If you or a loved one have been involved in a pedestrian accident, it is important to hire an experienced lawyer who can help you recover the compensation you deserve.
Pedestrian accidents often result in serious injuries, including broken bones, head injuries, and spinal cord damage. The costs of medical treatment and lost wages can quickly add up, putting a financial strain on the entire family.
When you hire Steinberg Law, a Delray Beach pedestrian accident lawyer will work tirelessly to secure the maximum compensation for your injuries. In addition, we will handle all the paperwork and negotiations with insurance companies, so you can focus on your recovery.
Don’t try to deal with the legal system on your own. Contact us and let our Delray Beach car accident lawyers fight the case on your behalf.
Main Causes of Pedestrian Accidents
Some of the main causes of pedestrian accidents are as follows:
- Failure to yield right of way
- Speeding
- Driving under the influence
- Poor lighting
- Texting and other distracted driving
- Unmarked crosswalks
- Rolling stops
- Inexperienced drivers
- Failure to follow the traffic laws
What Should I Do After a Pedestrian Accident?
You should do the following after a pedestrian accident in Delray Beach.
Seek Medical Assistance Immediately
Call 911 right away if you have severe injuries. Even if you do not think you are injured, you should seek medical assistance as soon as possible after a pedestrian accident.
The symptoms of some injuries may not appear until hours or even days after the accident. By seeing a doctor right away, you will ensure that any injuries are discovered and treated as soon as possible. Get a copy of the medical report detailing the nature and extent of your injuries.
Call the Police
Calling the police right away is essential. They will be able to get a statement from the driver and witnesses, which can be helpful in case there is a legal dispute later on. In addition, the police report can be used as evidence if the case goes to court.
Exchange Info and Take Pictures
While you are waiting for the police, exchange insurance information with the driver and try to get witnesses’ contact information if possible.
After a pedestrian accident, try to collect as much evidence as you can. This will help to ensure that you receive the full compensation that you are entitled to. Pictures can provide important evidence.
Be sure to take photos of all visible injuries, including bruises, cuts, and scrapes. Take photos of the vehicle that hit you, the area where the accident took place, and details like skid marks, etc.
Do Not Discuss Fault
Do not discuss fault on the scene or with the motorist’s insurance company. Not only can this be emotionally charged, but it can also complicate matters if you later decide to seek legal action.
Insurance companies and the defendant’s lawyer could use what you say to argue that you were at fault. It is wise to wait until you have had a chance to speak with an attorney, who can help you with the next steps.
Contact Your Insurance Company
The next step is to contact your insurance company and let them know about the accident. Be sure to give them all the necessary details, including the date, time, and location of the accident, as well as the names and contact information of any witnesses.
Once you’ve reported the accident, your insurance company will begin the process of investigating the claim and determining whether or not you’re eligible for coverage.
Call a Delray Beach Pedestrian Accident Attorney
Pedestrian accidents can be extremely serious, often resulting in catastrophic injuries or even death. An experienced lawyer will be able to assess the facts of your case and advise you on the best course of action.
Steinberg Law attorneys can help you to navigate the complex legal process and ensure that you receive the full compensation that you are entitled to.
How Do You Determine Liability or Fault in a Pedestrian Accident in Florida?
Determining the liability or fault in a pedestrian accident in Florida can be tricky if you do not know the laws.
Here are the elements that your Delray Beach pedestrian accident lawyer needs to prove.
Duty of Care
When you file a personal injury claim after being hit by a car, one of the first things your attorney will want to know is whether the driver had a “duty of care” to avoid hitting you. Basically, this means that the driver had a responsibility to take reasonable steps to avoid causing an accident.
Drivers have a duty of care to all other people on the road, including pedestrians. They have a responsibility to follow traffic law and to exercise reasonable caution.
Breach of Duty
Breach of duty is a legal term that describes a situation where one party doesn’t uphold his/her legal responsibility for others’ wellbeing.
In the context of pedestrian accidents, breach of duty generally refers to a driver’s failure to exercise reasonable care while operating a vehicle. This can include speeding, driving while intoxicated, or failing to yield the right of way to pedestrians.
Pedestrian accident victims who can prove that the driver breached their duty of care may be eligible for compensation for their injuries.
Causation
Causation is an important legal concept in any personal injury case. Put simply, causation is the link between the defendant’s actions and the plaintiff’s injuries.
In order to recover damages, the plaintiff must be able to show that the defendant’s negligence was a direct cause of his or her injuries. In most cases, the driver of the car will be responsible for the injuries caused by the pedestrian accident.
But if a driver hits a pedestrian because the car’s brakes were defective, the victim would probably file a product liability lawsuit against the manufacturer rather than suing the driver.
Damages
Your attorney must prove that you suffered injuries and losses because of the accident. When a pedestrian is hit by a car, the resulting injuries can be severe. Spinal cord injuries, traumatic brain injuries, and even death can occur.
Damages can include medical expenses, lost wages, pain and suffering, and more.
How Can a Delray Beach Pedestrian Accident Attorney Help Me?
Wondering how pedestrian accident lawyers can help in the aftermath of the incident? Here’s how we can assist you.
Case Preparation
One of the most important jobs of a pedestrian accident lawyer is to gather evidence and build a strong case. This involves working with clients and witnesses to gather evidence, reviewing police reports and medical records, and interviewing experts.
The lawyer will also spend time researching the law, preparing legal arguments, and handling the paperwork in your case.
Settlement Negotiations
Your lawyer will negotiate with the insurance companies to get the best possible settlement. This can be a difficult task, as insurance companies are often reluctant to pay out large settlements. However, with our experienced and aggressive negotiation, you can get a fair settlement.
Trial Preparation and Representation
Most pedestrian accident cases are resolved with a settlement agreement. However, we are prepared to take your case to court if the insurance company refuses to make a fair offer.
Trial preparation and representation may include many things, such as interviewing witnesses. Your lawyer will also gather any police reports and medical records related to the case. They may visit the accident site to get a better understanding of what happened.
All of this information will be used to build a strong legal case.
Is There a Time Limit to File a Pedestrian Injury Case in Florida?
According to Florida Statutes section 95.11, anyone who is involved in a pedestrian accident has four years to file a personal injury lawsuit from the date of the accident.
This statute of limitations applies to all personal injury claims arising from vehicular accidents, including those involving pedestrians.
If a loved one is killed in a pedestrian accident, the family must file a wrongful death lawsuit within two years.
How Much Does Hiring a Pedestrian Accident Lawyer Cost?
Our pedestrian accident lawyers at Steinberg Law don’t charge any upfront fees. It is only after we win the case on your behalf that we charge a contingency fee. The contingency fee will typically be a percentage of the total amount recovered.
Call Steinberg Law for a Free Consultation Today!
The team at Steinberg Law has extensive experience handling pedestrian accident cases, and we have a proven track record of success. We understand the devastation that a pedestrian accident can cause.
You may be facing mounting medical bills, lost wages, and a long road to recovery.
Our experienced pedestrian accident lawyers in Delray Beach, Florida will fight for the compensation you deserve. They will investigate the accident to determine who is at fault and hold them accountable.
We have numerous success stories in these types of cases, and we work tirelessly to get you the best possible outcome.
Call us today at 877-783-4611 to schedule a free consultation.
