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, between 2011 and 2013, vehicles hit 1,363 pedestrians and 76 pedestrians were killed in Palm Beach County. Collecting compensation from insurers for a pedestrian accident can be challenging. Residents of West Palm Beach who have been injured in a car crash can consult the attorneys at Anidjar & Levine to discuss their options.
Pursuing Damages after a Pedestrian Accident
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. This 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 quite serious and result in significant injuries that require far more than $10,000 to treat. If you are not the owner of a car, the driver’s PIP insurance should cover up to $10,000 before you must turn to liability insurance.
You have a limited amount of time within which to sue the driver. 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. It may be necessary to reconstruct the accident scene, interview witnesses, and retain an accident reconstruction specialist to figure out what caused the accident.
If you must bring a lawsuit against the driver who was at fault for the accident, you will most likely sue on the basis of negligence. You would need to prove by a preponderance of the evidence that the driver owed you a duty, the driver breached the duty, the breach caused the accident, and you suffered actual damages. 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, or failures to yield the right of way to a pedestrian in a crosswalk.
In some cases, both the driver and the pedestrian may be at fault. While a driver can react more quickly than a pedestrian can, a pedestrian is expected to watch where he or she is going. Both are expected to use a reasonable degree of care. Florida follows the doctrine of comparative negligence. This means that a defendant driver may claim the pedestrian is partially or fully to blame for his or her injuries. The jury will evaluate the total damages and also assign percentages of responsibility to those found to be at fault.
Discuss Your Motor Vehicle Collision Claim with a West Palm Beach Attorney
If you have been struck by a careless driver in West Palm Beach or the surrounding area, the experienced injury lawyers at 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. Among other things, you may be able to recover compensation for medical bills, lost income, vocational rehabilitation, household services, and pain and suffering. Call our attorneys at 800-747-3733 or contact us via our online form for a free consultation.