Pedestrian Accident Lawyers Serving Coral Gables

Pedestrian accidents can happen to anyone, anywhere, and at any time. They can result in serious injuries or even fatalities. Unfortunately, pedestrian accidents are on the rise, with more than 6,000 pedestrians killed in traffic crashes in the US last year alone.

If you've been involved in a pedestrian accident, filing a lawsuit may be the furthest thing from your mind. However, it's important to understand that pursuing legal action could help you recover compensation for medical bills, lost wages, and other damages incurred as a result of the accident.

Furthermore, you can prevent future accidents by holding negligent drivers accountable for their actions through litigation. When drivers know they will face the consequences of not obeying traffic laws or driving recklessly around pedestrians and bicyclists, they are more likely to exercise caution behind the wheel.

Ultimately, caring about pedestrian accident lawsuits means caring about road safety and ensuring justice is served when tragedy strikes.

What Are the Common Causes of Pedestrian Accidents?

Pedestrian accidents can happen at any time and in any place. Unfortunately, they are often devastating due to pedestrians' lack of protection against vehicles. Pedestrian accidents occur when drivers fail to pay attention or follow traffic laws. Here are some common causes of pedestrian accidents:

  • Distracted driving: Drivers who text, eat, or drink while driving or engage in other distractions are more likely to hit a pedestrian.
  • Speeding: Speeding drivers have less time to react if a pedestrian suddenly appears in their path.
  • Ignoring traffic signals: When drivers ignore traffic lights and stop signs, they put themselves and others at risk for a collision with a pedestrian.
  • Driving under the influence: Alcohol-impaired drivers have impaired judgment and slower reaction times, increasing the likelihood of hitting a pedestrian.
  • Poor weather conditions: Low visibility due to rain, snow, or fog can make it difficult for drivers and pedestrians to see each other on the road.

It's important for all parties - pedestrians included -to understand these common causes so that we can work together toward preventing future accidents from happening.

What Should I Do Immediately After Being Involved in a Pedestrian Accident?

Being involved in a pedestrian accident can be a traumatic experience, but it's important to stay calm and take certain steps immediately following the incident.

Firstly, check yourself for injuries. If you are not seriously injured, move out of harm's way and try to get to a safe spot on the sidewalk or curb. If you or anyone else is seriously injured, call 911 immediately.

Next, exchange information with the driver involved in the accident. Get their name, contact details, and insurance information if possible. It's also helpful to gather contact information from witnesses who may have seen what happened.

Documenting the scene of the accident is crucial as well. Take photos of any visible injuries you sustained in addition to the damage done to your personal belongings, such as clothing or bags.

Seek medical attention immediately, even if you do not initially feel injured. Adrenaline can mask pain and symptoms that may arise later on, so it's best not to take chances with your health after an accident.

Should I Call the Police After a Pedestrian Accident?

After being involved in a pedestrian accident, one of the first questions that may come to mind is whether or not you should call the police. The answer is almost always yes.

By calling the police, an official report will be created documenting the details of the accident. This can be valuable evidence if you decide to pursue a claim for damages later. In addition, if anyone involved in the accident requires medical attention, calling 911 can ensure that emergency services are dispatched promptly.

It's important to note that even if you don't think your injuries are serious at first, they may worsen over time. Having an official record of the accident and seeking medical attention immediately after it occurs can protect your health and legal rights.

Remember to stay calm when speaking with law enforcement officers and provide them with honest and accurate information about what happened. Any inconsistencies could potentially harm your case down the line.

It's always best to err on the side of caution by contacting emergency services following a pedestrian accident.

How Can I Prove Fault in a Pedestrian Accident?

Determining who was at fault in a pedestrian accident can be complicated, but it is essential to proving your case and receiving compensation for your injuries. To prove fault, you must establish that the driver failed to uphold their duty of care to pedestrians. This can include obeying traffic laws, driving at a safe speed for the conditions, and being alert for pedestrians.

One way to prove the fault is by obtaining witness statements from people who saw the accident occur. Witnesses may have seen the driver texting or distracted while behind the wheel or failing to yield to pedestrians crossing legally.

You should also obtain evidence from surveillance cameras if they were present near the accident. These cameras could provide clear footage of what happened before and during the collision.

Another important piece of evidence is police reports filed at the scene of an accident. Officers will typically note any violations committed by either party in an accident.

In some cases, expert witnesses may need to be called upon to determine liability more accurately. Accident reconstruction specialists and medical professionals are commonly used as experts when litigating personal injury claims.

Proving fault requires careful investigation and attention to detail. An experienced pedestrian accident lawyer can help you gather all necessary evidence to secure maximum compensation for your injuries without having additional stress on yourself post-accident experience.

What Information Should I Gather at the Scene of a Pedestrian Accident?

Gathering information at the scene can be crucial to your case if you're involved in a pedestrian accident. First and foremost, make sure to call for medical attention if needed.

Next, gather information about the driver of the vehicle involved. This includes their name, contact information, insurance company, and policy number.

Additionally, try to take pictures of the scene from multiple angles. These photos can be used as evidence later on. It's also important to gather contact information from witnesses who saw the accident. They may have valuable testimony that could help your case.

Make sure to obtain a copy of the police report filed at the scene of the accident. This document will contain important details about what happened and can be used as evidence in court.

Remember that every detail matters when building a strong legal case after a pedestrian accident. Taking these steps at the scene could significantly improve your chances of receiving fair compensation for injuries and damages.

Should I Seek Medical Attention Even if I Don't Feel Injured After a Pedestrian Accident?

It's a common misconception that if you don't feel injured after being involved in a pedestrian accident, there is no need to seek medical attention. However, this couldn't be further from the truth.

Some injuries may not manifest immediately but can become apparent hours or days later. For example, concussions and whiplash injuries are notorious for having delayed symptoms.

Another reason to seek medical attention, regardless of your feelings, is to create an official record of your injuries. This documentation can be crucial evidence should you decide to pursue legal action against the driver who hit you.

Furthermore, seeking prompt medical attention can help prevent potential long-term health problems resulting from untreated injuries sustained during the accident.

In short, it's always best to avoid caution and seek medical attention after a pedestrian accident – even if you don't feel injured at first. Remember that your health should always come first.

What if the Driver Flees the Scene After Hitting a Pedestrian?

Being involved in a pedestrian accident can be extremely traumatic, but it can be even more overwhelming if the driver flees the scene. Unfortunately, hit-and-run accidents are not uncommon, often leaving victims feeling helpless and unsure of what to do.

If you find yourself in this situation, you should call 911 or local law enforcement immediately. This will ensure that medical assistance is on its way if needed and that an investigation begins as soon as possible.

Next, try to gather any information about the vehicle that hit you. Look for details like make, model, color, license plate number, or distinguishing features such as bumper stickers or dents.

Talking to witnesses who may have seen the accident is also important. Collect their contact information so they can provide statements later on when necessary.

Seek legal representation from an experienced pedestrian accident lawyer handling hit-and-run cases. They can help investigate your case further and work with authorities to locate the driver responsible for your injuries.

Remember: You have rights as a victim of a pedestrian hit-and-run accident. Don't hesitate to take action against those responsible for causing you harm - justice deserves to be served!

Can I File a Lawsuit if I Was Hit by a Vehicle While Jaywalking?

Jaywalking is a common cause of pedestrian accidents. It occurs when someone crosses the street outside a designated crosswalk or against the traffic signal. Pedestrians who jaywalk are at risk of getting hit by vehicles, and in some cases, they can file a lawsuit to recover damages for their injuries.

However, in most states, pedestrians who jaywalk have limited rights to recover compensation for their injuries. If you were hit by a vehicle while jaywalking, you may be found partially at fault for the accident, and your ability to recover damages may be reduced or eliminated.

In some cases, however, drivers can still be held liable for hitting a pedestrian who was jaywalking if they were speeding or driving recklessly. An experienced attorney can help determine if any legal recourse is available to you after being struck while crossing outside designated areas.

If you have been involved in an accident as a result of crossing outside of designated areas, it's recommended that you contact an experienced personal injury attorney as soon as possible to assess your case and determine whether you're eligible to seek compensation from the driver involved.

How Can I Find Witnesses to Support My Pedestrian Accident Claim?

Finding witnesses to support your pedestrian accident claim can prove fault and win your case. The first step is gathering information from potential witnesses at the accident scene. This may include asking for their contact information, such as phone number or email address.

You can also ask nearby businesses or residents if they saw anything that could help your case. It's important to act quickly in gathering this information, as memories fade over time, and it may become more difficult to track down witnesses later on.

In addition to eyewitnesses, video footage from nearby surveillance cameras or dashcams can provide valuable evidence for your claim. Your attorney may obtain this footage by requesting it from relevant parties.

Social media can also be a helpful tool in finding potential witnesses. Posting about the accident on social media platforms and asking anyone who witnessed the incident to come forward with any information they have could lead you to a key witness.

Finding witnesses requires thorough investigation and persistence, but it could make all the difference in building a strong case for maximum compensation.

What Damages Can I Recover in a Pedestrian Accident Lawsuit?

If you were involved in a pedestrian accident and decide to file a lawsuit, it is essential to understand the type of damages that you can recover. Damages refer to the compensation you are entitled to for any losses or injuries resulting from the accident.

The damages in a pedestrian accident lawsuit may include economic and non-economic losses. Economic damages include medical expenses, lost wages, property damage, and other out-of-pocket expenses related to the accident. Non-economic damages cover emotional distress, pain, suffering, loss of enjoyment of life, disability, or disfigurement caused by the incident.

In some cases where the driver's actions were reckless or egregious, punitive damages may also be awarded. Punitive damages punish the defendant for wrongful conduct rather than compensating for actual losses.

Determining what type of compensation is available in your case will depend on various factors, such as evidence gathered at the scene of an accident and witness accounts.

It is important to note that each case has unique circumstances; therefore, working with an experienced personal injury lawyer who understands all aspects of pedestrian accidents can help ensure maximum recovery under the law.

Can I File a Lawsuit if I Was Hit by a Public Transportation Vehicle?

Public vehicles, such as buses and trains, are operated by government entities or private companies. If you were hit by a public vehicle while walking as a pedestrian, you may be able to file a lawsuit against the operator of that vehicle.

However, filing a lawsuit against a government entity can be complex due to various legal requirements and limitations. Sometimes, you may need to provide notice of your intent to sue within a certain timeframe after the accident.

Gathering evidence from the accident scene, including witness statements and surveillance footage, is important. This evidence could help support your claim that negligence on the part of the public transportation operator caused your injuries.

In addition to proving fault, you must prove damages for your lawsuit to succeed. Damages can include medical expenses, lost wages, pain and suffering.

If you have been injured in an accident involving a public transportation vehicle as a pedestrian, it is important to consult with an experienced personal injury attorney who can navigate through these complexities on your behalf.

What if I Was Partially at Fault for the Pedestrian Accident?

If you were partially at fault for a pedestrian accident, it can be difficult to determine whether or not you are eligible for compensation. Florida follows the law of comparative negligence, meaning that if both parties are found to be at fault, damages will be divided based on each party's fault.

This means that even if you were partially responsible for the accident, you may still be able to recover damages if you were 50% or less at fault. However, your recovery will likely be reduced by your percentage of fault. For example, if you were found to be 30% at fault and your damages amounted to $10,000, your recovery would be reduced by 30%, leaving you with a total award of $7,000.

It is important to note that insurance adjusters often try to shift as much blame onto the victim as possible to reduce their liability. This is why it is crucial to seek legal representation from an experienced pedestrian accident lawyer who can help protect your rights and ensure that any settlement offers accurately reflect the extent of your injuries and losses.

Remember: just because you may have had some responsibility for the accident does not mean that you do not deserve compensation. A skilled attorney can help negotiate a fair settlement on your behalf to get the justice and financial support you need during this difficult time.

Contact Frankl Kominsky Pedestrian Accident Lawyers Serving Coral Gables

If you or a loved one has been involved in a pedestrian accident, it's essential to seek the help of an experienced attorney who can guide you through the legal process. At Frankl Kominsky, our pedestrian accident lawyers serving Coral Gables have years of experience helping victims get the compensation they deserve after being hit by cars or other vehicles.

Our team of expert lawyers is here for you every step of the way, from gathering evidence and negotiating with insurance companies to representing your interests in court if necessary. We understand that dealing with injuries and financial losses can be overwhelming, so we are committed to providing compassionate and personalized service tailored to your needs.

Contact us at (561) 800-8000 for a free consultation. We are ready to fight for your rights and help you move forward after this difficult time.

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