Pedestrian Accident Attorney in Fort Lauderdale
The Centers for Disease Control and Prevention reported that in 2010, 4,280 pedestrians were killed in traffic crashes in the United States, and another 70,000 pedestrians were injured. This means that every 2 hours, one pedestrian has died due to a crash and that a pedestrian is injured every 8 minutes. Contact our Fort Lauderdale pedestrian accident lawyers for your pedestrian accident lawsuit.
What Risk for Pedestrian-Vehicle Accidents In Fort Lauderdale?
Pedestrians are 1.5 times more likely to be killed in a car crash than a passenger in a vehicle. Most at risk are pedestrians aged 65 and older, children between the ages of 5 and 9, alcohol-impaired pedestrians or pedestrians hit by an alcohol-impaired driver.
Most pedestrian deaths happen at night in urban areas in non-intersection locations. Higher car speeds increase the chances of a pedestrian being hit by a car as well as the gravity of the injury.
Fort Lauderdale Pedestrian Killed After Car Breaks Fail
As a Fort Lauderdale pedestrian accident and injury attorney, I have represented many people who have sustained very serious injuries following vehicle breakdowns. To help, Florida State University release tips to follow for pedestrians to follow after a vehicle breaks down:
What are the Tips Should I Follow When My Vehicle Breaks Down in Fort Lauderdale?
- The first consideration should be for the safety of yourself and your passengers
- Determine your location by noticing landmarks, signs, road markers, etc.
- Pull off the road as far as possible to the right and on level ground
- If you cannot get your vehicle to a location away from traffic or if you are uncertain about your safety and think your vehicle may be struck from behind, do not stay in the vehicle
- If you smell gas extinguish any lit cigarettes and exit the vehicle immediately
- Do not stand behind or directly in front of your vehicle
- Do not risk injury by attempting to push your vehicle to a safe location
- If you cannot pull off the road turn on the vehicle safety flashers, place flares or warning triangles directing traffic away from you
- Raise your vehicle’s hood and tie a brightly colored cloth, etc. to the antenna or door handle
- If you have a cell phone call for roadside assistance or help immediately. Make the call from your vehicle if you are safely out of traffic. Otherwise, call from a safe distance from the vehicle and the roadside
- In most circumstances, if you are able to pull away from traffic, it is safest to remain in your vehicle until help arrives
- If you have no cell phone and must rely on the assistance of a stranger, have them notify the authorities for you
- Remain calm and cooperative when assistance reaches your location
How Fort Lauderdale Pedestrian Accident Attorneys Recover Compensation for your Accident?
Fort Lauderdale pedestrian accidents can result between a pedestrian and a truck, car, bus, bicycle or any other vehicle on the road. Pedestrian accidents may be caused by the negligence of the driver or pedestrian or by unsafe road conditions. If you are involved in a pedestrian accident anywhere in South Florida or Fort Lauderdale area, the experienced Fort Lauderdale pedestrian accident attorneys at the law offices of Wolf & Pravato can help you to understand what your options are for recovering damages.
How Do Fort Lauderdale Pedestrian Accident Cases Work?
Fort Lauderdale pedestrian accident cases are generally governed under tort laws. This means that to recover compensation for a pedestrian accident, you must prove there was negligence involved on the part of the person responsible. In some cases, if you believe your accident was caused by hazardous road conditions, there will be additional requirements as well as limitations on when and how you may sue the authorities responsible for road maintenance.
Proving negligence in most pedestrian accident cases involves showing that the driver who caused the Fort Lauderdale auto accident breached his duty of care and did not behave as any reasonable driver would have on the road. It is the suing party’s burden to prove that negligence occurred, using things like police reports, expert testimony, and photos from the accident scene. An experienced Fort Lauderdale auto accident attorney can help you to gather the necessary documentation and proof you need to successfully make your case.
What Damages Happen in Fort Lauderdale Pedestrian Cases?
Fort Lauderdale has imposed no-fault rules for Fort Lauderdale car accidents, which means that your damages and recovery may be limited unless your injuries fall within exceptions. Injuries that fall within exceptions include those that are very serious, those that lead to death, and those that are life long, debilitating or disabling. Disfigurement can also be considered to be a serious injury under Florida’s no-fault rules.
When your Florida auto accident injuries are not considered serious enough to allow you to recover outside of the no-fault system, you are limited to collecting damages for medical bills and lost wages. These damages will come from personal injury protection (PIP) coverage if you or someone in your home is insured. The responsible driver’s PIP coverage can also pay your damages in a pedestrian accident if you are not covered under any other PIP policies.
Serious Fort Lauderdale Pedestrian Accident Injuries
When your Florida pedestrian accident injuries are serious enough, you may collect additional damages for your pedestrian-car accident, including compensation for pain and suffering. These damages can be obtained through an out-of-court settlement or through a lawsuit brought by a Florida trial attorney specializing in car accidents and personal injury cases.
How to Prevent Injuries and Deaths for Pedestrian from Motor Vehicle Crashes?
- Many Fort Lauderdale pedestrian accidents occur at night due to poor visibility. When walking at night you should always carry a flashlight and wear reflective clothing or strips.
- Don’t cross the street at non-designated areas. Always try to cross the street at designated crosswalks.
- Sidewalks are much safer to walk on than the street, so when possible avoid walking in the street and walk facing traffic, not with the traffic.
Other Types of Pedestrian Accidents
In addition to pedestrian-vehicle incidents, thousands of non-vehicular pedestrian accidents occur annually. These types of accidents can be attributed to a variety of factors, such as poor property maintenance, sidewalk or parking lot defects, and/or construction or other debris on walkways.
Fort Lauderdale Crosswalk Accident Lawyers Aggressively Fights For Your Rights
When you have been hurt while walking, either by a vehicle or due to other factors, and someone else was at fault, the law office of Wolf & Pravato will put the necessary time and money into your case to get the best results.
As a premier Fort Lauderdale pedestrian accident lawyer that handles major complex litigation in Florida, the law office of Wolf & Pravato will not back away from complicated cases. Even if an eight-figure settlement has been offered, if the firm’s lawyers believe the case is worth more, they will go to trial. There are not too many lawyers who can say that.
Each Fort Lauderdale pedestrian accident attorney is a seasoned professional in the personal injury field, with particular experience in pedestrians who have been the victim of an accident caused by a motor vehicle, wrongful death, car and truck accidents, and premises liability accident and construction accident cases. Learn about our talented team, and next time you need a Fort Lauderdale personal injury law firm, let us represent you and help you in your pursuit of justice.
Call Our Pedestrian Accident Attorney in Fort Lauderdale
Call The law offices of Wolf & Pravato in Fort Lauderdale Toll-Free at 954-522-5800 or submit our online consultation form to begin the process. The initial consultation is free of charge.
Frequently Asked Questions About Pedestrian Accidents
1. What Types of Injuries Are Common in Pedestrian Accidents?
Pedestrian accidents can cause severe injuries, including:
- Broken bones
- Internal organ damage
- Soft tissue damage
- Lacerations and burns
- Road rash
- Spinal cord injuries (SCIs)
- Traumatic brain injuries (TBIs)
Such injuries may require medical attention from Broward Health Medical Center, a level 1 trauma center in Fort Lauderdale.
2. How Is Fault Determined in a Pedestrian Accident in Fort Lauderdale?
Determining fault in a pedestrian accident can be complicated, but our pedestrian injury attorneys in Fort Lauderdale will identify who the negligent party was and how the accident happened. Some examples of negligence that can lead to pedestrian accidents include:
- Driving while under the influence of drugs or alcohol
- Speeding
- Running a red light
- Failing to yield
- Driving while distracted, such as being on the phone or eating
In order to determine fault, your lawyer will investigate your accident and gather evidence such as witness statements, driving records, police reports, and video footage.
3. How Long Do I Have to File a Pedestrian Accident Claim in Florida?
Under Florida Statutes § 95.11, you typically have two years to file a personal injury lawsuit or wrongful death lawsuit with the Broward County courthouse. In addition to this legal deadline, having your pedestrian accident attorney in Fort Lauderdale start your case promptly can also be helpful for gathering time-sensitive evidence to support your insurance claim.
4. What If the Driver Who Hit Me Was Uninsured or Underinsured?
If the driver who hit you was uninsured or underinsured, you may have a few different options for recovering compensation.
If you have auto insurance, then your uninsured driver coverage or personal injury protection (PIP) may help you even if you were injured as a pedestrian. However, that coverage can be limited, and you must see a doctor within 14 days of the accident to qualify for PIP.
You may also be able to sue the at-fault driver to recover compensation. You can discuss your legal options with our Fort Lauderdale pedestrian accident lawyer.
5. Will My Pedestrian Accident Case Go to Trial?
In most cases, pedestrian accidents are settled out of court. However, if your case does go to court because a fair settlement cannot be reached, then your pedestrian accident lawyer in Fort Lauderdale will represent your case. They will conduct a thorough investigation into the accident to ensure that they have a compelling case.
6. What If I Am Hit by a Car While Using a Crosswalk?
If a car struck you while you were lawfully using a crosswalk, then you may be eligible to recover compensation for your injuries. Florida laws include pedestrian right of way for crosswalks. A driver who strikes a pedestrian who is lawfully using a crosswalk would be the likely at-fault party in your pedestrian accident case.
However, it’s important to note that Florida is a modified comparative negligence state. This means that your ability to recover compensation may be affected by the percentage of fault that you hold in your accident. It’s important when using crosswalks to follow safety and traffic guidelines. When using a crosswalk, always obey traffic signals and avoid sudden movements, such as entering the crosswalk if it does not give sufficient time for a car to yield.
Pedestrian Accident Locations Served
- Fort Myers Pedestrian Accident
- West Palm Beach Pedestrian Accident
- Miami Pedestrian Accident
- Boynton Beach Pedestrian Accident
