Pedestrian Accident FAQs
Florida ranks among the top states in the nation most years when it comes to pedestrian accident injury and fatalities. At Flaxman Law Group, our offices in Miami, Homestead, and Hollywood get many calls from injured pedestrians who are worried about their future.
We’ve put together this FAQ of the most common questions we hear from clients. We hope this will be a starting point for you if you’re injured. If you’re injured in a pedestrian accident and need more information, you can always call us at 866-352-9626 or contact us online to schedule a free, no obligation consultation with a Florida pedestrian accident claims attorney. Our team would be happy to answer your questions.
- What Are Pedestrian Accidents?
- Why Do Pedestrian Accidents Happen?
- What Are the Most Common Pedestrian Accident Injuries?
- Is the Driver Always at Fault in Pedestrian Accidents?
- What Is My Claim Worth?
- What Is the Process of Filing a Claim?
- Do I Need to Work With an Attorney?
Pedestrian accidents involve any crash between someone who is walking on foot and a vehicle. Pedestrian accidents can involve bicycle accidents, motorcycle accidents, truck accidents, and car accidents.
Pedestrian accidents can happen for several reasons:
- Driver inattention. When motorists are distracted or not paying attention, they can easily miss a person crossing a sidewalk or a street. Daydreaming, texting, or focusing on a conversation with a passenger can all make drivers distracted and inattentive.
- Drunk driving. When drivers are inebriated, they may not notice a pedestrian or may drive through a red light where a pedestrian is crossing. Drinking slows response times and can make it harder for drivers to make good decisions.
- Visibility issues. Poor lighting, blind turns, overgrown trees and shrubs, and other visibility issues can make it harder for drivers to see pedestrians.
- Pedestrian inattention or recklessness. Pedestrians who run into the road or cross on a red light may be in a crosswalk when drivers don't expect them to be there.
- Motorist recklessness. If a motorist swerves around another car who has stopped for a pedestrian, they can easily hit a person in an intersection. If drivers are not paying attention to the road, to school zones, to school buses, and to other high traffic pedestrian areas, they can easily cause an accident.
- Poor street design. Lack of crosswalks and sidewalks, inadequate intersection lights, and other poor design choices can make it hard for pedestrians to share the streets comfortably with drivers. This can cause accidents.
Unlike drivers and occupants of cars, pedestrians don't have seatbelts, airbags, and other protection systems. In a collision, they can be struck directly, run over, or pushed onto the road. Their injuries can be serious and can involve:
- Head injuries
- Back and spinal cord injuries
- Fractures, including compound fractures
- Soft tissue injuries, including strains and sprains
- Abrasions and scarring
- Internal injuries
Drivers are supposed to be looking out for pedestrians, especially children, and driving safely. For this reason, drivers are often considered at fault in pedestrian accidents. At the same time, insurance companies and drivers often try to blame pedestrians in these types of crashes.
To determine what really caused your collision, an experienced Florida pedestrian accident claims attorney may work with an accident reconstruction expert, investigator, expert witnesses, medical experts, and other professionals to determine what most likely caused your injuries. Their investigation can gather information about who was at fault and collect evidence so you can seek fair compensation for your injuries.
Florida law allows you to recover financial losses related to your injuries. This means that if you are injured in a pedestrian accident and need to lose time at work, you can recover for your lost wages. You can also seek to recover for expected future lost wages, medical bills, expected future medical bills, property damage, and more. You can also seek compensation for incidental costs, such as the cost of taxis to and from medical appointments. You may be able to seek compensation for pain and suffering.
If you have lost a loved one in a pedestrian accident and you are an immediate family member who is qualified to file a legal claim, you can seek compensation for final funeral and memorial expenses, final medical bills, wages that the loved one would have contributed to your household, pain and suffering, and other costs. In this situation, you may have a wrongful death claim.
Every pedestrian accident is unique. The best way to determine how much you can claim in a pedestrian accident is to speak with a pedestrian accident claims attorney. The attorneys at Flaxman Law Group, for example, have worked with thousands of injured individuals, and are familiar with how much certain injuries can cost in terms of treatment in Hollywood, Miami, and other cities. They understand typical costs recoverable for pain and suffering and for other losses, too.
The process of filing a claim really starts as soon as the accident happens. Get the contact information of the other driver if you can. Get the contact information for witnesses, if possible. Take down with the license plate, make and model of the car, take photos of your injuries and the accident scene as well as the surrounding area. The more documentation you have the better. Of course, get medical attention and especially emergency medical attention if your injuries may be serious.
You will also want to contact an experienced pedestrian accident injury claims attorney. Your attorney can take care of the many steps involved in filing a claim, from filing the paperwork, to having liable parties served, to negotiating with insurance companies and other parties. The goal of your attorney is to make sure you get the fairest compensation possible.
It is not a legal requirement that you work with a personal injury attorney. You can file a pedestrian accident claim yourself, either in the court system or with the insurance company of the at fault driver. However, the process of filing and negotiating with other parties is complex. It requires a thorough knowledge of the law. Many people who have been injured by a pedestrian accident find that insurance companies treat their case more seriously when they work with an experienced attorney.
Many people worry about working with an attorney because they fear the costs. The good news is that there are options for this. Flaxman Law Group makes it easy by offering you a free consultation with no obligation. This lets you find out whether you have a claim before you make any decisions. No cost is involved. In addition, our legal team works on a contingency fee basis. This means you don't pay until and unless we recover money for you. This allows you to pursue fair compensation without having to worry about the costs. Our goal is to get you the money you deserve, not charge you up front.
Call Flaxman Law Group at 866-352-9626 to speak to a live person who can schedule a free, no obligation consultation with a pedestrian accident attorney. Or contact us online to set up your free consultation. If you’ve been injured, we’re here with answers.