The aftermath of a pedestrian accident can be overwhelming, with mounting medical bills, lost wages, and other financial losses. This is where the expertise of Brandon Broderick, Attorney at Law, becomes invaluable. Representing injured pedestrians with compassion and integrity, our team is committed to helping you focus on your recovery and your family while we handle the legal complexities. We are dedicated to achieving the best possible outcome for you.

It's important to understand that hiring Florida personal injury lawyer Brandon J. Broderick comes with no upfront costs. We work on a contingency basis, meaning you don’t pay unless we win your case. This ensures that we are driven to secure the highest possible settlement or award for you. Without skilled legal representation, insurance companies may attempt to offer a low settlement or even deny your claim. Contact us today to ensure that your rights are protected and so that we can help you recover the compensation that you are entitled to.

Below, we answer some of the most frequently asked questions about pedestrian accidents in Florida, including key information about filing a personal injury lawsuit after such an accident.

Brandon J. Broderick: Your Trusted Attorneys for Florida Pedestrian Accidents

Protect Your Right to Compensation for Your Injuries and Expenses

No one is ever truly prepared for a pedestrian accident in Florida. The stress and uncertainty of dealing with injuries can be overwhelming, especially when the possibility of a personal injury lawsuit looms. It’s essential to understand your rights and take the proper steps to protect them. After an accident, insurance companies may quickly reach out to settle the case for less than you deserve, attempting to avoid covering future expenses.

It’s important to avoid negotiating directly with the insurance company. Your policy may cover not just immediate medical costs but also lost wages, long-term treatments, and rehabilitation. You are likely entitled to full compensation for all these expenses, so it’s critical to ensure that your rights are protected from the outset.

Brandon J. Broderick, Trial Attorneys, and Seasoned Negotiators

Insurance companies have the financial resources to challenge high-value injury claims, making it essential to have strong legal representation. By hiring a lawyer like Brandon J. Broderick, Attorney at Law, you greatly improve your chances of success. Our skilled pedestrian accident attorneys will manage all communication with the insurance company and work tirelessly to secure the compensation you deserve. If a fair settlement cannot be reached, we are fully prepared to take your case to trial.

You’ve Suffered Enough. Let Brandon J. Broderick Ensure the Law Works For You

Brandon J. Broderick, Attorney at Law, is dedicated to securing the best possible outcome for you, allowing you to focus on your health and recovery.

After a pedestrian accident, dealing with finances, healing from injuries, and planning your next steps can feel overwhelming. Our pedestrian accident attorneys are committed to prioritizing your care and maintaining clear communication, guiding you through every stage of the process to ensure you receive the support you need. We are here for you day or night.

Common Causes of Pedestrian Accidents in Florida

Pedestrian accidents in the U.S. have become a significant concern, with thousands of injuries and fatalities reported each year, often due to preventable causes. Many of these accidents result from driver negligence, such as distracted driving or speeding, and hazardous conditions like poor road design or low visibility. These factors underscore the urgent need for greater awareness and strict adherence to traffic laws to improve pedestrian safety. By understanding the most common causes of pedestrian accidents, we can work towards reducing these incidents and creating safer roadways for both drivers and pedestrians. Below you will find the most common causes of pedestrian accidents in Florida.

  1. Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving, particularly due to smartphone use. Texting, talking on the phone, or using apps can take a driver’s attention off the road, making it difficult to notice pedestrians in time to avoid a collision.
  2. Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of injuries in the event of a crash. Pedestrians are particularly vulnerable when vehicles are speeding, as drivers may not be able to stop in time, especially in residential areas or school zones.
  3. Failure to Yield at Crosswalks: Drivers are required to yield to pedestrians at crosswalks, but failure to do so is a common cause of accidents. Whether due to negligence or a lack of attention, not stopping at a crosswalk often leads to pedestrians being struck by vehicles.
  4. Driving Under the Influence: Alcohol or drug impairment significantly impairs a driver’s ability to make sound decisions, control their vehicle, and react to changing conditions. Drunk driving remains a major factor in pedestrian fatalities, particularly at night when visibility is already reduced.
  5. Poor Weather Conditions: Rain, snow, and fog can make it more difficult for drivers to see pedestrians and can also reduce the vehicle’s ability to stop quickly. Wet or icy roads further increase the likelihood of a pedestrian accident.
  6. Jaywalking: Pedestrians who cross the street outside of designated crosswalks or ignore traffic signals may increase the risk of an accident. Jaywalking can catch drivers off guard, especially on busy streets or highways, leading to dangerous collisions.
  7. Left Turns at Intersections: Accidents frequently occur when drivers make left turns at intersections. A driver may be focused on oncoming traffic and fail to see a pedestrian crossing the street, resulting in a collision.
  8. Reduced Visibility: Nighttime and early morning hours are the most dangerous times for pedestrians due to low visibility. Pedestrians are harder to see, especially if they are wearing dark clothing or walking in poorly lit areas, increasing the likelihood of accidents.
  9. Backing-Up Accidents: Pedestrian accidents often occur when a vehicle is backing up, especially in parking lots or driveways. Drivers may not see pedestrians, particularly small children, in their blind spots, leading to tragic incidents.
  10. Poorly Designed Roadways: Inadequate pedestrian infrastructure, such as a lack of sidewalks, pedestrian signals, or proper lighting, can contribute to accidents. In some cases, poorly designed intersections or dangerous road conditions also increase the risk for pedestrians.

Both drivers and pedestrians share responsibility for safety on the roads. Drivers must remain vigilant, obey traffic laws, and eliminate distractions, while pedestrians should always use crosswalks, follow signals, and stay alert. By addressing these common causes and taking proactive measures, it’s possible to reduce the number of pedestrian accidents and make streets safer for everyone.

How to Determine Liability in Pedestrian Accidents

When a car strikes a pedestrian, the driver is typically held at least partially accountable. Injured pedestrians have the right to file a personal injury lawsuit against the negligent driver to recover damages for their injuries and losses.

In Florida, drivers are required to come to a complete stop and yield to pedestrians at crosswalks and intersections, remaining stopped until the pedestrian has finished crossing. If a pedestrian is struck in a marked or unmarked crosswalk, the law views this as a failure on the driver's part to exercise "due care" for the pedestrian's safety.

Both pedestrians and drivers have a "duty of care," which defines their responsibilities. Pedestrians must use designated crosswalks and follow traffic signals, only crossing when it is safe to do so. However, if a pedestrian runs into the road without allowing drivers enough time to avoid them or is intoxicated while walking, they may share some responsibility for the accident. Under Florida law, a pedestrian can still seek compensation as long as they are less than 51% at fault for the accident.

Florida operates under a modified comparative negligence system, meaning liability is shared based on each party’s percentage of fault. All drivers in Florida are required to have Personal Injury Protection (PIP) insurance, which covers medical expenses regardless of fault. Whether you were the driver or the pedestrian, your PIP coverage would be the first source of payment for medical bills, even if your vehicle wasn’t involved in the collision.

Unfortunately, pedestrian accidents often result in severe injuries, and PIP coverage may not fully cover all medical expenses. Additionally, a car insurance policy might not provide adequate compensation for pedestrian injuries, and insurance companies may try to dispute your claim or downplay the extent of the accident. This is why it’s important to consult with an attorney as soon as possible after the accident. The pedestrian accident attorneys at Brandon J. Broderick, Attorney at Law, are dedicated to fighting for the full compensation you deserve, ensuring that all your damages are covered.

Assessing the Value of Your Florida Pedestrian Accident Case

Assessing the value of your Florida pedestrian accident case involves evaluating various factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your quality of life. In addition to immediate costs like hospital bills and rehabilitation, long-term needs such as ongoing medical treatments, therapy, and potential future lost income must also be considered. Intangible losses, such as pain, suffering, and emotional distress, play a significant role in determining compensation as well.

If you're struck by a car while walking, your first step is to seek compensation through your own insurance (PIP), followed by the at-fault driver’s insurance. If hazardous road conditions or traffic issues contributed to the accident, you might also be entitled to compensation from a third party, such as the municipality responsible for maintaining the area. Similarly, if a dangerous condition in a parking lot caused the accident, you could file a claim with the property owner’s insurance.

Potential Compensation:

You may be entitled to various forms of compensation, including:

  • Medical treatment and hospitalization expenses
  • Rehabilitation costs
  • Ambulance services
  • Prescription medications
  • Transportation for medical appointments
  • Lost income
  • Pain and suffering
  • Punitive damages (in certain cases)

When evaluating your case, it's essential to consider future needs. If your injuries require ongoing care or rehabilitation, your personal injury claim should account for future medical expenses as well as any lost earning potential resulting from the accident. Ensuring that your claim reflects these long-term needs will help secure the compensation you deserve.

Modified Comparative Negligence Law in Florida

Florida's modified comparative negligence law allows accident victims to recover compensation even if they are partially at fault for the accident, as long as their level of fault is less than 51%. The lower your percentage of fault, the greater the compensation you may receive.

The compensation you are awarded will be adjusted according to your degree of fault. For example, if you are found 20% responsible for a pedestrian accident, a $100,000 claim would be reduced to $80,000 to reflect your share of fault. This system ensures that compensation is fairly distributed based on the circumstances of each case.

Typical Injuries Resulting from Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the significant size and weight disparity between the pedestrian and the vehicle. In many cases, the pedestrian is struck by the car’s bumper, hood, or windshield, which then causes them to be thrown onto the pavement. These collisions can lead to serious, life-altering injuries.

Some of the most common injuries sustained in Florida pedestrian accidents include:

1. Head Injuries

2. Spinal Injuries

  • Herniated discs
  • Paralysis
  • Spinal fractures

3. Fractures and Broken Bones

  • Arm fractures (humerus, radius, and ulna)
  • Leg fractures (femur, tibia, and fibula)
  • Pelvic fractures

4. Soft Tissue Injuries

  • Bruises and contusions
  • Sprains and strains
  • Torn ligaments and tendons

5. Internal Injuries

6. Lacerations and Abrasions

  • Deep cuts requiring stitches
  • Road rash from contact with pavement

7. Facial Injuries

  • Dental injuries
  • Eye injuries
  • Fractured jaw or cheekbones

8. Psychological Injuries

  • Anxiety and depression
  • Post-traumatic stress disorder (PTSD)

The severity of these injuries can range widely, often requiring extensive medical care and rehabilitation. In more tragic cases, accidents can result in fatalities, leading to the need for a wrongful death lawsuit.

Can I File a Wrongful Death Claim After a Fatal Pedestrian Accident in Florida?

Yes, it is possible to pursue a wrongful death claim in Florida following a fatal pedestrian accident. A wrongful death claim in Florida can be filed if the death was caused by the negligent or wrongful act of another party.

Who Can File a Wrongful Death Claim?

In Florida, a wrongful death claim must be filed by the personal representative of the deceased person's estate, typically appointed in the decedent’s will or by the court.

Grounds for a Wrongful Death Claim

Proving that the defendant's negligence, recklessness, or intentional act caused the death is essential to succeeding after filing a wrongful death claim.

Types of Damages

Damages awarded in a wrongful death claim can include:

  • Medical Expenses: Costs incurred due to the accident before the death.
  • Funeral and Burial Costs: Expenses related to laying the deceased to rest.
  • Loss of Income: Compensation for the loss of the deceased's future earnings.
  • Loss of Consortium: Compensation for the loss of companionship, care, and support.
  • Pain and Suffering: Damages for the emotional distress suffered by the deceased before death and the grief experienced by the family.

Statute of Limitations

Under Fla. Stat. § 95.11(4)(e), the statute of limitations for wrongful death litigation in Florida is two years from the date of death. It is essential to adhere to this timeframe to avoid losing the right to seek compensation.

Due to the complexities of wrongful death claims, seeking the assistance of an experienced attorney is strongly recommended. A skilled lawyer can guide you through the legal process, gather essential evidence, and advocate on behalf of the deceased's family to ensure fair compensation

Understanding the Statute of Limitations for Filing a Claim in Florida

Understanding the statute of limitations for filing a claim after a pedestrian accident in Florida is essential to protecting your legal rights. The statute of limitations refers to the legal time limit in which an injured party can file a lawsuit for compensation after an accident. In Florida, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident.

Special Timelines for Injury Claims Against the Government in Florida

Filing a claim against the government after a pedestrian accident in Florida is a complex process with unique rules and requirements. If a pedestrian accident involves a government entity, such as a city, county, or state government agency, the injured party may have the right to file a claim for compensation. This could happen, for instance, if a poorly maintained road, defective traffic signal, or hazardous public property contributed to the accident. However, pursuing a claim against the government is different from a typical personal injury lawsuit.

Key Considerations When Filing a Claim Against the Government:

  1. Sovereign Immunity: Government entities in Florida are generally protected by a legal doctrine called "sovereign immunity," which limits their liability in personal injury cases. However, Florida has waived this immunity to some extent, allowing individuals to file claims against government entities in specific circumstances, including pedestrian accidents caused by government negligence.
  2. Notice Requirements: One of the most important aspects of filing a claim against a government entity is adhering to the notice requirements. Before filing a lawsuit, you must first provide written notice to the appropriate government agency. This notice must include details about the accident, the nature of your injuries, and the damages you are seeking. In Florida, the injured party typically has three years to submit this notice in cases of personal injury, but there are exceptions, such as shorter deadlines for certain agencies.
  3. Claims Process: Once the notice is submitted, the government entity has up to six months to investigate the claim before a lawsuit can be filed. During this period, the government will review the claim and determine whether to settle or deny it. If the government denies your claim or fails to respond within the six-month period, you can then proceed with filing a lawsuit in court.
  4. Damages Caps: Even if you successfully prove government negligence, there are limits to the amount of compensation you can recover in claims against the government. Under Florida law, the maximum amount you can receive from a state or local government entity is capped at $200,000 per individual or $300,000 total per incident. Any claim exceeding these amounts may require approval from the Florida Legislature through a claims bill, which is a rare and challenging process.
  5. Proving Government Negligence: To succeed in a claim against a government entity, you must prove that the government’s negligence directly caused your injuries. This could involve demonstrating that a government employee was negligent (e.g., a city bus driver caused the accident) or that a dangerous condition, such as a poorly maintained sidewalk, contributed to the incident. Gathering evidence, including photos of the accident scene, witness statements, and expert testimony, is essential to building a strong case.

Filing a claim against the government is far more complicated than a standard pedestrian accident claim due to the strict procedures and limitations involved. An experienced Florida pedestrian accident attorney can help you navigate this process by ensuring all deadlines are met, handling communications with the government, and building a solid case on your behalf. With the right legal guidance, you can improve your chances of receiving the compensation you deserve for your injuries, medical expenses, lost wages, and other damages.

Consequences of Missing Florida's Statute of Limitations Deadline

Failing to file your personal injury lawsuit within the statute of limitations means you forfeit your legal right to seek compensation from the responsible party. Your case will be dismissed, even if you have a strong argument that the person you want to sue is liable for your injuries or if their behavior was particularly negligent.

It is vital to act promptly when seeking compensation for injuries caused by someone else's negligence. Delaying can make it harder to locate witnesses and gather vital evidence to support your case.

The Risks of Walking in Florida's Cities

Walking in Florida's cities presents significant risks due to high traffic volumes and urban design that often prioritizes vehicles over pedestrians. Many cities like Miami, Orlando, and Tampa have wide streets with limited crosswalks, forcing pedestrians to navigate dangerous roadways. Speeding drivers and inadequate pedestrian infrastructure increase the likelihood of accidents, particularly in areas not designed with pedestrian safety in mind.

Distracted driving also poses a serious threat, as drivers who are focused on their phones or other distractions may not notice pedestrians at crosswalks or intersections. In addition, walking at night can be especially risky due to poor visibility and insufficient lighting, making it harder for drivers to see pedestrians, particularly in busy downtown areas.

Florida’s frequent rainstorms add to the risks, creating slick roads and reducing visibility for both drivers and pedestrians. In these conditions, accidents are more likely, as drivers may struggle to stop in time or see pedestrians clearly. Combined with congested tourist areas, these factors make walking in Florida’s cities particularly dangerous.

Practical Tips for Enhancing Pedestrian Safety in Florida

To enhance pedestrian safety in Florida, several proactive measures can be taken.

  1. Follow the rules of the road and obey signs and signals.
  2. Walk on sidewalks whenever they are available.
  3. If there is no sidewalk, walk facing traffic and as far from traffic as possible.
  4. Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.
  5. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
  6. Watch for cars entering or exiting driveways or backing up in parking lots.
  7. Avoid alcohol and drugs when walking; they impair your abilities and your judgment.

Do You Need a Lawyer After a Pedestrian Accident in Florida?

After a pedestrian accident, hiring a lawyer is not a legal requirement. However, hiring a lawyer often increases the chances of receiving a higher settlement in a personal injury case in Florida. Personal injury attorneys have the experience and skills to properly evaluate your case, gather evidence, negotiate with insurance companies, and advocate on your behalf. Insurance companies frequently offer lower settlements to individuals who represent themselves, hoping to resolve cases quickly and inexpensively.

A lawyer can ensure that all damages—such as medical bills, lost wages, future care, and pain and suffering—are accurately calculated and included in settlement negotiations. Studies consistently show that individuals represented by attorneys typically secure larger settlements compared to those who handle their cases alone.

Accidents can significantly impact your life, especially if you are injured. In pedestrian collisions, the risk of severe injuries is even higher. Your physical and mental health, along with your financial stability, are at stake, leading to increased anxiety. At Brandon J. Broderick Attorney at Law, we have decades of experience protecting our clients' legal rights against insurance companies and other attorneys.

Our firm prioritizes client care and strives for positive outcomes, earning us a reputation as one of the top pedestrian accident attorneys in Florida. You can rely on us to diligently work towards resolving your case. If you've been injured due to someone else's negligence, you don't have to face this alone. We stand by your side and will help you recover. Contact us for a free consultation today.

We have multiple office locations across the state of Florida. Our FL pedestrian accident attorneys are also available to visit you if needed. Call (866) 720-4459 to reach us day or night.

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