way to a pedestrian in a crosswalk
Our team can investigate your case, determine the liable party or parties, and hold them accountable via an insurance claim or personal injury lawsuit.
Your Compensation After A Pedestrian Accident In WPB
You may face a number of losses after a pedestrian collision in West Palm Beach. Our team focuses on these losses and takes legal steps to help you financially recover. Among other things, you may be able to recover compensation for:
- Medical bills
- Lost income
- Vocational rehabilitation
- Household services
- Pain and suffering
We individualize the care we provide to all our clients in the WBP area, assessing the specific losses associated with your accident. Speak to us today to learn more about your options for recovery.
Discuss Your Pedestrian Accident Claim With A West Palm Beach Attorney
If a careless driver struck you while you were walking in West Palm Beach or the surrounding area, the injury lawyers at the Law Offices of Anidjar & Levine may be able to represent you in pursuing compensation for your harm.
We also represent clients in other cities across Palm Beach County, such as Palm Beach Gardens, Royal Palm Beach, Wellington, and Jupiter. Call us today for a free consultation.
We Can Help.
