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Pedestrian accidents are some of the most devastating kinds of car crashes because of the lack of a barrier between the vehicle and person. The U.S. Centers for Disease Control and Prevention estimates that there is one crash-related pedestrian death every two hours in America. Those who suffer pedestrian accidents need emergency medical treatment to address their injuries.
Like car accident cases, when a pedestrian is injured in a car crash, they can seek compensation from the negligent driver of an automobile, bicycle, bus, truck, or another vehicle. A Boca Raton pedestrian accident lawyer helps injured pedestrians recover compensation for injuries suffered and property damage sustained because of someone else’s negligence. Contact an experienced injury attorney today to begin your case for compensation.
Impaired driving due to alcohol consumption is the leading cause of death for pedestrians in collisions with vehicles. Almost half of all alcohol-related car crashes with pedestrians in Florida resulted in the death of the pedestrian. Excessive speeding is the second most common cause of pedestrian death following a collision between a vehicle and a pedestrian.
For the first time in two decades, pedestrian deaths are increasing at a higher rate than motorist deaths following car accidents, according to the Governors Highway Safety Association. Last year close to 6,000 people died in pedestrian accidents. There are several common causes of pedestrian and motor vehicle accidents. Some of the reasons for this uptick include increased driving by motorists because of lower fuel prices and more walking or running for exercise purposes. Another overlooked factor is distracted walking – people walking and using mobile devices.
Sometimes pedestrians contribute to their injuries sustained in a crash with a vehicle because of their own behavior. It is possible for both parties to a pedestrian accident to share the fault. There are factors that lead to drivers causing the collision, while there are also situations where a pedestrian shares in the blame.
When pedestrian accidents happen, the driver of the vehicle involved in the collision is often to blame. Motorists have a duty to watch for pedestrians, but they do not always exercise caution. Some of the ways a driver could be at fault for a pedestrian accident include:
While many pedestrian accidents occur as the result of driver error, it is possible for pedestrians to share in the fault as well. Some of the ways a pedestrian could be liable for an accident include:
Florida is a pure comparative fault state. That means that any award of damages is reduced by the percentage of fault attributed to the pedestrian.
Not all pedestrian injuries result in death. Nonetheless, serious injuries are possible. Common injuries following a collision with a vehicle that Boca Raton pedestrian accident lawyers see include:
While driver negligence is frequently the cause of pedestrian accidents, there are important steps that a pedestrian can take to avoid a collision. Often, the law requires pedestrians to take careful steps to avoid an accident with a motor vehicle. Pedestrians have the following duties:
Motorists must also take steps to ensure that pedestrians are not at risk of an injury. These steps are required under the law, and the failure to adhere to them could have serious consequences if an accident occurs. These responsibilities include yielding when:
There are generally two ways to successfully pursue a pedestrian accident case and recover the monetary damages you deserve. Some pedestrian accident injury claims are resolved through a negotiated settlement. Others only conclude by filing a lawsuit and taking the case to trial.
Settlements occur frequently in pedestrian accident cases. Often, there is little doubt who was at fault. In those cases, negotiations with the other side often focus on what fair compensation might be. Even though negotiated settlements are common, that does not mean the first offer you get from the at-fault party is worth taking. More often than not, attorneys and insurance companies will make unreasonably low offers in the hope that you will accept. This is especially common for injury victims who have not yet hired an attorney.
An attorney can use their experience dealing with insurance companies to help you get the most out of your settlement offer. By rejecting unreasonable offers and aggressively pushing for the true value of your case, your attorney could help you secure the outcome you deserve.
Although settlements are common in pedestrian accidents, there is no guarantee the other side will make a reasonable offer. In some cases, the driver responsible for your accident will refuse to accept fault. In other cases, the insurance company might fail to make a reasonable attempt to settle. When this happens, your attorney can take your case to trial.
Trials are uncommon in pedestrian accident cases, but your attorney could ensure you develop a winning strategy if your case moves forward. By treating every case as if it were certain to result in a trial, your attorney could also improve your chances of a favorable settlement. Insurance companies that see the plaintiff is prepared to litigate often settle instead of going to the trouble and uncertainty of having a jury render a verdict.
If you were injured in a pedestrian accident, your window of time to pursue compensation is not unlimited. You must comply with something known as the statute of limitations in order to successfully pursue compensation for your injuries. The statute of limitations is the legal deadline that applies to any civil lawsuit, including cases regarding a pedestrian accident.
In Boca Raton, the statute of limitations for a pedestrian accident generally expires after two years. This two-year window begins to count down on the day of the collision. If you fail to file your lawsuit before the statutory period runs out, you could miss out on your chance for damages forever. The court will likely dismiss your case with prejudice, meaning that you will not have the ability to re-file the case ever again in the future.
There are limited exceptions that apply to the statute of limitations, including when the injured party is under the age of 18. However, it is risky to assume these exceptions might apply to your case. Our firm could evaluate your case and advise you on the amount of time you have to move forward with your lawsuit.
The ultimate goal of any pedestrian accident lawsuit is financial compensation. Your compensation could cover your physical, emotional, or financial injuries caused by the collision. It is important that you rely on experienced legal counsel when pursuing your case. Your attorney could help you understand the potential value of your settlement and assist you with pursuing the amount you deserve.
The settlement value of every pedestrian accident case is different. The amount you are entitled to recover will depend in part on how severe your injuries are and what other damages you received. Some of the types of damages that could be available include:
One of the challenging aspects of a pedestrian accident is determining what your case might be worth. Instead of guessing, an attorney could carefully evaluate the facts and advise you on a potential recovery. Reach out to learn more today.
Contact a Boca Raton personal injury attorney if you have been injured in a pedestrian accident or a loved one has died because of a pedestrian accident. In addition to filing a personal injury claim, a wrongful death claim may also apply. Seek prompt medical care and treatment for accident injuries as soon as possible.
Remember to get the name and contact information of any witnesses and the driver and passengers of the vehicle, including insurance information. Contact the police and file an accident report. Lastly, call pedestrian accident lawyers in Boca Raton today to schedule a free initial case consultation to review your case.
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Average rating: 4.9
Janhoi Phillips
Samantha Roza
Jay is a wonderful Attorney. Always answered my questions and went above and beyond. I would always recommend Kogan and DiSalvo to anyone in the future
Maureen Weir
My experience overall was great 👍 have a problem call Kogan & Disalvo period
Rodney Moore
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
P Fontenay
I am so so grateful for the team at this office. They made things go smoothly and saved me a lot of headache dealing with the insurance and bills that came with my injury. I was really surprised with the amount of money I received. I highly recommend Kogan and DiSalvo to anyone who needs a PI lawyer. Thank you very much for helping me
Major Disrespectful
The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!
kisha thompson
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Jennifer Bernier
If you trust Kogan and DiSalvo Personal Injury Lawyers for your case, you can be very confident in knowing they got your back! Their professionalism and commitment to your case is second to none!
Deborah Quevedo
Very polite and professional.
Jenny Schmied-Zyontz
Amanda and the rest of the team at Kogan and Disalvo are incredibly compassionate and they’re able to listen to what you truly need and are able to get results I couldn’t ask for a better Law Firm to represent me and my personal matter and recommend anybody else who needs someone for personal injury attorneys to definitely give them a call they are incredibly client focused and very driven to get results I couldn’t ask for a better experience
Dorothy Coxson
Wonderful people!! For sure will recommend to all my friends and family. Thank you!
Shamyra Bailey
Honest, dedicated, and go above and beyond for their clients.
Christina Lowe
It is such a relief to have injury lawyers like these here in West Palm Beach.I always know who I can rely on if I am ever injured.
Kevin Smith
Amazing attorney very responsive and friendly
Luis Vidal
I would highly recommend Kogan & DiSalvo they were absolutely terrific from my first contact all the way to my settlement check their staff were there all the way. Luis V.
Antonetta Capofarri
The best decision I made was contacting kogan and the DiSalvo after my car accident I was blessed to have Todd Baker work on my case as for he was not only a lawyer representing me in tough times but he was extremely caring about me my personal life my children my health and not only did he go above and beyond by doing a video mediation while I was at the hospital but also actually drove to my home so that I was available on an important phone call when he couldnt reach me. I also had the pleasure working with Debora Tejada she was amazing updating me every step of the way.
There work together won me the maximum amount for my case. I was blessed to have met these people and have them work on my case. Thank you Todd Baker and Debora Tejada for everything.
Rock Nroll
Hello everyone that may be interested or thinking about getting representation by a lawyer. This group of lawyers and staff will go out of their way to make sure you have a stress free experience from the first day to the last.
Accidents can be stressful and your in pain and you don’t know what to do or even how to go about doing it . They will one focus first and foremost on getting you medical help to get you out of the pain your in . They will check in with doctors and call you personally to see how you are and how your feeling. They are good people here . This company really do give you this family old school feel. I certainly appreciate all the help and keeping me stress free and anxiety free during this whole process.
Just a note every single person from lawyers to office staff are fantastic.
Thank you to everyone shout out to you Jay for your help from start to finish .
Malik Hylton
Outstanding Legal Representation – Highly Recommend Kogan & DiSalvo!
I cannot say enough great things about Kogan & DiSalvo Personal Injury Lawyers! From the very beginning, their team was professional, compassionate, and incredibly knowledgeable. They guided me through every step of my case, always keeping me informed and making me feel confident that I was in the best hands.
Their attention to detail and dedication to their clients are truly unmatched. They fought tirelessly to ensure I received the compensation I deserved, and the outcome exceeded my expectations. What sets them apart is their genuine care for their clients—they treat you like family, not just another case.
If you’re looking for a personal injury law firm that is skilled, trustworthy, and committed to getting results, I highly recommend Kogan & DiSalvo. They are simply the best!
A. Christine
I had the pleasure of being able to follow my attorney Paul S., over from his prior firm. Which was the Best decision made considering Paul was very hands on and empathetic to the complications this whole ordeal has accident has caused. Completely changed my quality of life/families lives too!!
Paul always made me up to date, informed when available, and less alone through the entire process by simply showing compassion and empathy especially in my family’s time of need by listening and being a call away!
I am forever grateful and will never use any other firm than Kogan & DiSalvo. Especially without my favorite attorney by my side!
Thanks a million FAm, especially you Paul S
A. Shipley
Tampa Florida 33510
Thomas Clark
They always take your call. They are very friendly and caring. They do their best to keep you updated throughout the entire process. Thank you
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