Have you suffered a Pedestrian Accident in Florida
The Florida pedestrian accident lawyers of Brooks Law Group represent people who have been hurt in crosswalks, on sidewalks, in parking lots, or wherever they had a right to be walking.
We know that as a pedestrian, you have no structure, no seatbelt, no airbags, or any other safety features to protect you in a collision with a car or truck. This means that victims may suffer severe or life-threatening injuries, and far too many families lose loved ones in pedestrian accidents.
Many pedestrian accidents are caused by drivers who fail to yield the right of way, ignore stop signs and traffic signals, run off the road onto a shoulder or sidewalk, or fail to look when backing up. When a driver’s negligence is to blame, the victim has the right to take decisive legal action to recover fair compensation for the harm they’ve suffered.
To pursue the full compensation you may be owed from a negligent driver, you need a legal team with the knowledge, experience, and skill to handle your case. The trial lawyers at Brooks Law Group are prepared to fight for you at the negotiating table and in court, if necessary.
Schedule a free, confidential consultation with our team by calling us, chatting with us live, or filling out a contact form today.
What to Do After a Pedestrian Accident in Florida
If you’ve been the victim of a pedestrian accident in Florida, there are steps you should take to protect both your health and your legal rights. The most important thing is to seek medical attention. Either request emergency medical attention at the scene, go to an emergency room, or visit your doctor as soon as possible. Injuries may take days or even weeks to manifest symptoms, but a thorough medical exam can catch conditions that could be life-threatening.
Victims often have a much better prognosis if treatment starts as quickly as possible. This will also undercut any defense that your injuries are not as severe as you claim or had other causes apart from the pedestrian accident.
As soon as possible after the accident, you (or someone on your behalf) should try to take photos of the accident scene. Photos may be critical to proving fault in the accident. Try to capture details such as traffic signs and controls, crosswalks, and skid marks.
You should contact your auto insurance company, if you have one, after a pedestrian accident. You may be entitled to benefits under your auto insurance policy, such as personal injury-related coverage and, depending on the circumstances, uninsured/underinsured motorist coverage.
Most importantly, you should speak with a knowledgeable pedestrian accident attorney as soon as possible. Retaining an attorney to represent you may be vital to maximizing your financial compensation.
How Our Pedestrian Accident Lawyer in Florida Can Help
If you have been the victim of a pedestrian accident in Florida, the personal injury attorneys of Brooks Law Group can help you pursue the compensation you deserve. Our lawyers have experience investigating and pursuing pedestrian accident claims and know what evidence is key to proving a driver’s liability and a client’s entitlement to compensation.
With a devotion to excellence, our lawyers have a notable track record of success negotiating fair settlements that provide clients with full compensation for their damages and injuries. We can help you seek a swift and fair resolution with the insurance companies. If a settlement is not possible, our attorneys stand ready to fight in court to seek a verdict in your favor.
Compensation for Pedestrian Accident Victims
Compensation for pedestrian accident victims generally falls into two categories: economic damages and non-economic damages.
Economic damages compensate a Florida pedestrian accident victim for out-of-pocket expenses that may include:
- Medical expenses – This consists of compensation for past and future expenses to treat injuries, including hospital stays, doctor’s visits, surgery, prescription medication, physical therapy visits, durable medical equipment, or even alterations to your home to accommodate any disabilities caused by your injuries.
- Lost income – This consists of compensation for income lost due to missed work because of injuries. If a victim is unable to earn the same income they could pre-accident due to their injuries, they may also receive compensation for the difference in income.
- Wrongful death damages – If a relative is killed in a pedestrian accident, their family may be entitled to claim wrongful death damages, which provides compensation for the victim’s lost income contribution to the family, lost companionship and services to the family, and the victim’s funeral expenses.
Non-economic damages are meant to compensate an injured pedestrian for damages that cannot be readily calculated from bills and invoices, such as:
- Pain and suffering – This includes compensation for a victim’s physical and emotional or mental distress caused by the accident and any resulting injuries, and for any loss of quality of life or inability to participate in activities.
- Loss of consortium – This consists of compensation to a victim’s spouse and immediate family for the loss of the victim’s companionship, society, and service caused by his or her injuries or death from the pedestrian accident.
In rare cases involving intentional or wantonly reckless conduct by the at-fault driver, you might be able to seek extra compensation known as punitive damages.
Understanding Your Insurance Coverage
Unfortunately, in many pedestrian accidents, the at-fault driver lacks enough insurance coverage to pay for all the injured pedestrian’s medical expenses or lost wages. In some cases, the driver may not have any insurance at all or may have fled from the scene.
In these cases, the injured pedestrian may be entitled to look to their own automobile insurance policy for coverage. In Florida, auto insurance companies are required to offer their customers underinsured motorist (UIM) coverage and uninsured motorist (UM) coverage. This coverage is available on every policy unless the policyholder makes a written rejection of coverage.
UIM motorist coverage is available when the at-fault driver has too little insurance coverage to pay for all your losses. UM coverage is available when the at-fault driver is uninsured or the accident was caused by a hit-and-run driver.
Time Limits for Filing a Pedestrian Accident Claim in Florida
In Florida, the law imposes a time limit known as the statute of limitations for filing a lawsuit for a pedestrian accident. Under Florida law, the statute of limitations for personal injury claims arising from a pedestrian accident is four years from the date of the accident. If you do not file your lawsuit within this window, you may be forever prevented from filing a lawsuit for your pedestrian accident.
There are certain narrow circumstances where the court may pause or “toll” the statute of limitations. The most common is known as the discovery rule. Under this rule, the statute of limitations clock does not begin to run until a claimant discovers the causes and facts underlying the claim. Claims involving minors may also have an extended statute of limitations.
Special notice requirements apply to claims against state or local agencies. Be sure to talk with a pedestrian accident lawyer as soon as possible to avoid missing any important deadlines.
Common Injuries in Pedestrian Accidents
Given the massive force often exerted on a pedestrian’s body by vehicles during accidents, victims can suffer a wide variety of serious injuries. Some of the more common injuries in pedestrian accidents include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (including paralysis)
- Neck and back injuries
- Herniated discs
- Broken bones (particularly the arms, legs, hands, as well as skull fractures)
- Road rash, lacerations, and scarring
- Internal organ damage and bleeding
- Nerve damage
Recovery from life-changing injuries suffered in pedestrian accidents is often a long, complicated process that involves extensive and costly medical treatment. If your accident was caused by someone else, you should not have to shoulder the financial burden on your own. Contact a pedestrian accident lawyer to discuss your right to compensation.
Talk to an Experienced Pedestrian Accident Lawyer in Florida Now
Pursuing a claim for compensation against the insurance companies and defense law firms is a complicated task. When you are trying to recover from serious, life-threatening injuries, do you also have the time and energy to fight big insurance companies and their lawyers? Turn the legal worries over to a professional instead.
Contact Brooks Law Group today to schedule a free consultation to discuss your case and learn more about your rights and options and how an experienced Florida pedestrian accident lawyer can help you.
Call us, fill out our email response form, or speak with us via live chat now.