Pedestrian Accident
While cars are king in South Florida, there isn’t any shortage of pedestrians. From the busy streets of Las Olas to local neighborhoods around Broward County, you can find sidewalks populated with pedestrians scurrying from one place to the next. With so many pedestrians, however, the chances of a pedestrian accident occurring increases, often resulting in life-threatening injuries. If you or someone you know sustained an injury in a pedestrian accident, be sure to acquire knowledgeable legal representation.
The Fort Lauderdale pedestrian accident lawyers at Salpeter Gitkin, LLP have helped numerous people just like you recover the compensation they’re owed. We understand the stress of being involved in an accident, and we’re here to help lift that burden and guide you to the funds needed to cover all accident-related damages. Reach out to us today to discuss your legal options for financial recovery.
How Is Fault Determined in Pedestrian Accidents?
Pedestrian accidents occur more frequently than many know. The National Highway Traffic Safety Administration (NHTSA) reported that 5,977 people were killed in pedestrian accidents in 2017 and many more sustained injuries. While many would like to believe that the driver is always at fault for pedestrian accidents, it’s not true. Pedestrians who j-walk, drunkenly stumble into the road or race across the street to beat traffic can be found at-fault in a pedestrian accident.
Although Florida is a no-fault state, there are instances when accident victims can pursue compensation from the at-fault party. Rather than assigning full fault to one party or the other, Florida follows the comparative fault system where individuals are compensated based on their fault percentage. For example, if you were j-walking at the moment you were struck by a speeding vehicle, you may be assigned 30% fault which will allow you only to collect the remaining 70% of the awarded amount.
How Can I Recover Damages as an Injured Pedestrian?
All Florida drivers are required to have personal injury protection (PIP) worth at least $10,000. PIP will cover 60% of lost wages and 80% of medical bills. If you wish to recover any more compensation, you’ll need to file a claim against the at-fault party. This is only a viable option, however, if your medical expenses add up to more than your policy covers.
By successfully filing a claim against the driver, you’ll be able to recover compensation from his or her insurance policy. If the driver’s insurance is insufficient, you can file a civil suit to pursue damages. Some common damages you can seek compensation for in civil court include:
- Pain and suffering
- Past, present, and future medical expenses
- Funeral and burial costs
- Loss of companionship
- Lost wages
- Loss of earning ability
Do I Need a Lawyer for a Pedestrian Accident?
Getting a favorable judgment in civil court is no simple feat. You’ll require the services of a seasoned personal injury attorney with experience recovering compensation for accident victims. The Fort Lauderdale pedestrian accident lawyers at Salpeter Gitkin, LLP are knowledgeable attorneys who dedicate their practice to helping accident victims recover the funds they’re entitled to by law.
Getting struck by a motor vehicle is a traumatic experience. The last thing you should have to worry about is how you’re going to afford medical expenses. Allow our team of attorneys to go to work for you. Contact us today at (954) 467-8622 for a free case evaluation.
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