Pedestrian accidents can result when automobile drivers do not pay attention to where they are going and crash into a pedestrian walking, running, or biking on a crosswalk, sidewalk, or other walkways.
Negligent driving behaviors, such as distracted driving, running red lights, or speeding, can expose pedestrians to harm. Pedestrians do not have protection from the impact of a collision with a large vehicle, which can cause severe injuries like traumatic brain injuries (TBIs), broken bones, or back and neck injuries.
If you got hit by an automobile while commuting on foot or jogging, you could hold the negligent driver accountable in a pedestrian accident claim. You can file a pedestrian accident claim with the liable party to hold them accountable for the damages they caused, including medical bills, lost wages, and pain and suffering.
The experienced Delray Beach pedestrian accident lawyers at The Russo Firm can help assess your damages, collect evidence to prove your case and negotiate a fair settlement with the at-fault party’s insurance company.
Why You Should Choose The Russo Firm to Help With Your Pedestrian Accident Claim
Following a pedestrian accident, you need the support of a pedestrian accident lawyer who has helped victims who have suffered the same way you have and will. The Russo Firm’s lawyers have experience assisting pedestrian accident victims who suffered significant injuries and damages due to a driver’s negligence.
Our pedestrian accident lawyers do not have a “one size fits all” approach to legal counsel. Just because we have helped other pedestrian accident victims does not mean we will provide the same help. Our pedestrian accident attorneys provide personalized legal counsel that caters to the specifics of your case.
We want to represent you and shape the legal counsel plan around your thoughts, concerns, and desires. Your best chance for recovering fair compensatory damages in a pedestrian accident claim is by putting your trust in a pedestrian accident lawyer with the experience, expertise, and resources to get the job done, like the pedestrian accident lawyers at The Russo Firm.
Causes of Pedestrian Accidents in Delray Beach, FL
In most cases, pedestrian accidents result from drivers not paying attention or behaving negligently behind the wheel. A negligent driver can lose control of their vehicle, not see a pedestrian, or go too fast to avoid striking a pedestrian. A high-speed truck, bus, motorcycle, or car accident with a pedestrian can result in severe injuries that can lead to significant medical costs and psychological trauma.
The following are some ways a driver can cause a pedestrian accident:
- Distracted driving
- Speeding
- Drunk driving
- Drowsy driving
- Running a red light
- Not obeying street signs
- Failing to yield the right-of-way
- Road rage
- Reckless driving
A pedestrian accident lawyer can help you hold a driver accountable for the negligent driving behavior that caused the pedestrian accident. They can help you collect evidence to prove their negligence to put you in a position to recover compensatory damages.
Common Types of Pedestrian Accidents
Much like there are many types of car accidents, such as sideswipe, head-on, and T-bone collisions, pedestrian accidents can happen in many different ways. What pedestrian accident type occurs depends on where the accident happens, the situation that led to the accident, and what negligent behavior the automobile driver commits.
The following are some of the types of pedestrian accidents:
- Back-up accidents: This type of pedestrian accident occurs when a driver does not check to see if anyone is behind them before backing up. They back up, likely in a parking lot, and strike a pedestrian behind them.
- Intersection accidents: When a pedestrian has the right-of-way at an intersection, drivers must stop their vehicles to allow them to pass through the crosswalk. Drivers who fail to do this can drive through a red light and cause a pedestrian accident with someone walking through a crosswalk.
- Passing accident: This type of pedestrian occurs when one vehicle stops to allow pedestrians to pass. An impatient driver may not want to wait and attempt to pass the stopped vehicle, striking pedestrians crossing the street as a result. This ordinarily happens when a bus driver stops to allow their passengers off.
- Vendor accident: A driver crashes into a street food vendor or customer of a street food vendor.
- Merging or turning accident: When a driver is focused on merging or turning into another lane, they may not pay close enough attention to pedestrians in their way. An unaware driver may strike a pedestrian trying to cross the street, leading to severe injuries.
Severe Injuries Caused by Pedestrian Accidents
Pedestrians have no protection from the impact of being hit by a large motor vehicle. Their body can receive a direct impact from the automobile, exposing the bones, muscles, tendons, ligaments, etc. to direct trauma. The damage caused to the various parts of the body can result in severe injuries that can affect a person’s quality of life.
A severe injury can also result if the person has a second impact with a hard object or surface. For example, a person who gets struck by a car may get sent flying through the air, eventually landing hard on the concrete pavement. If they fall directly on their right arm, it’s likely they will suffer a broken arm, wrist injury, shoulder injury, or elbow injury.
The following are some of the severe injuries caused by a pedestrian accident:
- Traumatic brain injuries (TBIs)
- Back and neck injury
- Broken bones
- Spinal cord injury
- Shoulder injury
- Knee injury
- Facial injury
- Internal injury
What to do After a Pedestrian Accident in Delray Beach, FL
Following a pedestrian accident, victims may not know how to proceed. They may be in a haze of pain and confusion as they deal with their severe injuries from the unexpected pedestrian accident. They must prioritize their health after a pedestrian accident, as severe injuries can grow much worse without proper medical attention.
However, they must also take steps to put themselves in a position to recover compensation for their damages. This involves collecting evidence, exchanging contact information, and keeping track of everything that led up to the pedestrian accident.
The following are some of the steps you should take after a pedestrian accident:
- Exchange contact information with the at-fault party and witness
- Collect evidence at the scene of the pedestrian accident
- Report the pedestrian accident to the proper authorities
- Receive medical attention
- Write down all of the details you can remember from the pedestrian accident
- Hire a pedestrian accident lawyer
Statute of Limitations for a Pedestrian Accident Claim
The statute of limitations for a personal injury claim refers to how long a victim has to begin the process of pursuing compensation by filing a claim or lawsuit. The time begins to elapse on the day of the accident or when the victim discovers they suffered injuries.
In the case of a pedestrian accident, the victims will have a certain amount of time after they get struck by an automobile to pursue compensation from the at-fault party’s insurance company.
How long they have to file their pedestrian accident claim depends on their state. Each state has its own laws regarding the statute of limitations for all types of personal injury claims.
For example, Florida’s statute of limitations for a pedestrian accident claim is four years, according to Florida Statute 95.11. Speak to a local pedestrian accident lawyer to learn about the laws that affect pedestrian accident claims, including the statute of limitations in your state.
Who Can Be Held Liable for a Pedestrian Accident?
A motorist is the most likely party that can share liability in a pedestrian accident. Most pedestrian accidents result from negligent drivers not driving properly and hitting a pedestrian as a result. If you received severe injuries from a pedestrian accident caused by a motorist’s negligent driving, you could file a pedestrian accident claim with your insurance company to pursue compensatory damages.
However, that driver may be on a work task when the pedestrian accident occurs. In that case, an employer can share liability through vicarious liability. This only applies when an employee causes a pedestrian accident during a work task. It can be difficult to hold an employer liable for an employee’s actions, so be sure to speak to a pedestrian accident lawyer about whether this is the best path for pursuing compensation for damages.
What Damages Can You Pursue in a Pedestrian Accident Claim?
The impact of a severe injury from a pedestrian accident can result in the victim suffering significant damages that can affect them financially and psychologically. They can pursue compensation for these damages with the help of a pedestrian accident lawyer, who can assess their current and future damages, collect evidence to prove they suffered them and negotiate a fair settlement to pay for the full cost of the damages.
Economic damages in a pedestrian accident claim are those with a monetary value. For example, if you suffer a severe pedestrian accident injury, you will likely have expensive medical costs to pay for hospitalization, surgery, and medication. You may also miss time from work while you recover from your injuries or may be unable to handle your job’s physical toll again.
You can also suffer non-economic damages, which reflect how your severe injuries affect your quality of life. The aftermath of a pedestrian accident can lead to depression, anxiety, low self-esteem, post-traumatic stress disorder, and worsened social communication. A pedestrian accident lawyer can help you calculate the cost of your suffering by speaking to medical and psychological experts.
The following are some of the damages you could pursue compensation for in a pedestrian accident claim:
- Medical bills
- Lost wages
- Lost earning potential
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium
- Loss of companionship
- Loss of society
- Loss of parental guidance/services
Proving You Suffered Damages from a Pedestrian Accident
Recovering compensation for damages caused by a pedestrian accident requires you to prove that you suffered damages, the pedestrian accident caused the damages, and the at-fault party’s negligence resulted in the pedestrian accident. It may seem daunting to prove every element of a pedestrian accident, but it’s required for you to recover compensation. An insurance company will not pay for your damages out of the kindness of their heart and will require evidence before agreeing to negotiate a settlement.
A pedestrian accident lawyer can help with gathering evidence to prove your pedestrian accident case. They can use their experience to inform what evidence serves to prove your case the best.
The following is some of the evidence that can prove your pedestrian accident claim:
- Video footage of the pedestrian accident
- Photos from the scene of the pedestrian accident
- Medical records
- Doctor reports
- Insurance statements
- Police reports
- Witness statements
- Expert witness testimonies
Why Should You Hire a Pedestrian Accident Lawyer to Help You Pursue Compensatory Damages?
Hiring a pedestrian accident lawyer can help with your pedestrian accident claim process. You likely do not have the experience handling pedestrian accident claims that can maximize your potential for recovering fair compensation. You may make a mistake that can affect your settlement. A pedestrian accident lawyer has the proper experience and can help you assess your damages, determine the liable party, collect evidence, and explain your rights.
One of the most important reasons to hire a pedestrian accident lawyer is to help negotiate a settlement with the at-fault party’s insurance company. They will try to limit your settlement to keep their profits up.
Some of the ways they can attempt to deny, delay, or devalue your claim are by failing to correspond with you, offering a lowball settlement, or using insurance adjusters to find information that can affect your claim. An experienced pedestrian accident lawyer can see through these attempts and counteract them with a specific strategy for recovering fair compensation for damages.
Contact The Russo Firm for Help With Your Pedestrian Accident Claim
At The Russo Firm, our pedestrian accident lawyers have decades of experience helping pedestrian accident victims recover compensation for their damages. Pedestrian accident victims can suffer severe injuries that can affect their ability to work, mental state, and financial situation as they must pay for expensive medical treatment.
Our Delray Beach personal injury lawyer can help relieve the burden of all this stress by offering our expertise in pursuing compensation for damages. We wish to represent you fully, simplifying the process of seeking compensation so you can focus on your recovery. Contact us today for a free consultation at (561) 270-0913 or leave a message on our online contact page.
The Russo Firm – Delray Beach Office
301 W Atlantic Ave
Delray Beach, FL 33444
P: (561) 270-0913