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The number of pedestrians struck by automobiles are increasing in Florida and throughout the United States.Pedestrians are often struck by vehicles because:
The results are that someone walking or jogging is seriously injured, sometimes resulting in death. When this unfortunate tragedy occurs, call the Law Office of Roger P. Foley, located in West Palm Beach at (561) 746-7076. You will always speak to an attorney.
You must file a Florida personal injury claim within four (4) years of the pedestrian accident to preserve your rights, while you must file a wrongful death claim within two (2) years.
To initiate a negligence claim against a driver, the injured party must prove that the accident was the fault of the driver. Without establishing negligence on behalf of the driver, the pedestrian will be unable to receive financial compensation for their injuries. In Florida, the claimant must establish liability, unlike the country of Nepal where “The rule of the thumb {in Nepal} is that if a pedestrian is hit, it is always the fault of the motorized vehicle” - Source: Nepali Times (2011).
Immediate relatives can file a claim if their family member is killed due to a pedestrian accident. This is called a wrongful death action. The family may be able to receive compensation for medical and funeral costs, pain and suffering prior to death, and loss of consortium. Do not hesitate, call an attorney now.
In a civil lawsuit, a plaintiff must prove negligence by a preponderance of the evidence, that means by a little more than fifty percent (50.01). A plaintiff must prove that:
You can be financially compensated when you prove negligence, see above. At that point you can collect from the driver’s Personal Injury Protection policy (PIP) which covers up to ten thousand dollars. Thereafter, any bodily injury coverage will apply and you may receive additional money to pay for the remainder of your medical bills, lost wages, and pain and suffering.
Personal injury protection (PIP), is no fault insurance that covers medical bills due to a car accident. It helps drivers, passengers, and pedestrians in an accident. As stated above PIP handles up to $10,000 in medical expenses.
After being crashed into by a motor vehicle, it's important that you seek medical attention immediately. Many people hesitate going to the hospital because they are afraid of how the bills will be paid. Many of us live paycheck to paycheck and don’t have the necessary funds to be fully checked out. Do not worry. Everyone in Florida is required to have PIP in the amount of $10,000. If that is all the coverage that the negligent driver has then you look at your Uninsured Motorist coverage. If you have uninsured motorist coverage then your insurance will step into the shoes of the negligent party and pay. If you do not, have UM coverage then your health insurance kicks in. If you do not have health insurance then you can request that the hospitals waive their fees. This is referred to as indigent care and hospitals often write off millions of dollars per year for indigent persons. Contact an attorney immediately if you are the victim of a pedestrian accident.
There is no law that says you need to hire an attorney, however statistics overwhelmingly prove that using an attorney increases the amount of compensation received by a victim. A personal injury attorney cannot reverse your injuries, but they can use their training and experience to maximize the amount you receive. An Insurance Research Council study revealed that a “personal injury victim that was represented by an attorney won 3.5 times more in settlement compensation than a victim that had no representation.” Insurance companies are known to deny liability or give low ball settlement offers to unrepresented victims.Remember they are in the business of making money. The less they give you the more they make.
Assuming liability on behalf of the driver or another party, you will seek damages for:
As long as you can demonstrate liability on behalf of the other party, usually, the driver, then you have a right to make a claim. Florida law uses comparative negligence. See Florida Statute 768.81. Even if the accident was partially your fault you have the right to seek compensation for your injuries. For example, a jogger pedestrian is found to be 35% at fault in the accident for not using the crosswalk. Their percentage of fault will be deducted from the full value of their case. That means if their injuries were worth $100,000 then they would receive $65,000. That is the full value of the injury ($100,000) minus the comparative negligence of $35,000 resulting in a total amount to be collected of $65,000.
Personal Injury cases, such as car and pedestrian accidents, are based on a contingency fee. You pay nothing out of pocket. When we collect the money we receive a portion of the settlement or verdict. Contingent Fees are governed by the Florida bar and are the same for all attorneys. Our number one goal is to acquire as much money as possible for your injuries.
Pedestrian accident settlement time depends on three major factors: Amount of the insurance coverage policy, extent of injury, and what percentage of fault is assigned to each person. If the driver is 100% at fault and the injury is severe, insurance will likely pay quickly. If limits are very high, and the injury is minor, but the injured person needs an extended period of physical therapy, treatment will continue until the patient reaches maximum medical benefit. In such cases, insurance companies will take longer to pay.
It is a fancy way of saying that the victim, the injured party, must be messed up for life to recover for non-economic damages. Specifically, Florida statute 627.737(2) states to recover damages in tort for pain, suffering, mental anguish, and inconvenience you need the following:
(a) Significant and permanent loss of an important bodily function
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
(c) Significant and permanent scarring or disfigurement
(d) Death
Florida’s Tort Threshold only applies to non-tangible damages like pain and suffering and does not apply to economic damages or actual damages, such as medical bills and out of pocket expenses.
Insurance companies often claim that the injured party, the plaintiff, does not have a permanent injury.It's ridiculous, especially in pedestrian accidents because a 2500 pound vehicle is making contact with a 180 pound person. The response is that the injury is permanent within a reasonable degree of medical certainty.
See Palm Beach MPO Pedestrian and Bicycle Safety Study
In each example we will assume the driver of the truck or automobile was negligent as all motorists are expected to adhere to the traffic laws.
Example 1: A silver BMW is traveling on Palm Beach Gardens Blvd. The posted speed limit is 45 mph, however the driver of the vehicle accelerates to 65 mph and changes lanes to avoid stopping at the traffic light. In doing so, he fails to stop and strikes a pedestrian in the crosswalk. The pedestrian has catastrophic injuries; 13 broken bones, traumatic brain injury and a ruptured spleen.
Example 2: A husband and wife arrive at Publix, in Jupiter,and park their car. They exit their vehicle and grab a shopping cart from the corral. While walking through the parking lot a car suddenly reverses hitting the wife. She falls to the ground breaking her ankle and hip. Paramedics soon arrive and carry the injured woman to the hospital.
Whenever driving, motorists should always assume that pedestrians are nearby. Even a slow moving automobile striking a pedestrian can lead to major injuries.
If Pedestrians are intoxicated and deemed more than fifty percent (50%) at fault then the case will not be successful. See Florida Statute 768.36
If you are a pedestrian and are hit by a car that has no insurance or the insurance is not sufficient to pay the value of your damages you may seek payment from your own insurance company. A pedestrian victim can seek payment from their own insurance company if they have uninsured motorist coverage. Contact a West Palm Beach Pedestrian Accident Attorney now.
A pedestrian crash can occur at any moment.When it does, it's often a catastrophic accident.Although all Florida motorists are required by law to purchase at least $10,000 in insurance to cover car crash injuries, that amount is often not enough. A personal injury lawyer will look for bodily injury coverage of the negligent driver or uninsured motorist coverage of the victim to help them get the maximum financial compensation.
Automobile makers have made great strides by introducing driver assisted packages, such as rear view cameras, proximity sensors, turn signal cameras, automatic braking systems and adaptive driving beam headlights. Unfortunately, not all vehicles are equipped with these technologies. Headlights, for example, have been slow to be updated based on antiquated laws that state that high beams and low beams could not be used simultaneously. In addition, many car owners fail to maintain their standard headlights because it's not a mechanical failure that affects drive ability. Many cars and trucks can be seen with yellowing or cloudy headlights, something AAA states reduce candlelight by as much as 80 percent. Accordingly, night driving visibility is greatly reduced, increasing the chances of accidents, especially those involving pedestrians.
The insured or their insurance company may claim that the pedestrian was at fault. For example, the injured party ran out in front of them and did not use the crosswalk. The driver may claim that it was not their fault because they did not see them. If our client is comparatively negligent, we will fight to reduce the percentage and acquire the maximum amount of compensation.
Contact Our West Palm Beach Pedestrian Accident LawyersThe Law Office of Roger P. Foley is here to help you in your time of need. Our pedestrian accident attorneys can assist you in filing your accident claim.
Take advantage of our legal experience and allow us to go after the parties responsible for your injuries. We understand the stress caused by your accident and are here for you. We understand that there are many choices to choose from and we appreciate you selecting our firm. Our attorneys will do everything possible to assist you in getting paid for your injuries. You deserve to be compensated and our goal is maximum compensation.
The Law Office of Roger P. Foley has received numerous awards for their legal knowledge. The awards include: Elite Lawyer For Personal Injury 2022, National Trial Lawyers Top 100, AVVO 10+ Rating, Florida’s Legal Elite, Better Business Review A+ Rating, Super Lawyers, Florida’s Legal Elite and America's TOP 100 Personal Injury Attorneys. We are here to help you. You will always speak with Attorney Roger P. Foley as he personally oversees each case to ensure that your case receives the personal attention it deserves.
Attorney Roger P. Foley, “Call Me South Florida!” at (561) 746-7076