Experiencing a pedestrian car accident could drastically change the course of your life. Medical bills, lost wages, and a lengthy recovery period aside, you may have reason to go the legal route after a pedestrian accident. If so, a pedestrian accident lawyer like Steinger, Greene & Feiner could help you navigate this process more easily so that you can focus on your recovery.
After fighting for the rights of injury victims for over 25 years, Steinger, Greene & Feiner’s legal insight may be helpful when building your case. The team works on a contingency basis, making the success of your personal injury case as much their goal as it is yours. If you or a loved one has been involved in a pedestrian accident, please give us a call for a free case evaluation.
What Is a Pedestrian Accident?
A pedestrian accident involves a motor vehicle and someone on foot. In Florida, the state defines “pedestrian” as anyone who is “afoot” and includes walking, running, skateboards, and wheelchairs (Note: This definition does not include cyclists).
By Florida’s legal definition, a car striking a person who is crossing the street at a crosswalk would count as a pedestrian accident. This definition may seem simple, but it matters a whole lot when it comes to laws surrounding who is at fault. These parameters may be different for motorist accidents and pedestrian accidents.
For example, in Florida, motor vehicle accidents (i.e., between two cars) take the classification of no-fault. Insurance will pay for any damages incurred during these events. With pedestrian accidents, the law must first determine where the fault and the responsibility lie–a driver at fault would mean the pedestrian might be entitled to compensation.
Since pedestrian accidents involve heavy machinery and high velocities, serious injuries happen, such as:
- Broken bones
- Soft tissue injuries
- Lacerations
- Traumatic brain injuries
- Death
Florida has one of the highest rates of pedestrian accident fatalities in the nation, with pedestrian accidents common in retail and service areas that have higher speed limits. The rate of pedestrian accidents and fatalities in the US has been rising in the past decade. A combination of larger vehicles and outdated traffic infrastructure seems a plausible reason for this trend.
Common Causes of Pedestrian Accidents
Drivers and pedestrians must obey and respect the rules of the roads they use. Still, there are times when accidents happen even though both parties have taken all the necessary precautions. A good number of incidents in the US happen due to distracted driving, driver negligence, and the following common causes of pedestrian accidents:
Distracted Driving
Common distractions for drivers include texting, eating, using phones, or adjusting the radio or mirrors. All it takes is a split-second to cause a pedestrian accident as the driver takes their eyes off the road.
Impaired Driving
Pedestrian accidents are also commonly due to impaired driving. A pedestrian accident lawyer can confirm that these cases very often involve substances, like illicit drugs, alcohol, and medications, which slow reaction times and reduce attention.
Failure to Yield
Vehicles are legally required to yield to pedestrians at red lights, stop signs, and certain crosswalks. If a driver neglects to do so or refuses to yield, they could cause a pedestrian accident. For example, cars may turn right on green lights, but they must yield to pedestrians who are in the crosswalk and have a walk signal.
Reversing Drivers
When reversing, the limited visibility makes it easy for the driver to hit a pedestrian walking behind their car. Modern cars come with backup cameras to improve visibility, but they’re still not a substitute for vigilance when it comes to avoiding pedestrian accidents.
Speeding
Speed is another major cause of pedestrian accidents, causing nearly one-third (29%) of all traffic fatalities in the country. Speeding also increases the risk of severe injury.
Rights of Pedestrians
Pedestrians in the United States have the right to use walkways and crosswalks, as well as an obligation to follow the rules of the road and act responsibly. The law takes this same stance, considering negligence when assigning fault and responsibility after a pedestrian accident. Generally, to establish negligence on the part of the driver, a plaintiff would have to prove three things:
- The driver had a duty of care toward the pedestrian and other road users
- The driver breached that duty of care through action or inaction
- The breach of duty caused the accident and the pedestrian’s injury
In Florida and everywhere else, drivers carry a duty of care to behave responsibly and follow the rules of the road, which minimizes the risks to pedestrians. Violations in that regard may mean the court finds them negligent and liable for damages. For example, if a driver texts and drives through a stop sign, injuring a pedestrian, it is likely the courts would find them negligent and award the pedestrian damages to cover their injury.
Florida’s Comparative Negligence For Drivers and Pedestrians
Florida operates under a standard known as modified comparative negligence, under which both the driver and pedestrian can be found “at fault” in a pedestrian accident (if both were acting negligently). For example, if a pedestrian illegally jaywalks and a distracted driver who is texting hits them, the court might reasonably determine both parties were negligent and are at fault. If so, the court may reduce the damages by proportion of responsibility.
Let’s say that the court determined the above pedestrian was 20% responsible for the accident. Under Florida’s modified comparative negligence laws, the court may then reduce damages by 20%. Notably, no pedestrian can claim damages if a Florida court has judged them as more than 50% responsible for the accident.
Florida’s Statute of Limitations For Pedestrian Accidents
The statute of limitations establishes how long a victim has to file a pedestrian accident claim–a deadline after which the pedestrian or their family cannot pursue legal action. In Florida, this statute of limitations on personal injury claims is two years. The two-year period either starts from the date of the accident or from the moment you discovered the injury.
Since there are complexities with these legal parameters, it is helpful to have a pedestrian accident lawyer help you file on time. Waiting too long means foregoing your right to seek financial recompense.
Why You Need a Pedestrian Accident Lawyer
Understandably, personal injury cases can be complex. It may take a long time to see the process through with lengthy appeals processes, multiple court dates, and potentially, settlement conversations. An individual may successfully represent themselves in a personal injury case, but hiring a Florida pedestrian accident lawyer makes many things a lot easier.
For example, a pedestrian injury lawyer could help you navigate the legal waters of personal injury cases for speedier resolutions. More specifically, a pedestrian car accident lawyer can help with the following:
- Gather witness testimony about the pedestrian accident
- Collate medical documentation and diagnoses
- Take photos and videos of the scene of the pedestrian accident
- Calculate medical bills and lost wages
- Find police accident reports
- Negotiate with insurance companies
- Request phone records from the driver
- Represent your pedestrian accident case in court
- Seek expert testimony, like traffic accident reconstructionists or doctors
Only about 5% of all personal injury cases end up going to trial, so settling out of court might be a likely outcome. Rest assured, if your case does go to trial in Florida, the attorneys at Steinger, Greene & Feiner will make no bones about representing your case and helping you uphold your rights.
Steps to Take After a Pedestrian Accident
Being involved in a pedestrian accident can be a traumatic experience, even if you are lucky enough not to sustain serious physical injuries. Below is a checklist of what to do right after an accident so that you can get the help you need and begin the groundwork for a personal injury case.
Contact Emergency Services and Get Help
If you have a pedestrian-vehicle accident, call 911 before doing anything else. Even if your injuries or the vehicle damage does not seem severe, the police must create an incident report. That way, you can refer to it as evidence if you need to file a personal injury case.
More importantly, emergency services should include paramedics, who will tend to any immediate injuries. It’s important to submit to this evaluation, even if you don’t immediately feel or notice injuries–adrenaline often dulls pain and could mask the effects of internal injuries for a time.
Gather As Much Information As Possible On-Scene
If you are safe and able to do so, try to gather as much information on-scene as possible. These details might include:
- Driver’s name
- Driver’s insurance information
- Police contact number
- Incident report number
- Contact information of involved parties
- Contact information of witnesses
- License plate numbers of involved vehicles
Accurate information about the accident and involved parties makes building a case easier. Your personal injury attorney can also investigate and help you piece things together.
Receive Proper Medical Attention and Document It
Did you see a paramedic at the accident scene? Still, schedule a follow-up with a medical professional as soon as possible.
You may have sustained a serious injury that won’t start showing symptoms until later. Let’s say that you need shoulder surgery months or years down the road because of the accident. If you didn’t receive an initial diagnosis, it could hurt your case.
Contact a Pedestrian Accident Attorney
Lastly, find a local pedestrian accident lawyer to ably represent your case in Florida. Why face the personal injury case alone? Enlisting a personal injury attorney can ensure you meet filing deadlines and streamline the claims process.
How to Choose the Right Pedestrian Injury Lawyer
The right pedestrian accident lawyer comes alongside you for support, guidance, and grit. Below are some considerations for choosing your legal representative after a pedestrian accident.
Experience
Has your preferred attorney pursued pedestrian accident settlements before? Do they understand the nuances and contours of pedestrian law?
Personal injury lawyers see a wide range of cases, but sometimes, only a small percentage of these are pedestrian accidents. Prior experience in similar cases offers insight.
Referrals
A qualified attorney provides references from previous clients and similar cases. What do these referrals say about the firm’s professionalism and work ethic?
A lack of references or hesitancy to give them to you is a clue to turn elsewhere for legal assistance. Typically, law firms like Steinger, Greene, & Feiner showcase client testimonials on their websites for easy access.
Contingency
Does your preferred pedestrian accident attorney work on a contingency basis? If so, the attorney should not ask for payment unless the case ends successfully.
You won’t have to worry about being able to afford a lawyer while you’re recovering.
Client Testimonials
1645 Palm Beach Lakes Boulevard #900, West Palm Beach
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Steinger, Greene & Feiner got me $400k for my Uber accident then got $25k for me after I was bit by a dog while delivering food for DoorDash! I am so happy with these outcomes. They really fought to get me the most money. Thanks Steinger, … More Greene & Feiner! -
I worked with Ms. Russo for an accident I was in back in June, where I had been rear ended by another driver. I came to her and her firm in Port Saint Lucie, Fl to hopefully get some help with navigating this accident and I’m glad I did … More because I had some pretty serious injuries that I wouldn’t of known were as serious if I didn’t have my lawyer who got me into a doctors office to get checked out. While my case is still in the final stage I’d like to say she did try her best to work with me to get me compensated and to make sure my accident even if considered small by others was still taken care of. I do wish there was a little bit more communication on what was going on in the background with my case and had some difficulty with setting up some appointments but that’s not entirely on her so I do thank her for everything. I’ve never gone this route before but I’m glad I did.
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My attorney was Jason Bathaman, am pleased with the outcome of my case. Jason and Matthew facilitated the experience from beginning to the end. Jason was extremely informative and assisted me along the way to assure my needs were taken … More care of. There are many injury law firms across South Florida and I will most definitely recommend this firm. Nothing beats having direct access to your lawyers at all times.Thank you so much .
Compensation for Pedestrian Accidents
What’s the average settlement for personal injury cases in Florida? Typically, settlements are higher for more severe injuries.
Still, in general, any compensation for your personal injury case in Florida will cover financial and non-financial damages.
Financial Damages For Pedestrian Accidents
Financial or economic damages include any expenses a victim has incurred because of the accident. This is a definite dollar amount, backed up by documentation.
For example:
- Emergency medical bills
- Lost wages from not being able to work
- Continuing medical care, rehabilitative therapy, in-home care, or medication
- Loss of earning potential
- Property damage
Non-Financial Damages For Pedestrian Accidents
The case’s non-financial damages might include other losses beyond the dollar amount. A pedestrian accident lawyer might suggest pursuing non-economic damages like:
- Pain and suffering
- Permanent disability
- Loss of enjoyment of life
- Loss of consortium or companionship (in case of wrongful death)
- Mental anguish
In Florida, the courts determine non-economic damages through the multiplier method. It multiplies the amount of economic damages by a multiplier between one and five (it usually hovers around three). So, for example, if your total economic damages were $30,000 and the court-determined multiplier was two, your total non-economic damages might come to around $60,000.
Your compensation in personal injury cases in Florida hinges on several things, which is why a legal strategy usually asks for the maximum amount. That approach also means it will be possible to receive a reasonable amount if the court awards reduced damages.
Navigating Insurance Claims and Settlements
In many cases, pedestrian accident victims will choose to claim from an insurance company (sometimes, this is the driver’s insurance company).
The state mandates that drivers in Florida carry at least $10,000 in personal injury insurance protection. Still, insurance companies are businesses, so their profit model depends on paying out as few claims as possible. Even if you’re fully within your rights to receive a payout, you should expect friction with your insurance company’s representatives if you file a personal injury claim.
Insurance companies will usually question the severity of your injury and whether it warrants full compensation. Despite your insistence, they may even try to argue that your injury is not because of the pedestrian accident in the first place. Frustration with these tactics often makes people give up or accept a suboptimal settlement, so go into it with your eyes open.
Our pedestrian accident attorney navigates insurance claims like this for a living. If you need someone to negotiate on your behalf and submit all the necessary documentation or evidence of your medical diagnosis, chat with our team about your options in Florida.
Legal Process and Litigation For Pedestrian Accidents
The legal process for filing a personal injury claim covers four steps.
Consultation & Investigation
Consult a pedestrian accident attorney. The team will help you gather evidence of the accident and calculate damages–the basis for the rest of the lawsuit.
Demand Letter & Filing
The first formal legal step involves sending a demand letter to the relevant insurance companies. If the insurance company denies you a settlement, your lawyer can initiate a personal injury suit.
Discovery & Mediation
During the discovery phase, both sides present evidence in front of a third-party mediator. The purpose is a settlement that is satisfactory for both parties.
Trial & Settlement
If mediation fails, your personal injury case may go to trial. Each side will represent their case in front of a jury. This jury will decide on compensation, and if neither side responds with an appeal, the court settles the case.
Contact Us Today for a Free Case Evaluation
When it comes to pedestrian accident injury claims, the sooner you speak to a pedestrian accident lawyer, the sooner you can move on with your life. Our attorneys use every available legal avenue to fight for your rights, 24 hours a day, seven days a week. Contact Steinger, Greene & Feiner online or call today at (813) 669-4742 to schedule a free consultation.