Pedestrian Accident Lawyers Serving Miami Gardens
Filing a claim after a pedestrian accident in Florida is serious business. You should never attempt to handle it independently; instead, you should hire an experienced attorney familiar with all the relevant laws in the state. But why should you care if you were involved in a pedestrian accident in Florida?
First and foremost, the consequences of being involved in a pedestrian accident can be severe. The injuries can be detrimental to your health and well-being, not to mention the financial impact they can have on your life. Getting back to normal after an accident can be very difficult, so it's important to ensure you're protected legally.
Additionally, filing a claim for a pedestrian accident in Florida can help ensure justice is served. Even if you weren't seriously injured, filing a claim against the at-fault driver will prevent them from getting away with their negligence and encourage them to take greater care when driving around pedestrians.
Finally, having an experienced attorney on your side helps protect you from any attempts by insurance companies to deny or undervalue your claim. Your attorney can negotiate with insurance companies and ensure you receive the compensation you deserve for any injuries or damages incurred due to the pedestrian accident.What Should I Do If I Am Involved in A Pedestrian Accident?
If you're ever involved in a pedestrian accident, the most important thing to do is seek medical attention. Pedestrian accidents can cause serious injuries, especially when a car is involved, so getting checked out immediately is always best.
Secondly, if possible, collect as much information as you can from the scene of the accident. This includes taking photos of the scene and any injuries you have sustained. Try to get contact information from anyone who may have witnessed the accident. You should also make sure to get a copy of the police report and any other related paperwork that was generated at the scene.
It's also important to talk to an experienced attorney who can help you understand your legal rights and determine what type of compensation may be available for your injuries and losses. An attorney will be able to advise you on how best to proceed with filing your claim and ensure that all necessary documents are filed promptly.What Damages Can I Recover in A Pedestrian Accident Claim?
If you have been involved in a pedestrian accident in Florida, you may be able to recover damages for your injuries and losses. Here is an overview of the types of damages you may be able to recover:
- Economic Damages: These are damages that can be easily assigned a value, such as lost income, medical bills, property damage, and other out-of-pocket costs.
- Non-Economic Damages: These are more difficult to estimate because they cover pain and suffering, loss of enjoyment of life, and emotional distress.
- Punitive Damages: In some cases, punitive damages may also be available if the driver's behavior was especially egregious or intentional.
In addition to these general categories, you may also be able to recover compensation for future medical expenses related to your injury. It is important for you to know your rights and understand all the available damages before filing a claim so that you get the full extent of compensation you deserve.Who Is Liable for A Pedestrian Accident in Florida?
Another important factor to consider when filing a pedestrian accident claim in Florida is liability. When you're a pedestrian, different parties may be liable depending on the circumstances of the accident.
The driver of the vehicle that hit you may be liable if they were negligent and not exercising due care while operating the vehicle – this could mean anything from speeding to not obeying traffic signals or signs.
In some circumstances, a pedestrian may also be liable. For example, if they were crossing against a "Don't Walk" sign, they may be found partially at fault for the accident, and their compensation may be reduced accordingly.
It is also possible for a third party to be held liable in a pedestrian accident. For example, if an employee of a company operated the car that hit you at the time of the accident, then their employer might also be held partially responsible for what happened.
It's important to understand who may be liable in your case so that you can include them in your claim and maximize your potential compensation. An experienced lawyer can help you determine who is liable and how much compensation you are owed.Can I File a Claim If I Was Partially at Fault for The Accident?
In Florida, you may still be able to file a claim even if you were partially at fault for your accident. This is because the state follows a "comparative negligence" rule, which means that your compensation will be reduced by the percentage of responsibility attributed to you.
For example, if you were found to be 40% at fault and the total damages are $200,000, then you would only receive $120,000 in compensation. It's important to remember that this rule applies no matter how small your percentage of responsibility is — even if it's as small as 5%.
However, it is always worth noting that if your fault percentage is higher than 50%, you would be unable to bring forth a claim. So, it's important to know how much responsibility you had to determine whether or not you have a valid case.What If the Driver Who Hit Me in A Pedestrian Accident in Florida Fled the Scene?
Hit-and-run accidents are a reality, and if you've been the victim of a hit-and-run as a pedestrian in Florida, don't panic—you have rights.
Reporting The Incident
The first thing you should do is report the incident to authorities. This should be done as soon as possible after the accident—as in right away. Give them all the information you can remember, including any details you can recall about the vehicle that fled.
You should also seek medical attention immediately. Even if you don't seem to have any major injuries, it's best to get checked out by a doctor ASAP just to be sure. Make sure to keep records and records of all medical expenses related to your accident—you may need them for your claim later on.
Finding An Attorney
A hit-and-run situation is complex, so it's important that you find an experienced lawyer who specializes in pedestrian injury claims in Florida. Your lawyer will be able to help you understand your rights, assess evidence related to the case, and represent your interests when filing a claim against an insurance company or even suing another driver (if they are ever identified).
Your lawyer will also make sure that there is no statute of limitations violation—in Florida, most personal injury claims must be filed within two years from the date of injury or death for victims under 25 years old (or two years for victims over 25). These kinds of deadlines must be kept track of accurately.Can I File a Pedestrian Accident Claim If I Was Hit by A Bicycle?
Yes, you can file a claim for a pedestrian accident if you were hit by a bicycle, so long as the cyclist was at fault. In Florida, a cyclist is seen as a "vehicle" and is subject to the same laws and regulations governing other vehicles on the road, such as motorcycles or cars.
This means that cyclists have the same legal responsibility as any other vehicle to ensure they follow all traffic laws and take reasonable measures to avoid pedestrian accidents. You may be eligible for compensation if it can be determined that the cyclist failed in this regard.
However, remember that in Florida, contributory negligence is a factor when determining fault for an accident — meaning both parties could be determined to hold some level of blame for what occurred – and this can influence any financial compensation received. Discussing your case with an attorney before deciding whether or not to take legal action is important.How Much Will It Cost to Hire a Pedestrian Accident Attorney?
When hiring a pedestrian accident attorney, you might be wondering how much it will cost. The truth is, it all depends on the type of lawyer and the services they offer.
For example, if you are looking for an attorney who has extensive experience in personal injury and pedestrian accident cases, this could cost more than an attorney who is just starting in the field. Similarly, if you are looking for a lawyer from a large law firm with plenty of resources to fight your case, this could be more expensive than a smaller firm or solo practitioner.
Therefore, it's important that you shop around and compare prices to find the best fit for you. Be sure to ask any potential lawyers about their rates and fees upfront so that there are no surprises down the line. Most lawyers will also offer free consultations so that you can get an idea of their fees without any commitment or obligation.Can I File a Pedestrian Accident Claim If I Was Not Walking in A Crosswalk?
Yes, you can still file a pedestrian accident claim if you were not walking in a crosswalk. In many cases, this is an important factor in determining fault, so it's important that you understand your rights and responsibilities.
Even if you were not walking in a crosswalk when the accident occurred, you may still be entitled to compensation. Depending on the circumstances of the incident, the law may consider that the motorist had a duty of care and should have been prepared for unexpected pedestrians entering the road.
The two main points to consider when filing a pedestrian accident claim are:
- Who had the right of way?
- Was there an act of negligence by either party?
By evaluating these factors and providing clear evidence, you may still be able to receive compensation for injuries or other damages suffered as a result of the accident. However, it's important to note that proving fault is not always easy, and if no party can be held at fault, then it will be difficult to secure any form of compensation.What If the Driver Who Hit Me Was Under the Influence of Drugs or Alcohol?
If the driver who caused your pedestrian accident was under the influence of drugs or alcohol, then you may have a strong case for a claim. This is because Florida state law is clear: driving while under the influence of drugs or alcohol is illegal, and drivers found to have done. This may be held legally liable for any damages or injuries caused by their negligence.
In other words, if a driver has been driving while intoxicated, they may be held responsible for your damages regardless of whether they were at fault. If a driver was clearly under the influence at the time of your accident—such as smelling of alcohol or drugs—then you can use that as evidence in your case and increase your chances of receiving compensation.
To prove the driver was under the influence during your accident, it is important to collect any available evidence:
- Police reports detailing the driver's intoxication.
- Testimony from eyewitnesses who saw the driver consuming alcohol or drugs before getting into their vehicle.
- Photos were taken at the scene that depicts signs of intoxication (e.g., an open container in their vehicle).
- Medical reports demonstrating your injuries were caused by their negligence.
If you were injured in an accident involving a government vehicle, such as a bus, fire truck, or police car, you may be able to file a claim against the government. It's important to note that filing such claims is complicated and carries stricter requirements than filing claims against a private driver.
Notice of Claim
You will need to first give notice of your claim—meaning you have to notify the appropriate governing authority or local official in writing within three (3) years of the accident. This is done by preparing and submitting a Notice of Claim form, including details of the incident, dates, times, locations, and names of those involved.
Evidence & Investigative Authority
In addition to submitting the form, you'll need evidence of your injuries as well as any medical bills or other related expenses that may be related to the pedestrian accident. You will also want to ensure you are working with an experienced legal team who can help you with your case from start to finish. Finally, keep in mind that police departments may also have their internal investigative authority when it comes to accidents involving government vehicles.
Filing a claim for damages if you were hit by a government vehicle can be tricky because of the additional paperwork and strict deadlines involved; however, if done promptly, it can potentially result in compensation for your injuries and damages incurred due to the accident.What If the Pedestrian Accident Occurred in A Parking Lot?
The same comparative negligence rules apply if you were involved in a pedestrian accident in a parking lot. For example, if you were partially to blame for the accident (e.g., you weren't paying attention and didn't see the vehicle coming), that may reduce your chance of recovering damages.
Under Florida law, however, there are a few factors that may come into play that are specific to parking lot accidents:
- If your accident happened while crossing an aisle between rows of parked cars, this is considered a public space, and all those laws and safety regulations still apply. This includes obeying traffic signals and signs, yielding to drivers in crosswalks, etc.
- If your accident happened within the private portion of a parking lot (e.g., between two parked cars), this is considered private property, and different legal considerations may be taken into account (e.g., whether or not proper signage was posted warning pedestrians of potential hazards).
- Even though it's a private space, car owners/drivers must still take reasonable care when driving in parking lots—which means that they should look out for pedestrians as well as other vehicles, abide by posted speed limits, yield right-of-way when appropriate, and make use of appropriate lighting at night if possible.
It is always important to seek legal counsel before proceeding with any claim related to a pedestrian accident in Florida—especially when it happens on private property like a parking lot—so that you can be sure you fully understand your rights and obligations under the law.Contact Frankl Kominsky Pedestrian Accident Lawyers Serving Miami Gardens
When filing a pedestrian accident claim in Florida, the best thing you can do is contact an experienced and knowledgeable law firm. At Frankl Kominsky, we understand the complexities of pedestrian accidents and the importance of filing a claim as soon as possible.
We handle pedestrian accident claims in Miami Gardens and throughout Florida. Our attorneys are committed to protecting your rights, representing your best interests, and helping you obtain the financial compensation you deserve. We also provide personalized service and will work with you every step of the way to ensure that your legal rights are protected.
If you've been injured in a pedestrian accident, contact Frankl Kominsky Pedestrian Accident Lawyers Serving Miami Gardens at (561) 800-8000 for a free consultation. Our attorneys can help you file a claim and get compensation for your costs and damages, so don't wait - contact us now!