Pedestrian Accident Lawyers Serving Royal Palm Beach

Pedestrian accidents are not just statistics or news headlines; they represent real people whose lives can be forever changed instantly. As a responsible member of society, it is crucial to care about pedestrian accidents because they affect the safety and well-being of everyone on the road.

Pedestrians have just as much right to use public spaces as any other road user. Whether walking for exercise, commuting, or simply enjoying a leisurely stroll, you should feel safe and protected from harm.

By caring about pedestrian accidents, we can advocate for safer infrastructure and regulations that prioritize the needs of pedestrians. This includes well-maintained sidewalks, properly marked crosswalks with adequate signage and signals, and traffic laws that enforce driver responsibility towards pedestrians.

Understanding the importance of pedestrian safety helps foster a culture of mutual respect between drivers and pedestrians. By being aware of their vulnerability on the roads and actively taking steps to prevent accidents through education and awareness campaigns, we can work towards reducing these incidents.

Last but certainly not least importantly: preventing pedestrian accidents means saving lives. Each accident avoided is one less person suffering from life-altering injuries or even losing their life tragically. Every effort to care about pedestrian safety contributes to creating a community where everyone feels secure when traveling by foot.

What Is a Pedestrian Accident Claim?

A pedestrian accident claim is a legal process that allows individuals injured in an accident involving a motor vehicle to seek compensation for their injuries and other damages. A pedestrian may be entitled to financial compensation for medical expenses, lost wages, pain and suffering, and more when a pedestrian is hit by a car, truck, or motorcycle.

To pursue a pedestrian accident claim, the injured party must establish that the driver was negligent or at fault for the accident. This can be done by gathering evidence such as witness statements, surveillance footage, police reports, and medical records.

To prove negligence in a pedestrian accident claim, it must be shown that the driver breached their duty of care towards pedestrians by acting recklessly or negligently. For example, if a driver runs a red light and strikes someone crossing the street legally in a crosswalk.

It's important to note that even if no witnesses are present during the accident, you can still file a pedestrian accident claim. Evidence, such as video footage from nearby cameras or skid marks on the road, can help support your case.

Remember to consult with an experienced personal injury attorney specializing in pedestrian accidents before pursuing legal action. They will guide you through each step of filing your claim and ensure that you receive fair compensation for your injuries and damages caused by the incident.

What Are the Common Causes of Pedestrian Accidents?

Pedestrian accidents can occur due to various factors, and it's important to understand the common causes to prevent them. One of the leading causes is distracted driving. When drivers are texting, talking on the phone, or engaging in other distractions behind the wheel, they may fail to notice pedestrians crossing their path.

Another common cause is aggressive driving. Speeding, running red lights, and failing to yield the right of way all increase the risk of hitting a pedestrian. Additionally, impaired driving poses a significant danger. Alcohol or drug impairment can impair a driver's judgment and reaction time.

Poor visibility is another factor that contributes to pedestrian accidents. Low light conditions at night or during inclement weather make it difficult for drivers and pedestrians to see each other.

Infrastructure issues such as poorly designed crosswalks or lack of proper signage can also contribute to pedestrian accidents. These factors highlight why it's crucial for drivers and pedestrians alike to exercise caution and follow traffic laws at all times.

What Types of Injuries Can Result from Pedestrian Accidents?

Pedestrian accidents can result in a wide range of injuries, varying in severity depending on the circumstances of the accident. These injuries can have long-lasting physical, emotional, and financial impacts on the victims. Some common types of injuries can occur due to pedestrian accidents.

  • Fractures and Broken Bones: The impact between a vehicle and a pedestrian can cause fractures or broken bones, often in the arms, legs, or hips. These injuries may require extensive medical treatment, such as surgeries or immobilization with casts.
  • Head Injuries: Pedestrians involved in accidents may suffer from traumatic brain injuries (TBI) due to direct impact or hitting their head on the ground. TBIs can range from mild concussions to more severe forms that could lead to long-term cognitive impairments.
  • Spinal Cord Injuries: A pedestrian accident can also damage the spinal cord, leading to paralysis or loss of sensation below the injury site. Such injuries often require lifelong medical care and rehabilitation.
  • Soft Tissue Injuries: Pedestrians may experience sprains, strains, bruises, and contusions due to sudden jerking movements during an accident. While these injuries are generally less severe than others mentioned above, they can still cause significant pain and discomfort.

It is crucial for pedestrians who have suffered any injury from an accident caused by someone else's negligence to seek immediate medical attention and consult with experienced pedestrian accident lawyers who specialize in helping victims obtain compensation for their damages.

How Can I Prove the Driver's Negligence in a Pedestrian Accident Claim?

Proving the driver's negligence in a pedestrian accident claim is crucial for obtaining compensation for your injuries. Here are some key steps to help you build a strong case:

  • Gather evidence: Collect as much evidence as possible from the accident scene, such as photographs, videos, and witness statements. This evidence can be vital in establishing that the driver was at fault.
  • Obtain police reports: Call the police immediately after the accident and ensure an official report is filed. Police reports often contain valuable information about the incident and can support your claim.
  • Review surveillance footage: Check for security or traffic cameras near the accident site. Surveillance footage can provide undeniable proof of negligence on the driver's part.
  • Consult with experts: Expert opinions can strengthen your case significantly by providing professional analysis and testimony regarding factors like vehicle speed, road conditions, or visibility issues.

Remember, proving negligence requires gathering solid evidence and constructing a persuasive argument based on that evidence to hold the driver accountable for their actions. By following these steps, you increase your chances of successfully proving liability in a pedestrian accident claim without any doubt!

Do I Need to Have Witnesses to File a Pedestrian Accident Claim?

Witnesses can play a crucial role in supporting your pedestrian accident claim. While not always necessary, having witnesses can greatly strengthen your case and increase the likelihood of a successful outcome.

Eyewitness testimonies provide valuable evidence regarding the events leading to and immediately following the accident. Their firsthand accounts can help establish who was at fault and how the incident occurred.

Witnesses can corroborate your version of events and challenge any conflicting narratives the opposing party presents. Their impartial observations lend credibility to your claims, making it harder for the other side to dispute liability or downplay their negligence.

Additionally, witnesses may have captured photographic or video evidence of the accident on their smartphones or other devices. This visual documentation can serve as undeniable proof of what transpired and further support your case.

Even if there are no direct witnesses to the accident itself, bystanders or nearby residents may have seen something before or after that could be relevant. These individuals might have noticed factors like poor lighting, hazardous road conditions, or negligent behavior from either party involved.

Can I File a Pedestrian Accident Claim if the Driver Fled the Scene?

Finding yourself injured after being struck by a vehicle is already distressing, but what happens when the driver flees the scene? Thankfully, you may still be able to file a pedestrian accident claim even in this situation. 

When a driver hits a pedestrian and leaves without stopping or providing any contact information, it is considered a hit-and-run incident. In such cases, identifying and locating the responsible party can be challenging. However, don't lose hope just yet.

If you have uninsured motorist coverage as part of your auto insurance policy, you may be able to make a claim against it for compensation. This coverage protects victims of accidents involving uninsured or unidentified drivers.

It's important to consult with an experienced pedestrian accident lawyer who can guide you through the process and help gather evidence that supports your case. They will navigate through legal complexities on your behalf and work towards getting you the compensation you deserve.

Remember, fleeing from an accident scene is illegal and morally wrong. While dealing with such unfortunate circumstances can be overwhelming, know that options are available for seeking justice and obtaining financial relief for your injuries.

How Do I Determine the Value of My Pedestrian Accident Claim?

Determining the value of your pedestrian accident claim can be a complex process. There are several factors to consider that can impact the amount of compensation you may be entitled to receive.

First and foremost, medical expenses play a significant role in determining the value of your claim. This includes both past and future medical costs related to your injuries. Having detailed documentation of all medical treatments and their associated expenses is essential.

Lost wages are another important factor in calculating the value of your claim. If your injuries have caused you to miss work or resulted in a decrease in earning capacity, you may be eligible for compensation for these financial losses.

Pain and suffering are also considered when determining the value of your claim. This includes physical pain, emotional distress, and any other non-economic damages experienced as a result of the accident.

It's crucial to assess any long-term effects or disabilities resulting from the accident. These considerations can significantly impact the overall value of your claim. To ensure an accurate evaluation of your case, it is best to consult with an experienced pedestrian accident attorney who can analyze these various factors and help guide you through the claims process. 

Can I File a Pedestrian Accident Claim if I Was Partially at Fault?

If you were involved in a pedestrian accident and believe you may have been partially at fault, you may still be able to file a claim. Multiple factors often contribute to an accident, and it's not always clear-cut who is entirely responsible. The legal system recognizes this complexity and allows for shared responsibility.

Comparative negligence comes into play when determining fault in a pedestrian accident claim where the pedestrian was partially at fault. Comparative negligence means that both parties' degree of fault will be assessed, and compensation will be adjusted accordingly. For example, if it is determined that the driver was 70% at fault while the pedestrian was 30% at fault, the compensation awarded would be reduced by 30%.

It's important to note that each state has laws regarding comparative negligence and how it affects personal injury claims. Consulting with an experienced pedestrian accident lawyer can help clarify your rights and options based on the specific laws in your jurisdiction.

Remember, being partially at fault does not automatically disqualify you from seeking compensation for your injuries and damages resulting from a pedestrian accident. It's crucial to consult with an attorney specializing in these types of cases to navigate the complexities of proving liability and maximizing your potential recovery.

What Is the Statute of Limitations for Filing a Pedestrian Accident Claim?

The statute of limitations for filing a pedestrian accident claim refers to the time limit you must initiate legal action after an accident. It varies from state to state, so it's important to understand the specific laws in your jurisdiction. In general, these time limits range from one to six years.

Failing to file a claim within the statute of limitations can result in your case being dismissed and losing out on any potential compensation you may be entitled to. Therefore, it is crucial to consult with an experienced pedestrian accident lawyer as soon as possible after your accident.

The specific duration of the statute of limitations depends on various factors, such as the type of injury sustained and the jurisdiction where the accident occurred. Your attorney will guide you through this process and ensure all necessary paperwork is filed correctly and within the required timeframe.

Can I File a Pedestrian Accident Claim for Emotional Distress or Trauma?

Emotional distress and trauma are common consequences of pedestrian accidents. The psychological impact can be just as severe as the physical injuries sustained. If you have experienced emotional distress or trauma due to a pedestrian accident, you may wonder if you can file a claim to seek compensation.

The answer is yes. You can pursue a pedestrian accident claim for emotional distress or trauma. In such cases, gathering evidence and documentation supporting your claim is crucial. This could include medical records showing diagnoses of conditions like post-traumatic stress disorder (PTSD) or anxiety disorders and testimonies from mental health professionals.

To ensure the success of your emotional distress or trauma claim, it is advisable to consult an experienced pedestrian accident lawyer specializing in personal injury cases. They will guide you through the legal process and help build a strong case on your behalf.

Recovering compensation for emotional distress or trauma resulting from a pedestrian accident can provide financial support for therapy sessions, counseling services, and other necessary treatments. It's important not to overlook the lasting effects of these intangible damages when seeking justice after an accident.

Can I Seek Compensation for Medical Expenses Related to My Pedestrian Accident Injuries?

Being involved in a pedestrian accident can result in serious injuries that require extensive medical treatment. You may wonder if you can seek compensation for your medical expenses as a victim. The answer is yes! If someone else's negligence caused the accident, you have the legal right to pursue a pedestrian accident claim and seek compensation for your medical bills.

When filing a claim, gathering all relevant documentation related to your medical expenses is important. This includes hospital bills, doctor's reports, prescription receipts, and other proof of treatment or medication costs. These documents will help establish the extent of your injuries and their financial impact on you.

In addition to seeking reimbursement for past medical expenses, you may also be entitled to compensation for future medical treatments. This could include ongoing therapy sessions, surgeries, or rehabilitation programs necessary for recovery.

By filing a pedestrian accident claim and seeking compensation for your medical expenses, you are taking an important step toward securing the financial support needed to cover the costs associated with your injuries. Consult with an experienced pedestrian accident lawyer who can guide you through this process and fight on your behalf.

Contact Frankl Kominsky Pedestrian Accident Lawyers Serving Royal Palm Beach

At Frankl Kominsky, we are dedicated to representing victims of pedestrian accidents in Royal Palm Beach and throughout Florida. Our team of experienced attorneys is here to ensure you receive the compensation you deserve for the injuries caused by someone else's negligence. We understand how traumatic a pedestrian accident can be and will fight hard to get you the justice you deserve. 

Call us today at 561-800-8000 for a free consultation. We will provide personalized attention and help you navigate the legal system. We will handle all aspects of your case, including filing claims, negotiating settlements, and fighting for a verdict in court when necessary.

Our attorneys have decades of combined experience representing clients throughout Florida. We are committed to helping people like you get the justice they deserve, so contact us today to learn more about how we can help.

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