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Delray Beach Pedestrian Accident Lawyer 

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Pedestrians who are hit by motor vehicles commonly sustain serious and life-changing injuries. Pedestrian accident victims and the immediate families of those who die in these accidents should contact a Delray Beach pedestrian accident lawyer to begin legal action to recover damages.

A Delray Beach pedestrian accident lawyer can help you to file a claim to pursue necessary compensation while you focus on recovery. Consult with a seasoned injury lawyer for more information.

Florida Pedestrian Accident Statistics

Doctor examining a patient's injured shoulder and arm

Florida stands with Arizona and Delaware in having the highest number of pedestrian deaths during 2015, according to the Governors Highway Safety Association. State records reported 9,085 pedestrian accidents during 2015, an increase of 2.79 percent over the previous year, according to Florida Highway Safety.

Palm Beach County accounted for 604 of those accidents, which resulted in 529 injuries and 35 fatalities during 2015.

Pedestrians 65 and older and children 15 and younger account for 19 percent and 13 percent, respectively, of all pedestrian incidents, reports the Centers for Disease Control and Prevention (CDC).

Applicable Law Regarding Pedestrian Accidents

In Florida, a pedestrian is defined as someone walking along the roadway or crossing the road in a marked or unmarked crosswalk. Also included are people working on a roadway, utility workers on the job by the roadway, and emergency services personnel. They all have the right-of-way.

When pedestrians are hit by a vehicle, Florida’s comparative negligence law is invoked. This law limits the amount of damages that can be claimed by the percentage of fault a person has in causing an accident. Lawmakers wanted to hold anyone financially responsible who has some fault in causing an accident. A Delray Beach pedestrian accident lawyer can assist with this situation.

Proof of Negligence

Negligence is determined by proving its elements:

  • Duty of care: The legal obligation to act in a manner that does not cause injury or property damage to another person or entity
  • Breach: An action, or taking no action, that violates duty of care
  • Causation in fact: The action, or inaction, caused injury or other harm
  • Proximate cause: Particular foreseeable consequences resulted
  • Damages: Financial loss occurred

Potential Damages a Person May Recover

Injury parties may claim general and special damages:

  • Current and future medical care including surgeries
  • Therapeutic treatments including equipment
  • Present and future income
  • Pain and suffering
  • Mental anguish
  • Emotional trauma
  • Loss of consortium or companionship
  • Costs of canceling or altering plans
  • Punitive, to punish when negligence was egregious

In fatal accidents, other damages apply and cases become wrongful death actions.

How a Delray Beach Pedestrian Accident Attorney Can Help

Two people shaking hands in a law office

To prove all the elements of negligence, the Delray Beach pedestrian accident lawyer will aggressively pursue the evidence avenues, which are physical, documentary, and testimonial. Physical evidence comes from the accident scene investigation, as well as, photographs of the injuries. Documentary evidence is comprised of all care and associated costs. The questioning under oath of all parties involved and witnesses develops testimonial evidence.

The lawyer will try to construct a lawsuit that presents facts that allege negligence with legal citations from applicable court cases and the lawyer will try to anticipate the defense’s strategy and be prepared to counter it. Throughout the process, the Delray Beach accident lawyer will regularly provide updates about the case and advise, as needed, along the way.

Many personal injury cases are settled between the parties. Insurance companies serve their own best interests, which means the Delray Beach pedestrian lawyer will try to assertively negotiate to achieve fair damages that satisfy your needs.

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You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!

5

You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!

5

You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!

5

I wanted to take a moment to express my heartfelt gratitude to my lawyer Todd Baker, at Kogan and DiSalvo and all his support and professionalism throughout my case. His expertise and guidance were invaluable, and I truly couldn’t have navigated this process without your assistance.

I appreciate the dedication and patience you and your “team” have shone ;especially during the more stressful moments. Your ability to keep everything on track made a significant difference, and I am thankful for your commitment to achieving the best outcome.

Thank you once again for everything you have done for me.

Kimberly,
Client

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I had called Kogan and DiSalvo to ask a question regarding my cousin’s motorcycle accident. They were so kind and showed they wanted to help as much as possible. Even though I was just asking a question over the phone, they didn’t push me away or rush me through the call. They took the time to answer my questions and explained it very thoroughly. I just had to stop by and share my delightful experience with them and highly, HIGHLY recommend them! Thank you for taking the time to talk to me and answer my questions, you guys are amazing I mean it

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5

I had a car accident in September 2024 where my back and neck were severely injured. I immediately called Kogan and DiSalvo after my accident and they got to work on my behalf right away. I was able to treat with wonderful providers who were kind and compassionate. A settlement was reached for much more than anticipated. Amanda (paralegal) and Rachel (attorney) were wonderful throughout the process. They kept me updated every step of the way and were extremely response and proactive in resolving the matter. I would recommend Kogan and DiSalvo to anyone who has been injured in an accident and needs medical treatment thereafter.

5

I had the best experience with Kogan & DiSalvo representing me in my Personal Injury Case. My attorney Brian Andino and his knowledgeable staff: Ludmia, Mia, Perri, Angelique and Dominique are outstanding. They stayed in touch with me, kept me informed step by step throughout the entire process, until my case was finalized. My questions were always answered and I was treated with dignity, respect and kindness. I personally recommend this team if you want to have skilled, excellent representation from start to finish. Integrity is key with this firm. Alison Scheef

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