Pedestrian Accident Lawyers Serving Miramar

Filing a pedestrian accident claim is an important part of protecting yourself after an accident because it ensures you receive financial compensation for any injuries, medical bills, lost wages, or other damages you have suffered due to the accident.

Filing a successful claim can also help prevent you from getting stuck with costly medical bills, provide peace of mind, and ensure the responsible party pays for their negligence. It's also important to note that Florida law makes it difficult to file successful claims if you do not have an experienced attorney to help you navigate the process.

Insurance companies often try to deny or reduce your claim to save money; having a knowledgeable lawyer on your side will help ensure that you do not miss out on the full compensation you are entitled to.

Who Is At-Fault in A Negligent Vehicle-Pedestrian Accident?

When filing a pedestrian accident claim in Miramar, you need to know who is at fault. In many cases, it can be difficult to determine who is liable, so having an experienced attorney by your side is essential.

To hold the driver responsible, you must prove they were negligent in their driving. Negligence, in this case, means that the driver failed to use reasonable care while operating the car. Examples of negligence include:

  • Distracted driving
  • Driving while under the influence of drugs and/or alcohol.
  • Speeding or disregarding traffic laws.
  • Failing to yield the right of way when necessary.
  • Not keeping a safe distance from other vehicles and pedestrians.
  • Not obeying signs or signals.
  • Failing to use headlights when visibility is low.
  • Failing to maintain a vehicle or equipment properly.
  • Ignoring weather conditions such as heavy rain or snow.

If the driver was speeding, distracted, or otherwise acted negligently leading up to the accident, the chances are good you will have a viable case against them—and making a strong case will help you get compensation for your damages and losses incurred due to their negligence.

What Is the Statute of Limitations on Pedestrian Accident Claims?

Florida has a two-year statute of limitations on filing a personal injury claim arising from an accident, including pedestrian accidents. You have two years from the accident date to file a claim with an insurance company or court.

The clock starts ticking when the incident happens, not when you realize you have been injured, so it is best to act quickly before it's too late. If you fail to file within this timeframe, your claim may be dismissed, and you will most likely not receive any money or other compensation for your injuries and losses.

Additionally, if a death results from the accident, there is a two-year statute of limitations on filing wrongful death claims in Florida. So, ensure you understand your rights and act within these timeframes if possible.

Can I File a Claim If I Am Partly Responsible for The Accident?

The answer is yes, but it's important to get legal advice to make sure that you understand the implications of this.

Florida follows a comparative fault law when it comes to accident claims. In other words, your final settlement amount will be reduced by a proportionate amount that is equal to your percentage of fault for causing the accident and you can be barred from recovery if you are primarily responsible for the accident.

For example, you were walking through a parking lot and texting while crossing an intersection. You got hit by a distracted driver who ran a red light and had to be taken to hospital for injuries.

If the court determines that you were 25% responsible for the accident due to texting while crossing, then any damages awarded would be reduced by 25%, so if you were awarded $10,000, the amount would be reduced to $7,500.

How Long Will My Claim Take to Be Settle?

It's understandable to be curious about how long your claim will take, and it can vary on a case-by-case basis. Generally speaking, the time it takes to settle a pedestrian accident claim depends on how much evidence you have and the insurance company's approach.

The more evidence you present that supports your case, the quicker the process may go, as it will provide a clear picture. Evidence can include photos from the accident site, witness statements, medical records, bills, and any other documentation related to your claim.

Insurance Company's Approach
The insurance company's response also impacts how long it takes for your claim to settle. If they accept liability quickly and make an offer immediately, things could move faster. However, if they dispute liability or delay settlement payment, things may take longer.

It's important to stay in contact with your lawyer throughout this process — they will be able to ensure that your rights remain protected while you are waiting for your settlement to conclude.

What Losses Can I Claim After a Pedestrian Accident?

After you've been in a pedestrian accident, you may be eligible to claim compensation for any losses you have suffered. But what kind of losses can you claim?

Generally, you can file a claim for medical expenses, lost wages, and any other costs related to the accident. This also includes potential pain and suffering damages. Here are some of the most common losses you may be able to seek compensation for:

  • Medical bills include doctor visits, therapy, prescription drugs, and medical equipment.
  • Lost Wages: income lost from the inability to work due to injuries sustained in the pedestrian accident.
  • Property Damage: damage done to personal items such as clothing or your car.
  • Pain and suffering: loss of enjoyment of life resulting from pain and emotional stress.

It's important not to forget that after a pedestrian accident, you may be able to file a claim if your loved one has sadly passed away. If this is true in your case, get ready for a wrongful death claim instead. In this case, family members can seek compensation for funeral expenses or loss of income.

Calculating Damages for Pedestrian Accident Claims

When you start talking money, you must understand your damages—the monetary compensation you can receive to cover your losses. So what should you know when calculating the value of your accident?

Here are a few things to consider:

  • You can seek reimbursement for medical expenses, such as prescriptions, therapy or hospital bills, if you suffered an injury. These expenses can add up quickly, so make sure you record each one separately.
  • Look into any economic losses associated with your accident, such as lost wages or diminished earning capacity due to an injury.
  • You may be entitled to non-economic losses like pain and suffering or emotional distress caused by the accident.
  • Other possible damages include loss of consortium and punitive damages for particularly egregious cases.

It's important to research the laws in your state and determine whether a specific type of damage is recoverable in a pedestrian accident claim and how much compensation is legally allowed in some cases. Consulting with a knowledgeable attorney can help give you peace of mind during this process.

What Should I Bring to My First Meeting with My Attorney?

Before meeting up with your attorney, you should have materials to discuss your case. While every case is different, there are some basic materials that can help your case run more smoothly. Here's what you should bring to your first meeting.

Having the following documents available when you meet with your attorney can make a world of difference:

  • Photos of the scene taken near the time of your accident.
  • Police reports
  • Medical records and bills related to your pedestrian accident.
  • Insurance information
  • Any other documents related to your pedestrian accident (e.g., witness statements).
  • Other evidence may help in court (e.g., emails between you and any involved parties).

Once you've gathered all these documents, bring copies to your attorney, so they can review them before or during the meeting and decide how best to proceed with your case!

Why Do I Need an Attorney on My Side?

The answer is simple: an attorney can help make the process easier for you and ensure you receive the compensation you deserve. An attorney can help in these three major areas:

  • Gathering evidence: The liable party's insurance company will often do everything it can to minimize the amount of money it pays out. An experienced attorney will know how to counter their tactics with solid evidence and documentation to maximize your settlement or verdict award.
  • Negotiating: The negotiation process is key to getting a good settlement. Unfortunately, many victims don't understand what their claim is worth and will settle for far less than they should. An experienced attorney can skillfully leverage facts and emotions to your advantage when negotiating with the liable party's insurance company and your own.
  • Understanding the law: Laws governing pedestrian accidents vary from state to state, so it's important that you have an experienced lawyer who understands how these laws apply to your case specifically and can give you sound legal advice regarding your options moving forward. They'll be able to tell you what evidence needs to be gathered, where you stand legally, if a trial might be necessary, and what kinds of damages are available for recovery.

Having an experienced legal team working on your behalf will give you peace of mind knowing that all possible angles are being explored in pursuing maximum compensation for your injuries or damages resulting from a pedestrian accident claim.

How Long Will My Case Take to Resolve?

The time it takes to resolve your claim varies from case to case. It can depend on the complexity of your claim and/or the speed of the negotiation process, and the availability of information.

Generally, you'll want to be prepared for a significant amount of time to pass before you get a resolution. Your legal team will take into consideration all factors that contribute to how long your case may take, including:

  • The extent of your injuries and need for treatment.
  • The projected costs associated with medical treatments.
  • The estimated timeframe is necessary for you to recover fully.
  • Any experts, such as medical or financial professionals, may need to be consulted.
  • The circumstances surrounding the accident itself and any other details that may extend the investigation process.

Fortunately, with experienced legal guidance, you can rest assured knowing that your attorney is doing everything they can to get you the compensation you deserve—and timely.

As A Pedestrian, What Duty Is Placed Upon Me to Avoid Accidents?

You have a duty to take reasonable care to avoid an accident as a pedestrian. This means that when walking on the streets, you should be aware of your surroundings, follow traffic control signals, and use the sidewalks if available.

Additionally, if you are in a crosswalk, your right-of-way is protected, but if you suddenly leave that area without looking both ways, you can be found liable for any ensuing accident. As a pedestrian, the law expects you to be cautious when crossing streets or sidewalks.

This means that:

  • You should always pause at crosswalks and ensure that vehicles have stopped before crossing.
  • Do not suddenly run into the street or cross against a light or stop sign.
  • Be visible to drivers and make eye contact whenever possible—the assumption is that drivers will recognize pedestrians.
  • Make sure to wear bright clothing if walking at night to be easily seen.
Is A Driver Always at Fault for An Accident If the Pedestrian Is in Or Near a Crosswalk?

The short answer to this question is "no." Even if a pedestrian is crossing the street in a crosswalk, the driver may not necessarily be at fault. However, there are some scenarios when they might be:

If the Driver Disregarded Road Signs and Signals

Drivers should ensure they obey all traffic signs and signals meant to protect pedestrians crossing streets. If a driver disregards these safety precautions and causes an accident, they may be held responsible for any damages or injuries incurred.

If the Driver Was Speeding or Otherwise Negligent

In other cases, a driver might be liable for an accident, even near or in a crosswalk. For example, if a driver was speeding or otherwise negligent in their driving behavior and this caused an accident, they could be found liable for resulting damages.

It's also important to remember that the laws pertaining to drivers' responsibility to pedestrians may vary from one state or jurisdiction to another. Thus, it's always best to check with your local authorities if you have any doubts about what to do after an automobile accident involving a pedestrian.

Can I Sue an Uninsured or Underinsured Driver?

If you're involved in a pedestrian accident with an uninsured or underinsured motorist, you may be wondering if you can file a claim against them despite the lack of coverage. The answer is yes—you can still sue them in court and seek compensation for your medical expenses, lost wages, and pain and suffering.

However, it's important to remember that if the driver cannot pay, it can be difficult to recover damages. But don't worry, there are some options available:

  • You may be able to collect from your insurance policy if you have uninsured/underinsured motorist coverage.
  • You might also be able to pursue compensation from the city or municipality responsible for maintaining sidewalks and roads.
  • If the driver was employed by someone else (such as a delivery company or rideshare company) at the time of the accident, you may also be able to bring suit against their employer.

Before filing a claim against an uninsured or underinsured driver, review your legal options with an experienced personal injury attorney. They will help you determine the best action to seek maximum compensation for your losses.

What Damages Are Recoverable in Pedestrian Accident Cases?

Knowing what damages you can recover after a pedestrian accident is important. You may be able to recover compensation for the following:

Economic Damages
These are the out-of-pocket expenses that you incurred due to the accident, such as medical bills, lost wages, and any other financial losses related to the accident.

Non-Economic Damages
Non-economic damages refer to more abstract losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These are usually much harder to quantify in a monetary amount.

Punitive Damages
In some cases, punitive damages may be available if the driver was particularly reckless or negligent in their actions leading up to the accident. These are designed to punish the person responsible for your injury and deter them from engaging in similar behavior.

Contact Frankl Kominsky Injury Lawyers, Pedestrian Lawyers Serving Miramar

When a pedestrian has been injured in an accident, they are entitled to receive maximum compensation from their insurance company for any pain and suffering due to their injuries. For a pedestrian to receive this compensation, a valid liability must be found for the accident.

That's where Frankl Kominsky Injury Lawyers, pedestrian lawyers come in. We will help analyze the evidence and advocate to ensure you receive full and fair compensation. Our pedestrian accident lawyers understand the legalities of filing an auto accident claim as a pedestrian in Miramar; they will help obtain all necessary documents, deal with insurance companies, assess settlements, and fight for your rights.

Experienced with representing pedestrians, they can guide the entire process and ensure that your case receives appropriate attention until resolution. Reach out to us today at (561) 800-8000.

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