If you’re involved in a pedestrian accident, the skilled pedestrian accident lawyers at Klotzman Law Firm in Hollywood, Florida can help you hold the at-fault party. We will demand full compensation for your pain and suffering, lost income, medical expenses, and other losses. Call us today at 954-915-7405 for your free case evaluation.
Pedestrian accidents can happen anywhere and at any time and often result in serious injuries. If you’ve been injured in a pedestrian accident, the medical expenses and financial burden can quickly add up. However, an experienced Hollywood personal injury lawyer can negotiate with the insurance company to ensure that you receive maximum compensation.
Main Causes of Pedestrian Accidents
Pedestrian accidents occur when a vehicle strikes a pedestrian. They usually occur on roads with narrow shoulders but no sidewalk, intersections with crosswalks, in parking lots, and when pedestrians cross a street outside of a crosswalk. The main causes of pedestrian accidents in Hollywood, Florida include:
Failure to Yield Right of Way
“Right of way” is the legal right of a motorist or pedestrian to proceed with precedence in a particular situation or location. For example, if a traffic signal is directing a pedestrian to proceed onto the crosswalk, the motorist is obligated to let the pedestrian finish crossing the road before they continue driving through the crosswalk or intersection.
Failure to yield right of way occurs when a motorist or pedestrian proceeds without giving precedence to the other party – for instance, if a car fails to yield to a pedestrian in a crosswalk, thus committing a traffic violation.
Driving beyond the speed limit not only increases the risk of auto accidents but also pedestrian injuries and deaths. A speeding driver may fail to see a pedestrian in time, or they may not calculate enough time to allow them to stop before hitting the pedestrian.
Driving Under the Influence
Driving under the influence of alcohol and/or drugs plays a role in pedestrian accidents and in many instances, it impacts the rate of speed at which the driver is traveling at when the accident happens. Incidents in which the driver had blood alcohol levels beyond the legal limits may occur near event venues such as sporting events or music concerts or in parking lots.
Pedestrians are often more vulnerable to accidents after sunset and at dusk due to the poor lighting conditions during those periods. Pedestrians walking at night can reduce their risk of being struck by wearing reflective clothing and walking in safer areas, such as well-lit trails or even inside parks.
A slippery road can make it virtually impossible for a vehicle to stop in time to allow a pedestrian to pass. Similarly, hazardous walking conditions may cause a pedestrian to end up in the path of an unsuspecting motorist. Furthermore, rain water can cause vehicles to hydroplane into crosswalks while ice can cause vehicles to jump the curb and strike pedestrians.
Walking on the Wrong Side of the Road
Pedestrians that walk on road shoulders with their backs to oncoming traffic (walking on the right) run a far greater risk of being involved in an accident than those that walk while facing oncoming traffic (i.e., on the left).
Driver and Pedestrian Distraction
If a driver takes his or her eyes off the road, such as to adjust the radio or to send a text message, the risk of a pedestrian accident occurring rises. It also rises when pedestrians walk with their eyes glued to their phones or while listening to music that drowns out their surroundings.
Jaywalking refers to crossing a road outside of a marked or unmarked crosswalk. It is the pedestrian that’s required to yield to the driver outside of pedestrian crosswalks. Jaywalking is by far the commonest way pedestrians are involved in accidents that either injure or kill them.
Arterial and multi-lane roads cause pedestrian accidents by making competing demands on the attention of motorists. In the midst of dealing with tailgating motorists, fighting for a lane change opening, and navigating among other vehicles, a motorist may forget to look out for pedestrians and an accident may occur.
If you are involved in a pedestrian accident in Hollywood, Florida you can trust our experienced pedestrian accident lawyers at Klotzman Law Firm to investigate your accident for another party’s negligence and gather evidence to help prove your case.
The pedestrian accident lawyers at Klotzman Law Firm are ready to defend your best interests and work to prove another party’s financial responsibility for your damages. Call us today at 954-915-7405 to schedule your free, no-obligation consultation and case evaluation.
What Are Some of the Common Pedestrian Accident Injuries?
Injuries in pedestrian accidents are usually severe since the body makes direct contact with a vehicle in motion. Pedestrians don’t have the safety protections that vehicle occupants have, which increases the risk of serious injuries. Here are some of the most common injuries seen in pedestrian accidents:
- Traumatic brain injuries
- Fractured and broken bones
- Damage to internal organs
- Sprained and torn ligaments
- Spinal cord injuries
- Abrasions, contusions, and lacerations.
Victims of pedestrian accidents usually have residual pain for life or may even suffer permanent disability. Maximizing your compensation is crucial to help pay for future treatment and supplement your disability benefits in case you are unable to return to work.
That’s why you should consider working with our knowledgeable and experienced Hollywood, Florida pedestrian accident lawyers at Klotzman Law Firm law since we know how to build a solid case that supports recovery of maximum compensation.
What Should I Do After a Pedestrian Accident?
Being struck by a vehicle is a horrible experience that will likely leave you in a state of shock. You might feel powerless, but you can take some steps to protect your legal rights. Here are the steps you should take if you have been injured in a pedestrian accident or witnessed one:
Seek Medical Assistance Immediately
The first step you should take after being involved in a pedestrian accident, especially if you are badly hurt and cannot walk, move, are bleeding, or feel like you have sustained a head injury or broken bones is to call an ambulance. If you can’t, have someone else do it for you.
It is still important to seek medical assistance even if you think your injuries are minor. If your injuries can be treated at the scene, it is important that the police or EMT provide you with documentation of the treatment received.
Keep in mind that some injuries might not appear immediately and they still might be serious. Furthermore, if you have a concussion or other brain trauma, it might be virtually impossible for you to self-diagnose that.
Besides ensuring your health and physical condition, a medical examination is important if you plan to pursue a personal injury claim aimed at recovering compensation for the injuries sustained in a pedestrian accident.
If you have symptoms or injuries that appear days or even weeks after a pedestrian accident,, it can be much harder if not impossible to prove that they were the result of the accident. If you cannot prove that the accident caused them, it will be impossible to recover damages.
Document Your Injuries
You must never rely solely on medical records as your only documentation for injuries sustained in a pedestrian accident. So, make sure that you create a record of all your injuries. Have a friend or family members take pictures of each injury as soon as is reasonably possible.
Immediately you are able to jot down a short statement about each of your injuries, including those that cannot be documented in a photo. Include the size, location, severity, pain level, and any other relevant information.
Take updated photos of any visible healing of your injuries as the case progresses and add a brief note about the medical treatment needed for each injury. It is of utmost importance that you record this information whether or not you have a pedestrian accident lawyer representing you.
Call the Police
Chances are witnesses will have already alerted the police, or the at-fault driver might have. If they haven’t called the police, request someone to call them. It is important to have police present whether or not you are hurt to file an official report of the accident.
Calling the police will also notify emergency services so that they can arrive and check that nobody has been injured. You may, in fact, be injured and not even know it because of the shock or adrenaline that might be masking any underlying pain.
Don’t Discuss Fault on the Scene or with the Motorist’s Insurance Company
You should try to avoid discussing fault at the accident scene because whatever you say can and will be used against you should legal proceedings commence post-accident. Only discuss your version of the accident with your lawyer, your insurance company, and medical personnel.
It is also important to avoid speaking at length with the at-fault motorist’s insurance company because they don’t have your best interests in mind. Never accept any settlement offered or sign any documents that they may send you.
Simply request the name, phone number, address and claim number from the company. You should only provide the contact details for yourself, your insurance company (if applicable), and your lawyer to the at-fault motorist’s insurance company.
Contact Your Insurance Company
Following the accident, it is important to report it to your own insurance company to get started with the claim process.
If the at-fault driver’s insurance company or any involved party’s insurance company contacts you, don’t provide them with any information and don’t accept a quick settlement. Simply tell them that you want to first speak with your lawyer.
Insurance companies have a reputation for using tactics aimed at tricking victims into giving up information that may hurt their claims. They might also try offering a quick settlement, but these are usually much lower than what you’re owed.
Seek Professional Legal Assistance
If you’ve sustained an injury in a Hollywood, Florida pedestrian accident, call the lawyers at Klotzman Law Firm for your free, no-obligation consultation.
If you’ve suffered an injury as a result of a pedestrian accident, you will likely face a legal battle with an insurance company or a lawsuit against the driver. Our experienced pedestrian accident lawyers can help you recover the compensation you are owed.
How Do You Determine Liability or Fault in a Pedestrian Accident in Florida?
Recovering compensation in a pedestrian accident requires showing that the at-fault driver’s reckless, wrongful, or negligent actions cause your injuries. To do that, our Hollywood, Florida pedestrian accident lawyers must prove liability or fault based on the following 4 elements of negligence:
Duty of Care
Drivers owe other road users, including bicyclists, pedestrians, and others a duty of care. It means that motorists have the legal obligation to drive safely and obey the traffic laws. Furthermore, the Official Florida Driver License Handbook identifies rules aimed at ensuring the safety of pedestrians.
According to the handbook, drivers:
– Must never block a crosswalk when stopped at a red light
– May not pass another vehicle that’s stopped to allow a pedestrian to cross
– Must stop at pedestrians at marked crossings, driveways, and intersections
– Should exercise care around the visually impaired, the disabled, and children
– Must stop and look in both directions before they make a turn on red.
Breach of Duty
Drivers that fail to obey the traffic laws or act in a reasonably safe manner breach the duty of care. Our pedestrian accident attorneys at Klotzman Law Firm in Hollywood, Florida can gather evidence that shows that a driver broke the law or acted negligently or dangerously.
Case evidence may include:
- Eyewitness accounts
- Photos of your injuries and the accident site
- Surveillance or dashcam video footage
- Medical records
- Police reports.
Drawing upon our legal experience and knowledge of the law, our lawyers can draw a direct connection between the driver’s negligent, reckless, or wrongful behavior and your accident.
For instance, if your accident involved a drunk driver, we can establish that they had a blood alcohol content (BAC) above the legal limit. We can then show that this led to their failure to react to a red light that in turn caused them to enter an intersection and strike you while you were crossing.
Our legal team can prove that your accident led to financial damages and pain and suffering. We can collect your receipts, bills, wage records, and other documents outlining your out-of-pocket losses and expenses.
We can even hire vocational experts, medical professionals, and economists that can evaluate your pain and suffering and expected future medical expenses and lost wages so that we can determine the appropriate amount of damages to pursue.
How Can a Pedestrian Accident Lawyer Assist with My Claim?
If you’re involved in a pedestrian accident in Hollywood, Florida, you should consider working with an experienced lawyer who can assist with your claim in the following ways:
Our pedestrian accident lawyers can help you conduct a thorough examination of your case. We will look at the facts surrounding the case and gather evidence that we can use to build a compelling case. We will handle all the legal paperwork, including filing a lawsuit if necessary.
Our pedestrian accident lawyers will also help you determine the maximum amount of compensation you can expect to receive for your injuries. We will also undertake settlement negotiations with the at-fault driver or their insurance company to ensure that you receive maximum compensation.
Trial Preparation & Representation
If settlement negotiations fail, our pedestrian accident lawyers are not afraid to take the matter to court. In court, we will provide aggressive representation to ensure that you receive a favorable verdict from the judge or jury.
What Damages Can You Sue for in a Pedestrian Accident?
Victims of pedestrian accidents may be entitled to recover damages from the parties found legally responsible for their injuries. Damages is a legal term for both the losses suffered by a plaintiff and the amount of financial compensation that can be recovered with a claim.
The damages available in your pedestrian accident case will depend on the types of losses and the extent of your injuries. However, the most common types of damages include the following 3 listed below:
Economic damages compensate you for the financial losses suffered after your Hollywood, Florida pedestrian accident and are usually calculated using receipts, bills, and invoices. Examples include but are not limited to:
- Medical Bills: The money to cover hospitalization, visits to the doctor, physical therapy, treatments, prescription medication, medical equipment, surgery, and more.
- Property Damage: The money to cover the damage to your motor vehicle, mobile phone, clothes, and other types of property damage.
- Loss of Income: The money to cover the time missed at work, future lost earnings, and a reduced earning capacity because you are unable to go to work.
Non-economic damages, on the other hand, provide financial compensation for any losses suffered after the pedestrian accident that don’t have a set monetary value. Simply put they are unquantifiable, which means that they cannot be calculated using invoices, receipts, and bills. Examples include:
- Mental Anguish: Not all pain is physical. After the accident, you are entitled to compensation for psychological and emotional pain, including depression, anxiety, and distress.
- Pain and Suffering: For a diminished quality of life, including fear, emotional distress, post-traumatic stress disorder (PTSD), and other types of pain and suffering.
- Wrongful Death: For the death of a loved one in an accident including funeral expenses, medical bills, lost income, and more according to Florida Statute 768.21.
If the at-fault driver is found to have engaged in wanton or willful conduct, you may also be entitled to punitive damages. The conduct may include driving under the influence, reckless speeding through a parking lot, etc.
Punitive damages are not intended to compensate the accident victim. Instead, they are aimed at punishing the at-fault party while also discouraging or dissuading others from engaging in similar conduct.
A Hollywood, Florida pedestrian accident can be a life-altering event especially if you sustain serious injuries. Consult with the experienced pedestrian accident lawyers today at Klotzman Law Firm who will help you recover the compensation that you deserve!
What Are the Time Limits for Filing a Pedestrian Injury Claim in Florida?
Florida law requires a claim or suit for injuries in a pedestrian accident to be filed within 4 years of the injury. You need to see a lawyer as soon as possible following the accident. Immediately you hire our pedestrian accident lawyers at Klotzman Law Firm, we can start working on getting you reasonable compensation for your injuries.
How Much Will a Pedestrian Accident Lawyer Cost?
Victims of pedestrian accidents in Hollywood, Florida already have enough expense, difficulty, and pain to deal with without having to worry about paying for a lawyer. Fortunately, at Klotzman Law Firm, we offer free initial consultations to determine whether you are entitled to compensation.
If we determine that you have a valid case, we will work on a contingency fee basis, which means that we are paid only if the lawsuit is successful or settled favorably out of court. The contingency fee is usually calculated as a percentage of your net recovery.
Injured in a Pedestrian Accident in Hollywood, Florida? We Can Help!
If you or a loved one was injured in a pedestrian accident in Hollywood, Florida, you have a right under the law to pursue compensation for your injuries and losses. Fortunately, the legal team at Klotzman Law Firm can help you do exactly that.
We can help you recover compensation for your pain and suffering, lost wages, medical bills, and more. To get started with your case, call the Hollywood pedestrian accident lawyers at Klotzman Law Firm today at 954-915-7405 for a free, no-obligation consultation with a member of our team.