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Bradenton’s beautiful weather lends itself to walking and jogging. However, pedestrians have cause for concern as Florida has the third-highest pedestrian traffic fatality rates in the nation. According to the Florida Department of Transportation (FDOT), District 1, which contains Manatee County, accounted for 15 percent of accidents involving pedestrians and bicyclists across the state. If you’ve been seriously injured in an accident, Kogan & DiSalvo can help.
Our veteran attorneys are well-versed in Florida’s negligence laws and have a proven track record of outstanding settlements and verdicts in pedestrian accident cases. It is our goal to help clients get their lives back on track with minimal disruption or inconvenience. When you need a full-service law firm that takes cases on a contingency basis, you can depend on the team of Kogan & DiSalvo. Contact a personal injury attorney in Bradenton today.
As part of the Florida Strategic Highway Safety Plan, FDOT conducted an extensive Root Cause Analysis to determine when, how, and why pedestrian accidents occurred over five years. This data helped raise awareness about risk factors for these crashes and offered guidance for improving pedestrians’ safety moving forward.
Researchers found that pedestrians were struck most often while crossing in the middle of roadways. Accidents at intersections were the second most common type of crash, followed by collisions occurring while motorists were turning. Negligent driving practices include the following:
Distracted driving is any activity that diverts a motorist’s attention from safely operating their vehicles. Although texting and driving are widespread problems, distractions come in many forms, e.g., talking to a passenger, scrolling through a phone, eating a meal, or grooming.
In Florida, a vehicle approaching a pedestrian legally crossing the street at a designated area must yield or stop and allow them to cross. Downtown Bradenton and the coastal regions see high foot traffic, increasing the risk of accidents and injuries when motorists do not yield to pedestrians.
The FDOT study determined that most pedestrian accidents happen between 3:00 pm and 12:00 am, with nearly three-quarters of fatal crashes occurring between 6:00 pm and 6:00 am. This data suggests that night is the most dangerous time for pedestrians. Municipalities are responsible for ensuring intersections are well-lit and appropriate signage is installed at pedestrian crossings.
Drivers should use headlights and inspect them often to ensure they are working and undamaged to illuminate the road ahead and make their vehicles more visible to other drivers and pedestrians. Pedestrians should wear bright clothing and cross in well-lit, designated crossing zones.
In Florida, comparative negligence is now modified comparative negligence, barring claims in which the plaintiff is determined (by a jury or judge) to be more than 49 percent at fault for the accident (i.e., 50%+). If the plaintiff is found 49 percent or less at fault, their recovery is reduced proportionally to their fault. For example, a pedestrian found 25 percent at fault can still recover, but their award will be reduced by 25 percent in proportion to their fault.
For example, the plaintiff in a pedestrian accident is found to be 10 percent at fault because they were talking on the phone at the time of the crash. If their award is $100,000, it would be reduced to $90,000.
Florida is a no-fault insurance state. It means that if you’ve been hurt in a pedestrian accident, your Personal Injury Protection (PIP) should cover your losses up to the limits of your policy, such as your medical bills and a percentage of your lost wages.
However, if your injuries are very serious, such as loss of a bodily function, permanent injury, or permanent scarring, you can recover compensation outside of the no-fault system. If your injuries meet this threshold under Florida law, you can pursue a personal injury claim against the driver who caused the accident.
Generally, a pedestrian struck by a motor vehicle has two years from the accident date to file a claim. While there are exceptions, it’s best to confer with your lawyer as soon as possible to ensure all applicable deadlines are met.
Your lawyer will build a compelling case against the at-fault driver to show their reckless or negligent act directly caused the accident. At Kogan & DiSalvo, we thoroughly investigate the evidence surrounding the collision, from police and medical reports and photographs of the accident scene to eyewitness accounts and CCTV or dashcam footage. We may also subpoena cellphone records if a distracted driver is the culprit. In addition, we may call upon experts such as accident reconstructionists.
Moreover, in settlement negotiations, insurance companies are known to make lowball settlement offers. We will not fall for these tactics and will aggressively negotiate on your behalf to reach a fair and reasonable settlement that covers all your losses and damages.
In a pedestrian accident, beyond the physical pain and emotional distress, the victim may suffer injuries that are permanently disabling, affecting their ability to earn a living, enjoy their favorite activities, drive, shop, or care for their children. Further, catastrophic injuries often require extensive medical treatment and a lengthy recovery process.
If your case is successful, you may be eligible for the following economic damages:
In addition, you may be eligible for non-economic damages, which is compensation for pain and suffering, emotional trauma, scarring and disfigurement, loss of enjoyment of life, and other intangible losses. While a damages award cannot erase the physical and emotional trauma of being hit by a vehicle, it can help alleviate the financial burden resulting from a crash.
As Florida’s premier personal injury law firm, we often see people at the most vulnerable and difficult times of their lives. We’ve witnessed firsthand the physical, financial, and emotional devastation that can accompany a serious injury caused by someone else’s negligence. We take the time to understand the unique details of your case and build a legal strategy that addresses your immediate and future needs.
Schedule a free consultation today to discuss your pedestrian accident. Since we work on a contingency basis, there are no upfront legal fees.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.
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