There are laws in Doral and throughout Florida specifically designed to safeguard the rights of pedestrians who experience injuries as the result of a motor vehicle accident. Although there are caveats and limitations, if pedestrian claims against drivers are justifiable, damages are warranted for both immediate and long-term injuries.
The collective experience of the civil litigators at Dolman Law Group results in proven success in personal injury claims. Pedestrian accidents in Doral routinely cause grave injuries, permanent disability, and even death. Our Doral pedestrian accident lawyers have the requisite background to navigate the complex issues associated with these accidents.
Negligent Drivers Responsible for Injuries They Cause Pedestrians in Accidents
Pedestrian safety in Doral is a serious issue. Under the law, negligent drivers are responsible for their actions. It is our job to hold them financially accountable as well.
As a nation, we have a serious problem with pedestrian accidents. According to the Centers for Disease Control and Prevention (CDC), nearly 6,000 pedestrians in the United States died after being struck by motor vehicles in 2017. At our practice, we have found many of these deaths result from negligence on the part of the vehicle driver.
Why Choose Our Doral Pedestrian Accident Lawyers?
At Dolman Law Group, we know that pedestrians often face an uphill battle when seeking compensation. Insurance companies will look to pin some or all the blame on you to reduce their payout. They may claim you darted out in traffic or did not cross at an intersection or crosswalk. That's why we fight for all our injured clients.
Our Doral personal injury law firm is a nationally recognized law firm for a reason. We have secured millions for our injured clients, and we have the resources needed to tackle even the most complex accident case.
We are a local law firm with ties to the Doral community. We know the places in Doral where pedestrian accidents frequently occur, such as CityPlace Doral, near the Miami International Airport, and NW 41st St. When you suffer an injury accident in Doral, we are there.
Our office is conveniently located at 8400 NW 36th Street in Doral, Florida. We are just blocks from the Miami International Airport, CityPlace Doral shopping mall, and the Miami Improv Comedy Club and Dinner Theater. We can meet you at your home, hospital room, or wherever you prefer. We offer free initial consultations and reviews, so you can seek justice after a pedestrian accident in Doral.
Factors That Make Doral a Hot Spot For Pedestrian Accidents
Every year, Smart Growth America releases a list called the “pedestrian death index.” Last year, seven Florida cities made the top 10. In fact, Florida is the most dangerous state for pedestrians, according to the 2021 “Dangerous by Design” report.
“Florida has the third largest population in the USA with a population over 20.6 million, which accounts for 6.38 percent of the US population. It is also the 8th most densely populated state in the US. Florida has the highest percentage of people over 65.” ~Population USA
It's all about the numbers. A large population, in conjunction with a high number of residents over age 65, sets the scene for a higher-than-average percentage of vehicle vs. pedestrian accidents. When tourism (100 million visitors every year) figures into the mix, we end up with a perfect storm. Accidents become inevitable when high numbers of drivers, unaware of the local traffic patterns, converge on areas with relatively high pedestrian activity.
Doral sees its fair share of pedestrian accidents. It is near the Miami International Airport, which means tourists, residents, pedestrians, cars, rideshare vehicles, and trucks all share the roads 24 hours a day.
What to Expect When Working With Our Team
Should you decide to initiate a Doral pedestrian accident personal injury claim:
- First and foremost, your health is important. Always be evaluated by a medical professional as soon as possible following the incident. The documentation is vitally important. While initially, you may not feel any discomfort or exhibit outward signs of trauma, you may have sustained an injury that is not immediately apparent. The severity of your injuries may come into play when filing a claim. Automobiles are powerful, and injuries stemming from a collision are usually severe. Pedestrians have no protection at all and are subject to fractures (especially to the pelvis and lower extremities), internal bleeding, concussion, traumatic brain injuries, spinal cord trauma, and lacerations.
- Your mental health matters. Being struck by a vehicle can cause more than physical damage. It can leave you with mental health issues that require short- and long-term treatment. These issues can include fear, depression, and post-traumatic stress disorder (PTSD). Your required mental health care is as recoverable as the costs of treating your physical injuries as part of your personal injury case.
- Maintain your credibility. Tell your physicians if you have had previous injuries to the same areas of the body. Be truthful. If you were not at fault, you have nothing to hide. In addition, disclosing a complete and accurate picture of your pre- and post-accident injuries allows your healthcare team to provide you with the most effective course of treatment. Do not let fear compromise your current and future health and recovery.
- Contact law enforcement and get a police report.Not every driver who injures a pedestrian is liable for damages. Driver negligence has many forms, all of which result in serious injury or wrongful death. A driver can be held accountable for a crash if they were distracted, impaired, using electronic devices while driving, not obeying traffic laws, or disregarding dangerous road conditions. Any one of these issues points to negligence. We must prove that a driver was at fault at the time of the incident so the victim can seek financial compensation. A thorough understanding of the events leading up to and following any vehicle-pedestrian impact is an important part of the litigation strategy and will affect the outcome of any settlement. A police report is an important piece of documentation. It can provide pertinent details such as the location of impact (crosswalk, sidewalk, traffic lane), the speed of the vehicle at impact, and if the accident could have been avoided. Physical evidence retrieved from the accident site is also often useful.
- Florida has specific traffic laws regarding pedestrians. These regulations are not negotiable. Get the name and contact numbers of any witness who will attest that you were obeying all traffic lights and street signs and either walking on a sidewalk or the shoulder of the road facing the traffic flow. It is often difficult to hold an at-fault driver accountable. Eyewitnesses are helpful.
- Take pictures of the immediate area.Problems with the infrastructure or poor road conditions may significantly affect a potential claim for damages. It is possible that compensation from construction companies or road maintenance crews is just as feasible as monetary awards from at-fault drivers.
- Avoid discussing the details of the accident with anyone other than law enforcement, your physician, and your attorney. Do not post anything on social media, and do not speak to or sign any document from the driver's insurance carrier or lawyer. Do not allow any recorded telephone calls.
What kind of damages are allowed? Under Florida law, a pedestrian accident victim is entitled to compensation for financial and personal costs. This includes medical expenses (present and future), rehabilitation costs, physical therapy fees, counseling expenses, lost wages, lost earning capacity, pain and suffering, and diminished quality of life. If the accident results in death, families are entitled to file a wrongful death claim.
Reported Pedestrian Accidents Involving Injuries in Doral
Doral Pedestrian Accident FAQ
Following a pedestrian accident, you may have questions about your right to compensation. Check out the FAQ below or contact us to learn more about the specific answers to your questions about your claim.
How Do I Know Who Bears Liability for My Doral Pedestrian Accident?
The police report from your pedestrian accident can help you determine who may bear liability for the pedestrian accident and your injuries. Police reports frequently contain details, like what act of negligence the liable driver committed that led to your accident, including driving while distracted, driving while intoxicated, speeding, or ignoring traffic signals.
The police report may also share information about cases in which a pedestrian caused or contributed to a serious accident, including intoxication, ignoring traffic signs, or crossing illegally.
While the police report may differentiate between a case in which the driver bears the liability and one where the pedestrian bears liability, it may not contain additional information about other parties who may have contributed to the accident. An attorney, on the other hand, can help determine whether any other parties may share liability for the accident and your injuries. For example:
Was the driver who caused your accident on the clock? Throughout Doral, delivery drivers abound. Drivers come to deliver pizza, meals from popular restaurants, and a variety of other goods that customers need. Those delivery drivers may share liability with their employers when accidents occur while the employees remain on the clock, especially if the employer fails to require safe driving practices or forces drivers to get on the road in unsafe conditions.
Did a mechanical error lead to the accident? Sometimes, mechanical failures in vehicles, including brake failures, may cause pedestrian accidents in Doral.
If a mechanical failure contributed to your accident, liability may rest with:
- The owner of the vehicle, who may have failed to complete proper maintenance and take care of potential problems before they became more serious.
- The vehicle or part manufacturer.
- A mechanic who recently worked on the malfunctioning part of the vehicle but failed to fix it properly.
How Much Compensation Should I Pursue After My Pedestrian Accident in Doral?
Many people worry about the compensation they can recover following any type of accident that resulted in severe injuries. A Doral pedestrian accident can leave you with serious injuries to worry about, a lot of medical bills piling up, and a general inability to bring in your usual income while you recover.
While we cannot guarantee you will ultimately recover compensation from your pedestrian accident, we can help break down what you may receive for your injuries based on the following key questions.
Who Caused Your Accident?
A Florida driver who carries minimum liability insurance may have considerably less coverage for an accident than a commercial driver, including Uber and Lyft drivers, who have much more substantial insurance policies. A look at the policy that covers the liable driver can provide a better idea of how much compensation you can expect.
What Injuries Did You Sustain in the Accident? What Do Your Medical Costs Look Like?
Your medical bills offer an important look at the impact of your Doral pedestrian accident on your finances. If you suffered serious injuries, like spinal cord damage, you may have both high immediate medical expenses, including as much as $1 million in medical expenses in the first year after your accident alone, and you may have substantial ongoing medical expenses that you will need to consider for the rest of your life.
On the other hand, if you have broken bones with a relatively straightforward recovery process, then you may know what the full extent of your medical bills will look like within a few months of the accident.
Keep track of all medical expenses as they come in. Start a separate file so that you can make sure you have information about all your medical costs. If you know what you have spent on medical care, you can often provide clearer evidence for those costs as part of your pedestrian accident claim.
How Much Time Did You Miss From Work Due to Your Injuries?
Following a pedestrian accident in Doral, many people will have to miss considerable time at work because of their injuries. Injured individuals may need time to recover, regain mobility, or return to everyday activities. Often, that can lead to substantial lost income throughout the recovery process.
Talk to your attorney about the specific income you may have lost because of your Doral pedestrian accident. Make sure you also take into consideration other things, like the PTO time you may have used to ensure some income during your recovery. All this injury-related lost income is compensable. Your lawyer can also ensure to include your full-time, part-time, and hard-to-prove earnings such as income you receive from gig-economy jobs like:
- Rideshare driver
- Food delivery driver
- Freelance writer
Your lawyer will clarify your losses and explain the documentation needed to prove these sources of income since a paycheck stub or direct deposit receipt might not be available.
Who Pays My Medical Bills After a Doral Pedestrian Accident?
Medical care providers understand the struggle you face following a serious accident caused by someone else's negligence. You may have substantial worries and immense challenges ahead of you. Unfortunately, those medical providers still require payment for their services. You will have to arrange to pay for time in the hospital, any emergency services you receive, and the cost of ongoing medical treatment associated with your pedestrian accident injuries.
Luckily, you do have options to alleviate some of the immediate burdens of your medical costs. Here are the questions you need to ask:
Do You Carry Personal Injury Protection Insurance?
If you carry personal injury protection insurance (PIP), which offers protection any time you suffer an accident in a vehicle, it may also offer coverage for pedestrian accident injuries. Contact Dolman Law Group to learn more about what financial protection your personal injury protection insurance may offer following a pedestrian accident.
Do You Have Health Insurance?
Health insurance offers much-needed protection any time you suffer serious injuries in an accident, including a pedestrian accident. Contact your health insurance provider soon after the accident to discuss what coverage you have, how your injuries occurred, and what out-of-pocket costs you can expect as you navigate your recovery after a severe pedestrian accident.
How Can a Pedestrian Accident Claim Help You After a Doral Accident?
If you suffered serious injuries in a Doral pedestrian accident, filing a legal claim can help give you some of the funds you need to pay your medical expenses. An experienced Doral pedestrian accident attorney can provide you with a better idea of how much compensation you should expect from your claim.
An attorney can also write a letter of protection if you find medical bills rolling in before you have the means to pay them. This letter lets your medical care providers know that you intend to pay your medical bills once you have the funds from your personal injury claim. A letter of protection will not help you avoid payment indefinitely, but it can give you much-needed time while you wait for the funds from a pedestrian accident claim.
What Should I Do if My Child Suffers Injuries in a Pedestrian Accident in Doral?
Children, especially around school zones, require special protection from all drivers on the road. When a driver hits a child in a pedestrian accident, that driver bears liability for those actions, just like he would if he had a collision with an adult. If a child runs out into the road, the family may have more protection than if an adult ignored the rules of the road and stepped out into the street illegally, leading to a pedestrian accident.
If your child suffered severe injuries in a Doral pedestrian accident, you should get in touch with an attorney as soon as possible. In general, the funds from a child injury claim of any type, including a child pedestrian injury claim, belong to the child. However, you may have the right to access some of the funds from your child's accident to help improve your child's overall quality of life now or to pay medical bills associated with your child's accident.
The statute of limitations (filing deadline) is different for minor children than for adults. Review your child's age and the date of the accident with a local attorney to ensure you file the personal injury case for your minor child within the allotted time. Dolman Law Group can help answer the specific questions you may have about your child's injuries and right to compensation after a pedestrian accident.
Do I Still Have the Right to File a Pedestrian Accident Claim If I Failed to Use a Crosswalk?
Not all pedestrian crossings occur in crosswalks. For example, Doral residents and visitors may walk along the streets in a neighborhood, including streets that may not have sidewalk access. Other times, pedestrians may need to cross the road at a place other than a crosswalk.
Pedestrians have the right of way when they have already entered the road, and drivers who strike pedestrians with the right of way will likely bear liability for those accidents.
Therefore, you have the right to file a pedestrian accident claim when someone else's negligence—usually that of a driver—causes you to sustain severe injuries. Assuming you followed the rules of the road, you may have the right to file a claim, even if your accident occurred in the middle of the road, at a location without a crosswalk.
Do Pedestrians Ever Bear Liability in Doral Pedestrian Accidents?
In some cases, the pedestrian may bear liability in a Doral pedestrian accident. Even if you assume the liability of the driver who hit you, the insurance company may try to claim that you acted in a way that led to the accident, including public intoxication, jumping out in front of the vehicle to cross illegally, or behaving erratically around the road.
Getting a personal injury team involved at this stage of your case is critical because Florida is a contributory fault state. According to Florida Statutes § 768.81, you could have the amount of compensation you would normally receive from your pedestrian accident substantially reduced if you share any fault for the accident.
For example, if the jury finds you 25% at fault, you will receive 25% fewer damages than you would otherwise recover ($187,500 versus $250,000). If the at-fault driver or their representative assigns 50% or more of the accident's cause to you, their insurer may refuse to pay any compensation. A pedestrian accident lawyer can prove the at-fault driver's liability and show you did not contribute to the collision.
If the liable driver's insurance company attempts to claim that your actions led to the accident, get in touch with Dolman Law Group for a full assessment of the accident and who may bear liability for it and your injuries.
What Should I Do if the Liable Driver's Insurance Company Contacts Me and Offers Me a Settlement?
If the liable driver's insurance company contacts you with a settlement offer, do not accept it right away—especially if you get that offer before you have a chance to figure out what your injuries and your eventual recovery will look like. Instead, tell the insurance representative that you will need time to consider the offer before accepting it.
Then, consult with an attorney to make sure you know how much compensation you should expect for your Doral pedestrian accident injuries. After you have consulted with a lawyer, you can make an informed decision about how well that offer reflects your needs.
Often, auto insurance companies try to convince victims of serious accidents to accept lowball settlement offers. Insurance representatives may apply pressure—for example, trying to convince you that you need to accept the offer immediately or the company will reduce its offer if you take too much time to consider. However, quickly accepting a settlement offer works in the insurance company's favor, not yours.
Initial settlement offers do not contain the compensation accident victims need to cover the full cost of their injuries. Therefore, if you accept that offer, you will be unable to pursue further compensation later should the need arise.
How Long does It Take to Resolve a Pedestrian Accident Claim in Doral?
Every claim's timeline looks different depending on multiple factors. For example, how long do you need to recover from your injuries? Your pedestrian accident claim will need to include an accurate assessment of your medical expenses and what long-term limitations you may face because of your injuries.
If the liable driver tries to claim that you caused the accident, for example, it may extend the length of the investigation. Finally, it may take time to negotiate with the insurance company to arrive at an agreement that works for both parties—and if you have to go to court, it can further extend the time needed to resolve your claim.
An experienced Doral pedestrian accident attorney at Dolman Law Group can help you determine your best course of action.
What Happens If We Cannot Agree on A Settlement?
Very few personal injury cases go through the court system. The majority settle out of court once the evidence indicates fault and liability. However, if yours does not, we will take your case to court, which involves:
- Interviewing witnesses and taking depositions
- Choosing a judge versus a jury trial
- Selecting a jury if necessary
- Presenting your evidence to a judge or jury
- Questioning and cross-examining witnesses
Your lawyer will also help you navigate the time between judge or jury deliberations and the time they reach a decision.
What Our Clients Have to Say
“My experience with this law firm has been extremely pleasant. After being involved in an accident where I was injured, I was able to seek treatment from the best doctors in the area. I was lucky to have a team that assisted in scheduling my appointments that worked around both my full-time work schedule and my demanding grad school schedule.
Even with a move out of state to New York, I was able to remain with this law firm and continue treatment in south Florida while remaining under the care of the doctors that I felt most comfortable with. Even though I suffered injuries and experienced difficulties in that aspect, the team here was able to make sure that I was able to continue work and stay on track with grad school all while I moved to a new state.”
Hire a Doral Pedestrian Accident Attorney for the Best Possible Outcome
Traffic and pedestrian laws in Doral are specific, time-sensitive, and complicated. If you sustained injuries as a pedestrian when a car hit you, you might want to contact a law firm experienced in handling personal injury cases. The skilled legal professionals at Dolman Law Group stand ready to help you obtain justice and the settlement you deserve.
Contact us today at (305) 930-7688 or through our contact page for a free consultation and review of your case. We are here to help you after a serious pedestrian accident in Doral, Miami, or anywhere in Florida.
Dolman Law Group Accident Injury Lawyers, PA
8400 NW 36th St Suite 450
Doral, FL 33166
What Our Clients Have to Say:
“My experience with this law firm has been extremely pleasant. After being involved in an accident where I was injured, I was able to seek treatment from the best doctors in the area. I was lucky to have a team that assisted in scheduling my appointments that worked around both my full time work schedule and my demanding grad school schedule. Even with a move out of state to New York, I was able to remain with this law firm and continue treatment in south Florida while remaining under the care of the doctors that I felt most comfortable with. Even though I suffered injuries and experienced difficulties in that aspect, the team here was able to make sure that I was able to continue work and stay on track with grad school all while I moved to a new state.”
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