Florida Pedestrian Accident Lawyers

 

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Did you know that Florida is one of the most dangerous states for pedestrians in the United States? During the last ten years, more than 5,000 people in Florida have been killed by a car while walking, and pedestrians older than 65 are more likely than younger ones to be struck by vehicles. Both poor engineering of roads and inattentive or aggressive driving contributes to these statistics.

You are entitled to pursue compensation for pedestrian accident damages caused by a negligent or reckless driver. If you or a loved one have been injured by a motor vehicle while walking, running or skating, contact a Florida pedestrian accident attorney at Dolman Law Group Accident Injury Lawyers, PA to discuss your legal rights to compensation today.

Why You Should Choose Dolman Law Group for Help With Your Florida Pedestrian Accident Claim

After a pedestrian accident, you can suffer from significant damages such as medical bills, lost work, and pain and suffering. You need the support of a pedestrian accident lawyer with experience helping victims in similar situations so they know how to handle your case expertly.

At Dolman Law Group, our pedestrian accident lawyers have helped Florida pedestrian accident victims for over ten years. We have a "quality over quantity" policy, which means we won't take on clients just for the sake of it. We believe in giving personalized, in-depth legal advice to victims with a path to receiving compensation.

We will not take the first settlement offer from insurance companies looking to get the claims process over with. Our pedestrian accident lawyers will use our firm's resources to take your claim as far as necessary for you to receive fair compensation.

Dolman Law Group's personal injury lawyers work on a contingency basis, meaning we don't get paid until you do. If you want to learn more about Dolman Law Group and how we can help you with your pedestrian accident claim, give us a call for a free consultation at (727) 451-6900 or fill out our online contact form.

Florida Pedestrian Accident Lawyer

Dolman Law Group Florida Pedestrian Accident Case Results

Dolman Law Group helps victims of personal injury accidents, including pedestrian accidents, across Florida. We offer personalized attention to our clients, ensuring that you get the legal advice necessary to earn compensation for damages. Our number one goal is to get you the compensation you deserve, whether that is through a settlement or awarded after a long court case.

The following are some of the case results we have netted for our clients:

  • $6.7 Million for Wrongful Death
  • $1 Million for Car Accident Resolution
  • $775 Thousand for Full Recovery for Father & Son
  • $750 Thousand for Traumatic Brain Injury
  • $500 Thousand for Brain Injury and Moderate Neck Pain

Types of Florida Pedestrian Accidents

You don't need to think about it much to know that the higher the speed of the vehicle, the more likely a pedestrian will suffer a serious or fatal injury as a result of a crash. However, depending on how a pedestrian's head hits the concrete after a fall, even a crash that occurs when a vehicle moves at eight miles per hour can result in immediate death.

All car, truck, or motorcycle accidents involving a pedestrian are dangerous, but the most commonly seen accidents are:

  • Dart-out accidents: These car accidents occur when the pedestrian suddenly darts out onto the road, and the driver does not have sufficient time to react. This may be no fault of the pedestrian, though. For example, if they were in the crosswalk but the other driver's view was blocked by a stopped vehicle, it may look to the driver as if she darted out onto the road.
  • Intersection accidents: This occurs when a pedestrian is quickly trying to cross an intersection. However, the crossing is mistimed, and the driver does not have sufficient time to react. It can also occur if a driver runs a red light and drives their car into a pedestrian with the right-of-way.
  • Passing accidents: These occur when a negligent driver cannot see pedestrians because a bus or other vehicle has stopped to allow pedestrians to cross. In this case, the negligent driver may strike a pedestrian while trying to pass the stopped vehicle.
  • Vehicle turns and merge accidents: These occur when the driver is focused on making a turn or merging into traffic. Drivers often alternate between looking both ways and don't see pedestrians until after they start to make turns or merge.
  • Vendor accidents: Occur on neighborhood streets when children run to catch ice cream trucks or when people wait around food trucks. The driver of the vendor vehicle may not see the children and drive into them. Another vehicle also may not anticipate children running through the streets, which can result in the vehicle crashing into them.
  • Back-up accidents: These occur when a driver hits a pedestrian while backing up without first looking behind the car—typically in a parking lot.

Common Causes of Florida Pedestrian Accidents

Overall, the most common reason for a daytime pedestrian collision—when the pedestrian was clearly visible to the driver—is distracted driving. A distracted driving accident is a crash that occurs because a driver was focusing on another task aside from driving. Common driving distractions include the following:

  • Using an electronic communication device
  • Using another electronic device
  • Texting
  • Talking to passengers
  • Eating and drinking
  • Reading
  • Grooming
  • Adjusting the radio
  • Looking at something else, such as another roadside accident
  • Daydreaming

Unfortunately, most vehicles cannot stop on a dime, and by the time a driver sees you, you may already be on the ground. That's why distracted driving is considered negligence in Florida. Other common causes of pedestrian accidents include speeding, failure to yield to pedestrians, and poor vehicle maintenance. Speak with a pedestrian accident attorney about your legal options for compensation if you believe your pedestrian accident was caused by negligence.

Drunk Driving and Pedestrian Accidents

In addition to distracted driving, a large number of pedestrian-vehicle accidents result from the use of alcohol by either the driver or the pedestrian. Drunk driving is, unfortunately, a common cause of pedestrian accidents due to the impairment it causes to the driver. Inebriation via alcohol can decrease reaction times, lower perception, cause poor judgment, and reduce motor function.

Pedestrians can also suffer from these effects when they navigate across roads on foot while inebriated, contributing to a pedestrian accident. Even in cases where a pedestrian accident involves an inebriated pedestrian walking, those injured can still seek compensation for their injuries. Thanks to comparative negligence, those that may have contributed negligence to a pedestrian accident may still seek compensation for their injuries via a pedestrian accident claim.

Most serious pedestrian accidents occur at night in urban areas but not at intersections. For the most part, this means that many pedestrian accidents occur because of insufficient traffic control devices and crosswalks for those attempting to cross certain thoroughfares. In these cases, speak with a Florida personal injury attorney to discuss whether you have a claim against the municipality or state for negligent engineering.

Most Common Florida Pedestrian Injuries

Nearly half of all pedestrian accidents involve lower extremity injuries, including injuries to the feet, ankles, knees, and legs. Injuries to the head, face, and neck, as well as upper extremity injuries, are also common.

Surprisingly, women were more likely to suffer severe pelvic injuries than men, such as broken hips, an especially serious condition for the elderly. The most fatal injuries are those pedestrians suffer to their heads and chests. If these injuries do not prove fatal, they can require a lifetime of medical treatment and cause permanent disabilities.

The following are some of the injuries you can suffer in a Florida pedestrian accident:

Florida Pedestrian Accident Laws

Florida Statute 316.310 is the Florida State Uniform Traffic Control law section that applies to pedestrians. It classifies pedestrians as anyone "afoot," which can encompass walkers, runners, skaters, and skateboarders. Pedestrians must follow all traffic control devices unless told otherwise by a stationed police officer. They must also use sidewalks unless there is no available sidewalk, which means they are encouraged to walk on the left-side shoulder.

Drivers at intersections should yield the right-of-way to pedestrians if the traffic control device dictates it, they are at a stop sign, or there is no posted traffic control device. Drivers behind a car stopped to yield toward a passing pedestrian must also stop their vehicle.

Most Common Locations for Pedestrian Accidents in Florida

The Dangerous By Design pedestrian accident reports collect information on which states and metropolitan areas represent the largest risk to pedestrians. According to the 2022 report, Florida ranks as the second most dangerous state for pedestrians, with its fatality index falling only behind New Mexico.

Seven of the 20 most dangerous metropolitan areas for pedestrians in the United States are in Florida. They are:

  • Deltona-Daytona Beach-Ormond Beach/ Volusia County
  • Tampa-St. Petersburg-Clearwater/ Hillsborough-Pinellas Counties
  • Jacksonville/ Duval County
  • Orlando-Kissimmee-Sanford/ Orange County
  • Palm Bay-Melbourne-Titusville/ Brevard County
  • Miami-Fort Lauderdale-Pompano Beach/ Dade- Broward Counties
  • North Port-Sarasota-Bradenton/ Sarasota- Manatee County

The areas in Florida that represent the greatest risks for pedestrians include intersections, such as the intersection between US-19 and Main Street in New Port Richey, highways like US-19, tourist areas around Disney World and Universal, and beaches. If you are traveling as a pedestrian in these areas, be aware of your surroundings and be cautious of reckless drivers.

What to do After a Florida Pedestrian Accident

After a pedestrian accident, you may not know what to prioritize to put yourself in the best position to receive compensation for your injuries. You can do certain things to help with future litigation regarding your pedestrian accident.

The most important things to do after a pedestrian accident include:

  • Seek medical attention: Following a pedestrian accident, you should seek medical attention, even if you don't "feel" hurt. Not only can this catch injuries that adrenaline or delayed symptom presentation are masking, but it also begins the important paper trail necessary for the injury claims process.
  • Collect information from the at-fault party and witnesses: If the driver stopped, obtain their information, including their name, contact information, insurance information, make and model of the vehicle, and license plate number. If anyone else witnessed the accident, obtain their information as well.
  • Keep track of essential records: You will need to get a hold of records that can help prove liability and establish the damages caused by the pedestrian accident. Obtain a copy of the police report, traffic crash report, and medical records. You should also keep meticulous notes regarding the amount of time you missed from work because of your injury, your doctor's diagnosis and advice, and records of your conversations with anyone involved in the accident or the at-fault party's insurance company.
  • Contact a Florida pedestrian accident lawyer: Speak with an experienced Florida pedestrian accident attorney who can explain the process of obtaining compensation for the expenses and impacts to your quality of life caused by the injury.

Recovering Compensation After a Florida Pedestrian Accident

If you were hit by a vehicle in Florida, you may avail yourself of the negligent driver's no-fault insurance policy, which can help cover your medical expenses and lost wages up to the policy maximum. Florida drivers are required to carry at least $10,000 in personal injury protection insurance coverage—but this might not even cover the costs of a broken bone.

After a pedestrian accident in Florida, you can seek both economic and non-economic damages through a pedestrian accident claim. In pedestrian accident law, "damages" refers to a payment made in compensation for harm. Economic damages refer to a payment made in compensation for the financial impact of your injury, whereas non-economic damages have to do with the impact the accident has had on your mental health, daily functioning, and enjoyment of your life.

Economic and Non-Economic Damages from a Pedestrian Accident

Commonly claimed economic damages in Florida pedestrian accident lawsuits are:

  • Medical expenses, including the cost of emergency treatment at the scene or in the emergency room, transportation to the hospital via ambulance or helicopter, diagnostic and laboratory testing, physician and surgical services, hospitalization, prescription medication, physical therapy, and rehabilitation
  • Lost wages due to being too injured to work or having to miss work to attend an injury-related medical appointment
  • Loss of future earning capacity if your injury results in a permanent disability that renders you no longer able to work or earn in the same capacity as you did before the accident
  • Property damage that you incurred as a result of the accident, such as the cost to replace or repair your bike and helmet, glasses, or cell phone.

Non-economic damages refer to a payment made in compensation for the impacts your injury has had on your quality of life. Examples of non-economic damages that commonly appear in Florida pedestrian accident claims after a pedestrian accident include:

  • Physical pain and suffering
  • Emotional distress
  • Loss of the enjoyment of life if your injury prevents you from participating in activities you previously enjoyed
  • Loss of consortium, which is damage obtained on behalf of your spouse if the injuries from your accident have resulted in a loss of physical intimacy or companionship

If the at-fault party's insurance policy is insufficient to cover your expenses, discuss what it would mean to litigate your case with a Florida pedestrian accident lawyer.

How Can a Florida Pedestrian Accident Attorney Help You File a Pedestrian Accident Claim?

When your PIP coverage isn't enough to pay for your medical bills and expenses, you must file a personal injury lawsuit against the "at fault" driver. However, insurance companies are reluctant to pay injured pedestrians what they truly need to recover. To combat "lowball" settlement offers, you need an experienced pedestrian accident attorney on your side to advocate for you.

Pedestrian accidents can be incredibly complex, and insurance companies are often reluctant to pay fair compensation for injuries caused by their insured. An experienced Florida pedestrian accident attorney can give you the benefits of knowledge of the legal process as well as a deep understanding of the catastrophic impacts that injuries from a pedestrian accident can cause.

Your Florida pedestrian accident attorney can help you collect maximum compensation by offering the following services.

  • A no-obligation, free case evaluation where you have time with an attorney to ask your legal questions to learn more about the firm and your legal options
  • Investigation your accident
  • Locating and identifying all responsible parties
  • Employing accident reconstruction teams and other experts
  • Working with your medical team to evaluate the scope of your injuries
  • Dealing with creditors and hospital billing departments
  • Interviewing eyewitnesses
  • Determining all sources of liability and all insurance resources that may compensate you for your injuries
  • Providing a damages estimate based on the financial and emotional consequences you and your family have suffered as a result of the pedestrian accident
  • Gathering and organizing evidence like police reports and accident footage that can be used to prove your case
  • Negotiating with the at-fault party's insurance provider in an attempt to garner a fair settlement offer on your behalf
  • Providing advice and guidance on the pros and cons of accepting any offered settlement
  • Timely filing all court-required paperwork in the proper jurisdiction and attending all pre-trial conferences and hearings on your behalf.
  • In lieu of a settlement agreement, representing you at trial. This includes delivering opening and closing arguments, presenting evidence, and examining witnesses
  • Assisting you in collecting your settlement or award
  • A convenient, client-friendly contingent-fee payment plan, meaning that you owe nothing for your attorney's services unless and until there is a successful resolution to your case

Even if you are not sure that filing a pedestrian accident lawsuit is right for you, you owe it to yourself to explore all your legal options. At Dolman Law Group Accident Injury Lawyers, PA, our Florida pedestrian accident attorneys want to take the burden off of your shoulders after an accident. We can handle everything for you, from paperwork to insurance companies, so you can focus on what truly matters most - your health.

Florida Pedestrian Accident FAQs

With ample sunshine and cities designed for walking from place to place, Florida is a haven for pedestrians. Unfortunately, Florida is also one of only five states that account for nearly half of all pedestrian accidents in the U.S. Recent yearlong totals of this type of accident reveal that pedestrian accidents are the highest they've been in three decades.

If you were injured in a pedestrian accident, you likely have a lot of questions about how to pay for the expenses you have incurred as a result of your injury. Here are the answers to some of the questions our clients from the Sunshine State ask us most often about pedestrian accidents:

I was injured in a Florida pedestrian accident. How can I obtain compensation?

If you have been injured in a pedestrian accident in Florida that resulted from someone else's reckless or careless actions, you can seek compensation for your injuries through a pedestrian accident lawsuit. This legal claim in civil court seeks to prove who was responsible for the accident that caused your injury and to show the economic and emotional impacts that your injury has had on your life.

How long does obtaining compensation through a Florida pedestrian accident lawsuit take?

The time it takes to resolve your case depends on the complexity of the accident and the severity of your injuries. If your case is simple and straightforward, you may receive a settlement fairly fast. However, many cases are far from straightforward and can take far longer. If you suffered a severe injury, the claims process might take longer, as you want to wait until you know the total medical cost of your injury before settling the claim.

Some of the circumstances that can slow down a resolution in this type of case include:

  • Working with your attorney and experts to compile a damages demand
  • Filing a claim for monetary damages or negotiating a settlement
  • Filing a claim in court
  • Discovery, which takes place in the early period of a court case, includes obtaining statements and documents from the opposition, sharing any relevant documents you have, and conducting witness depositions
  • A mediation conference, which provides a formal setting in which to negotiate a resolution
  • Waiting for a court date based on the court's calendar of cases
  • Appealing a decision in a case if either party disagrees with the judgment of the court

What happens if the at-fault party in my Florida pedestrian accident doesn't have insurance?

The amount of insurance the at-fault party has in your case is crucial, as insurance pays the vast majority of Florida pedestrian accident settlements and awards. While it is possible to sue an uninsured motorist and to even obtain a judgment in your favor, collecting that judgment may be difficult as most people cannot afford to pay for a damages award out of pocket.

One of the important services an experienced Florida pedestrian accident attorney can provide is identifying all liable parties and all sources of insurance that might compensate you. If the at-fault party is uninsured, your attorney will carefully evaluate the details of your case to see if there is another potential source of compensation.

If not, then other options for obtaining compensation may include:

  • Your own personal injury protection (PIP) insurance policy
  • Your own health insurance policy

I think I was partially at fault for my Florida pedestrian accident. Does that mean I can't file a claim?

In Florida, even if you are partially at fault for the accident that causes your injuries, you can still file a Florida pedestrian accident claim against other at-fault parties. In many cases, more than one party can share responsibility, including the pedestrian that received severe injuries. Florida operates under comparative negligence, which means your potential settlement or award will be reduced based on your responsibility for the accident.

You should also understand that when you are in an accident, the fault isn't always clear until there is a professional investigation. Speak with an experienced pedestrian accident attorney to understand your options.

What is a driver's duty of care in Florida pedestrian accidents? What is the pedestrian's duty of care?

In legal claims, a "duty of care" refers to the standard a reasonably prudent person would follow in similar circumstances. Drivers have a duty of care to protect others on the roadway by operating their vehicles safely and legally. Pedestrians have a duty of care to obey traffic laws, including yielding the right-of-way to other roadway users when they are legally required to do so.

How do I prove that someone else was liable for my Florida pedestrian accident?

To prove that someone else is liable for your pedestrian accident, you must prove the following:

  • The at-fault party owed you a duty of care: The duty of care they owed you depends on the at-fault party's role in the accident. For example, the duty of care that a driver owes to others on the roadway is generally to drive their vehicle safely and legally.
  • The at-fault party breached their duty of care: The breach refers to the actions that the at-fault party took that were contrary to the duty of care they owed you.
  • The breach resulted in the accident that caused your injuries: You and your pedestrian accident lawyer must prove that the breach of duty of care led to the accident that caused your injuries and subsequently led to the economic and emotional damages you incurred. You must be able to prove that the injury you suffered came directly from the accident and wasn't a pre-existing condition, as that can affect the level of compensation you can pursue.

Even when fault seems straightforward in an accident, the process of proving liability can be complex. It is always best to seek the help of an experienced pedestrian accident attorney who knows what type of evidence to gather and how to present that evidence to prove each element of your case.

Who can be liable for a Florida pedestrian accident?

More than 4,700 pedestrians are killed on U.S. roads each year, and around 76,000 more are injured. In pedestrian accidents, the driver or the pedestrian is generally at fault.

However, some cases involve additional liable parties, such as:

  • The owner of a property that has a sidewalk or parking lot defect that causes an accident or a pedestrian injury
  • The entity tasked with maintaining the roadway if the accident was the result of the condition of the road
  • A public transportation driver who is responsible for keeping the area where they let passengers off of the vehicle reasonably safe
  • Other pedestrians, such as when an accident is the result of horseplay like pushing another person into traffic
  • The staff or management of a liquor establishment who knowingly served alcohol to an individual under 21 or who was known to be addicted to alcohol and then got into an accident with a pedestrian

How long do I have to file a lawsuit after a pedestrian accident in Florida?

The statute of limitations for filing a personal injury claim refers to how long a victim has to file a claim or lawsuit with the at-fault party. The time starts to elapse on the day of the accident or when the injuries are discovered. According to Florida Statute 95.11, claimants have four years after the date on which the injury occurred to file a Florida pedestrian accident lawsuit.

There are some limited circumstances in which the deadline may be extended. Therefore, even if it has been more than four years since your accident, you should contact an attorney to discuss the details of your case. An experienced attorney can inform you if there may be a reason for an extension of the statute of limitation in your case.

Let the experienced Florida pedestrian accident attorneys at Dolman Law Group Accident Injury Lawyers, PA help you understand the process of obtaining compensation for your injuries. With offices across both Florida coasts, you can easily reach Dolman Law Group Accident Injury Lawyers, PA whenever you need our help.

Contact Dolman Law Group for Help With Your Pedestrian Accident Claim

Personal Injury Attorney
Matthew Dolman, Florida Pedestrian Accident Lawyer

There is almost nothing scarier than seeing a vehicle coming toward you and knowing you cannot escape—or getting hit by a car before you realize what happened. Pedestrian accidents are serious, and so is your subsequent legal case.

At Dolman Law Group, our experienced pedestrian accident attorneys have the expertise and resources necessary t help you pursue damages from the at-fault party's insurance company. They will try to limit your settlement to keep their profits up, but our pedestrian accident lawyers will use their experience in settlement negotiations to combat any bad faith tactics and work to deliver you fair compensation for your pedestrian accident damages.

If you were injured while walking, running, jogging, or biking in Florida, the Dolman Law Group Accident Injury Lawyers, PA has experienced pedestrian injury attorneys across Florida that can help you through the claims process. Contact us online or call at (727) 451-6900 today for a free, no-risk consultation.

Dolman Law Group Accident Injury Lawyers
PA 800 North Belcher Road
Clearwater, FL 33765
727-451-6900

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Matthew Dolman

Clearwater Personal Injury and Insurance Attorney

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess or $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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