Boynton Beach Pedestrian Accident Lawyers

Pedestrians are always in a vulnerable position whenever they are walking, biking, crossing the road, or jogging in public. It is very possible and easy for a pedestrian to be struck by a vehicle and suffer from serious injuries, even death in the most extreme cases.

If you have recently been injured as a pedestrian, you could be entitled to seek compensation with the help of an experienced Boynton Beach Pedestrian Accident Lawyer. These types of accidents can bring about hefty financial and physical burdens on a family and victim, which is why the professionals at Frankl Kominsky Injury Lawyers want to help.

We understand that many times, these accidents are purely preventable and are solely the driver’s responsibility. Our firm has over forty years of experience handling various injury cases for those in the Boynton Beach area, which is why we know we are qualified to help you.

Are you still wondering if you are in a position to file a claim? Here’s your guide to understanding more about pedestrian accidents, what a claim entails, and how to get in touch with an attorney from our firm.

What Is a Pedestrian Accident?

A pedestrian accident is a situation where an innocent bystander outside of a vehicle is struck by a driver. The pedestrian could be walking in a parking lot, on the sidewalk, jogging, or crossing the road.

Although, these types of accidents do not have to always involve a pedestrian and a driver. They can also involve a bicyclist, a motorcyclist, another pedestrian, or an animal. The nature of these accidents relies on the innocent party and how they were struck. For most victims to be successful in their claims, there has to be a demonstration that the guilty party could have prevented their negligence and the injury the plaintiff sustained.

These accidents can happen anywhere at any time. Here are the most common places pedestrian accidents can happen:

  • Parking lots
  • Side of busy roads
  • Crosswalks
  • Shared paths or trails
  • Other places pedestrians can be hit by extreme force

Sometimes there are accidents involving pedestrians and vehicles that are not the driver’s fault. If you were struck and injured by someone else while you were out of a vehicle and out in the open, consult with an attorney to see if your position fits a pedestrian accident and if you have the right to file a claim.

Typical Causes of Pedestrian Accidents

There can be several causes of pedestrian accidents, some of which all depend on where the accident occurred. Since most pedestrian accidents happen with motor drivers, the cause will likely depend on the state of the driver, how closely they are paying attention to the road, and their driving.

Typical causes seen in pedestrian accidents can include:

  • Distracted driving
  • Texting while driving
  • Driving under the influence or while intoxicated
  • Loss of vehicle control
  • Criminal acts
  • Speeding
  • Road construction
  • Road rage or impatient drivers
  • Failure to yield
  • Running a stop sign or stoplight
  • Inclement weather conditions

Pedestrians, though they always have the right of way, should always double-check to make sure lanes are clear and vehicles are stopped if they are about to cross a busy area. Drivers also need to pay attention to their surroundings and significantly reduce their speed if they are traveling in a heavily populated area.

Possible Injuries Associated With Pedestrian Accidents

The type of injuries pedestrians can sustain in these accidents vary. The severity of these accidents, who they were with, and how fast the driver was going are some of the factors that can go into pedestrian injuries.

It is safe to say that accidents involving pedestrians and motor drivers can cause significant damage to a person physically. Severe physical damage will not only bring about several healing challenges but can also be financially burdensome.

Here are some typical possible injuries a pedestrian may experience in these types of accidents:

  • Broken bones
  • Brain injury
  • Spine injury
  • Neck and chest injury
  • Amputation
  • Death
  • Disability
  • More

It is always beneficial to have medical documentation about all injuries sustained from a pedestrian accident. You can use this documentation as proof in your case to use later on, especially if your injuries are severe and life-altering in nature.

What to Do if You’re Involved in an Accident as a Pedestrian

It can be very scary to think of the possibility of being involved in a pedestrian accident. Most pedestrians don’t consider the possibility when they venture out of the house but knowing the steps you are supposed to take after an accident can help ease the anxiety and adrenaline that can take over if an incident happens.

If you are ever involved in an accident as a pedestrian, here is exactly what you should do.

1. Call 9-1-1

Depending on what hits you and how hard you are struck, you may not be able to complete some of these steps physically. The first thing you should do is call 9-1-1 to the scene and check to make sure if you’re okay. If you are hurt, do not try to move out of the way until EMS arrives. The police will come out to the scene and interview you and the other driver before they write a police report that is unbiased and details the wreck about who is at fault. You can obtain a copy of the police report for later use by your attorney.

2. Do Not Skip Medical Attention

Even the mildest pedestrian accidents still warrant being medically observed by EMS. It is possible that you may not have visible injuries other than a few scrapes or cuts, but you will not know if you have any internal injuries until you are medically examined. If EMS sends you to the hospital, it is important to let a physician fully observe you to record any injuries, which can be another source of evidence for your attorney to use.

3. Collect Driver & Insurance Information

Unless you can’t physically move or talk, another crucial step is to obtain the other driver’s information, such as their name, contact, and insurance information. This is beneficial if you need to get in touch with the driver’s insurance representative for compensation assistance if your own insurance doesn’t offer adequate recovery.

4. Contact an Attorney

Before you speak to your own insurance representative, it is recommended to find an attorney. People sometimes skip this step and only seek an attorney once they run into issues with their insurance adjuster, but if they have the legal help they need from the beginning, these situations can be avoided. An attorney can provide more help than just with lawsuits. They can help you file a claim with your insurance company to make sure all questions are answered correctly and accurately.

5. Speak to Your Insurance

Once you hire an attorney, it is time to file a claim with insurance. This needs to be done rather quickly because claims regarding pedestrian accidents must be filed within four years. This four-year timeline gives you the opportunity to file claims with your insurance and a lawsuit if you qualify for one. You will need to file for PIP insurance in these instances to help with medical bills and coverage for income lost due to time off work.

Are Florida Car Laws Part of Pedestrian Accidents?

When a driver is responsible for a pedestrian accident, they are liable for the accident if they’re at fault. It can be difficult to determine whether or not pedestrian accidents are considered as car accidents or personal injury when they involve a driver.

If you are a pedestrian and are hit by a motorist driver, you should first seek the assistance of personal injury. Florida car accidents are more complicated since the state operates with a pure comparative fault system, which means both parties have to seek help through their own insurance policies with only having the ability for a lawsuit if the case meets certain requirements.

Can Pedestrian Accidents Be Avoided?

Pedestrian accidents are not uncommon, but they cover a lesser percentage of all accidents in Florida. Can they be avoided? While saying pedestrian accidents can be avoided is impossible, there could be ways to prevent accidents or reduce your chance of being struck while you are near motor vehicles.

You cannot control the operator of other vehicles, but there are things you can do to diminish your fault in these accidents by doing the following:

  • Avoid being on your phone while you are walking or jogging
  • Cross at crosswalks when it is your time to cross
  • Look both ways before crossing a street to make sure the road is clear
  • Walk, jog, or bike in the designated areas for pedestrians
  • Wear bright visible clothing, especially if you are out at night
  • Always pay attention to your surroundings
What Damages Can You Seek From These Accidents?

Your hired attorney can help you seek compensation in your pedestrian accident case that pertains to what you’ve lost and suffered from. It’s important to have an attorney on your side to guide you throughout the legal process while using their negotiation skills for a chance of financial recovery.

Here are some of the damages you can seek in compensation and benefits in a pedestrian accident:

  • Past, current, and future medical expenses
  • Funeral expenses or wrongful death expenses
  • Lost wages from time off work
  • Life-altering injuries
  • Physical rehabilitation costs
  • Mental and physical anguish
  • Pain and suffering
  • Impact on quality of life
Seeking the Help of an Attorney

If you are injured in an accident as a pedestrian, your skilled attorney will be there to proceed with your claim for you to seek compensation. To maximize your chances of a successful case, finding the best attorney to hire should take time to find.

Seeking an attorney is a process you should complete thoroughly and in a timely manner. If you don’t have an attorney already in mind, here are some steps to take when seeking the help of a legal professional.

1. Research

Before you can move on, you have to know what Boynton Beach Pedestrian Accident Lawyers are in your area. This requires you to research and locate a handful of firms that specialize in this practice area. It’s best to find at least three or four firms you would like to talk to, so you have several to compare with to find the right one.

2. Consult

It’s important to consult with each firm on your list during a free consultation. This gives you the chance to learn more about the firm and attorneys to see how they can best help you. You will get to ask your questions and review your evidence to see if you have a case to file and what your options are for seeking recovery from the damages you’ve incurred.

3. Select

After consultations, it’s time to select the right firm to work with. This decision needs to be made rather quickly after you’ve consulted with each firm so you can get started with your case within the four-year timeline.

4. Build

Once you’ve chosen your attorney, it’s time to start further building your case. This part of the process will be the responsibility of your attorney though they might ask you to supply more evidence or ask more questions to strengthen your position.

What to Know About Filing a Claim

Pedestrian accident claims can be a quick process, depending on the complexity and how cut and dry the information is. If you are found partially guilty for any reason, this could reduce the outcome.

Seeking compensation for your damages in these cases can happen one of three ways, or a combination of several.

  • Insurance
  • Settlement
  • Trial

Other than receiving the help you need through your own insurance, your attorney may suggest negotiating a settlement or taking your case to court if an agreement cannot be reached. If a fair settlement cannot be agreed upon, you can take your case to trial. A judge or jury will then be responsible for deeming a winner of the case, and if you are the winner, how much the other side owes you.

Damages in court are totaled up based on your economic and non-economic losses. Economic losses are tangible items that can be totaled, such as medical expenses, loss of income from time off work, and future expenses. Non-economic losses are geared towards more mental and physical suffering. This can be any anguish you’ve experienced, trauma endured, anxiety or depression, loss of enjoyment of life, and more.

Other factors that can be taken into consideration with pedestrians that can impact earnings are as follows:

  • Age
  • If wrongful death occurs, the relationship you had with the deceased
  • Preexisting conditions
  • The pedestrian’s responsibility in the accident
Contact Frankl Kominsky Injury Lawyers

Are you or a loved one suffering from injuries due to a recent pedestrian accident? If so, the lawyers at Frankl Kominsky Injury Lawyers are ready to assist you. We are compassionate and understanding and know that no one should suffer the consequences of someone else’s negligence. We are ready to use our highly awarded services to help you understand your rights and possibly file a claim to recover damages you may have lost due to an accident.

To get started, schedule your free consultation by calling (561) 800-8000 or visit us online to leave your information in our case evaluation form. Someone from our office will be in touch with you about scheduling a day for you to come in and meet one-on-one with an attorney that will be assigned to your case. During your consultation, you will be able to go over the accident in greater detail and hear how we can best serve you.

Please bring the following information to your consultation:

  • Medical records
  • Medical expenses
  • Photo evidence you may have
  • Insurance information
  • Other documents requested by the attorney or that pertain to the incident

It is our pleasure to be on your side and fight for you the best way we know how.

Don’t let any more time pass you by. Call Frankl Kominsky Injury Lawyers today.

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Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon