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Florida’s year-round warm weather and ever-present sunshine make it an ideal place for walking, whether for pleasure or shopping and other errands. Unfortunately, however, Florida ranks high among states with the largest numbers of pedestrian accidents each year, and the current rates are only increasing.
Nine of the nation’s 20 most dangerous metropolitan areas for pedestrians are in Florida, with Miami-Fort Lauderdale-West Palm Beach ranking 13th. Throughout Florida, there were 9,524 pedestrian crashes and 838 pedestrians killed in accidents in the last two months of 2021 alone, according the Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV).
If you have been in a pedestrian accident and wish to recover damages for the injuries you have suffered, you should contact an experienced Fort Lauderdale personal injury lawyer right away. Between complicated negligence laws and insurance guidelines, victims need the best professional advice available about navigating their claims. One of our pedestrian accident lawyers at Kogan & DiSalvo can discuss your case with you and help you move your claim forward.
Walking in Fort Lauderdale can be risky in many areas, including the intersections of A1A and Las Olas Boulevard, Oakland Park Boulevard and Powerline Road, Sunrise Boulevard, and Northwest 31st Street.
In addition to major boulevards and highways, other common locations where pedestrians are hit by motor vehicles include commercial parking lots, residential and business parking garages, smaller streets in residential neighborhoods, bicycle lanes, and sidewalks running parallel to roadways. Accidents can be serious because of the lack of protection a pedestrian has against a motor vehicle or bicycle that they come in contact with.
Drivers hit pedestrians because they are inattentive or distracted, speeding and not able to stop safely in time, intoxicated or under the influence of drugs, rolling through stop signs or running red lights, or because of poor visibility. Pedestrians are more likely to be hit after dark due to visibility issues. Between September and February, particularly once Daylight Savings Time ends, the risks for pedestrians increase. In fact, more than 30 percent of pedestrian fatalities occurring between 6 pm and 9 pm are due to reduced visibility, according to FLHSMV.
However, distracted driving remains one of the leading causes of motor vehicle accidents involving pedestrians. In 2021, FLHSMV recorded 56,425 crashes, 2,723 serious bodily injuries, and 333 fatalities resulting from distracted driving, including texting and other wireless devices while driving
Florida’s Wireless Communications While Driving Law (Florida Statutes, Section 316.305), which took effect in July 2019, bans texting or other cellphone use while driving. But the new law has not proved to be a deterrent, with a $30 fine for first-time offenders, which routinely rises to $100 for repeat offenders. Other causes of pedestrian accidents include a driver turning at an intersection without first looking both ways and municipal design defects in crosswalk locations that may fail to account for upstream and downstream traffic flows.
Pedestrians cause accidents, too, by failing to use a crosswalk, disobeying the green walk sign, darting into traffic, or not wearing bright clothing during the day or reflective clothing at night.
Smart Growth America’s report, Dangerous by Design 2021, shows that people die while walking at much higher rates in lower-income communities versus higher-income neighborhoods. Low-income communities are less likely to have sidewalks, marked crosswalks, street lights, and street designs that support safer, slower speeds.
Moreover, instead of blaming victims of motor vehicle crashes, state and local policymakers should acknowledge that their approach to building and operating streets contribute to deaths and other accidents. Some of the policy choices that Smart Growth America recommends include:
In sum, recent research states that road design plays a significant role in curbing the most serious consequences of distracted driving by lowering the severity of crashes. In addition, crashes resulting from distracted driving are less severe in urban areas where street design and other visual cues are more likely to encourage slower speeds and greater awareness of people walking, particularly in states such as Florida.
In Fort Lauderdale, an accident victim must file a personal injury claim for damages related to an action founded on negligence within two years, according to Chapter 25, Section 11 of the 2021 Florida Statutes. If someone has died due to a traffic accident, members of the victim’s family also must file a claim within two years of the accident. Note that there are factors which can change these deadlines.
When a car, SUV, bus or other vehicle strikes someone walking or jogging, the impact even at a slow speed, can cause catastrophic and sometimes permanent injuries. The most serious injuries that pedestrian accident attorneys in Ft. Lauderdale see include:
Spinal cord damage is one of the more severe types of injury resulting from pedestrian accidents with motor vehicles. Between 2010 and 2020, vehicular accidents were the leading cause of spinal cord injuries in the United States. They account for 2,956, or more than 38 percent of all such injuries nationwide, according to the National Spinal Cord Injury Statistical Center at the University of Alabama at Birmingham.
Spinal cord injuries can be complete or incomplete. A complete injury is one where there is no sensation below the point in the spinal cord that sustained damage–affecting both sides of the body equally. An incomplete injury consists of only a partial loss of movement or sensation below the point of injury. Victims who have suffered complete injuries may lose the use of all four limbs or just two limbs.
Severe spinal injuries are usually easy to identify, but less serious damage can be more difficult to detect. Among the symptoms of a spinal cord injury are:
One of Kogan & DiSalvo’s pedestrian accident lawyers can help you consider your legal options and advise you on how to best pursue a pedestrian injury claim to receive the maximum compensation.
The severity of pedestrian accident injuries should serve as a powerful incentive for pedestrians in the Sunshine State to take extra precautions when getting around by foot. FLHSMV’s safety tips and rules for pedestrians include:
If you are involved in an accident with a car or another vehicle, you should go to a hospital emergency room as soon as possible, even if you aren’t sure you were injured. Many injuries don’t become apparent until days or even weeks later. Avoiding an immediate medical examination threatens your health and can make it harder for you to file a personal injury lawsuit. By not seeking prompt medical attention, accident victims make it easier for the driver’s insurance company and their lawyers to claim the victim’s injuries were not serious. The insurance provider could even allege that your injuries were not caused by the impact but from another incident.
It’s also advisable to call the police after an accident and file a report. If your injuries make it difficult for you to call the police while at the accident scene, ask someone to call for you. Filing an accident report can become an essential piece of evidence that your lawyer will later use to argue your case.
If your injuries don’t appear to be serious enough to require immediate medical attention, take a few minutes to document the scene, including getting contact details from the driver, any passengers that may have been in the vehicle, and other eyewitnesses who saw what happened. Try to take pictures of the car and your injuries. Documenting the scene as best you can—will help your lawyer build your case for compensation. You should also contact your insurance company to report the accident.
After receiving initial medical treatment for your injuries, it’s also important to keep detailed records of your medical expenses related to treatment and rehabilitation therapy. In addition, it is wise also to include records of any time missed at work and wages lost as a result of your injuries.
Drivers have a duty toward pedestrians under Florida’s comparative negligence law, which assigns a percentage of blame in accident cases according to actions taken by the driver and the pedestrian that contributed to the accident, allowing both driver and pedestrian to share the fault. Negligence consists of four elements and all four must be proven in order for a victim to be awarded damages:
In Florida, drivers have a heightened duty of care with regard to pedestrians under the age of 18. Children are smaller and therefore harder for drivers to see when crossing the street. Most children also tend to have less experience crossing at intersections and may be less careful about looking both ways and taking other precautions.When a motorist knew or should have known that children were on or near a street close to a school or other places where children gather, jurors receive special instructions that the motorist has a higher duty of care.
As in many other states, Florida’s comparative negligence law allows pedestrians to recover compensation for their injuries even if they bear some responsibility for being hit. For example, a jury finds you to be 30 percent responsible for the accident because you were crossing while the “Do Not Walk” sign was flashing, and the driver was unable to brake in time because of distracted driving. You would still be able to recover compensation for your injuries. In cases of comparative negligence, your settlement may be reduced by the percentage of your fault. If you are found to be 30 percent responsible, you would receive 70 percent of the final settlement amount.
Even when you can prove that a driver violated their duty while driving, you cannot obtain compensation unless you can show, through the weight of the evidence presented, that the defendant’s actions directly caused or contributed to the accident. Other factors may make it more difficult for a pedestrian accident victim to obtain full and fair financial compensation. First, roughly 25 percent of pedestrian cases in Florida involve a hit-and-run driver–the driver who caused the crash has fled the scene and cannot be identified. Second, even when the driver remains at the scene, 20 percent don’t have insurance–despite laws requiring it.
And lastly, in a no-fault car insurance state such as Florida, a crash victim’s own insurer covers up to $10,000 in damages. Victims with serious injuries that require greater compensation must sue for damages. Pedestrians are not required to have personal injury protection (PIP) coverage, but they can use it if they or another household member has it. Pedestrian accident victims without access to PIP coverage will probably be able to get coverage through the driver’s PIP.
To recover damages, the injured person or the family of the deceased must bring a legal cause of action. A Fort Lauderdale pedestrian accident lawyer will send a letter to the responsible party demanding damages, and if unsuccessful, a lawsuit is filed in state court seeking damages, including for medical and rehabilitation therapy treatments, loss of income, pain and suffering, and other types of loss that may apply.
The skilled Fort Lauderdale pedestrian accident lawyers at Kogan & DiSalvo will reconstruct the accident as part of a thorough independent investigation that also includes interviewing the other party and witnesses under oath to discover facts that will be beneficial to the case. They will then file the necessary motions with the court.
Many civil cases are settled out of court, so Kogan & DiSalvo’s pedestrian accident lawyer will negotiate with the defendant’s insurance carrier to reach a settlement that is beneficial to our client. Legal fees are subtracted from the settlement. Should the lawyer not succeed in winning damages, the client is not billed for attorney fees. To make sure you get the full amount of what you are due for the damages caused by your injuries, don’t hesitate to enlist the expertise of our personal injury lawyers. Let the skilled attorneys at Kogan & DiSalvo fight on your behalf for the full compensation you deserve.
Total reviews: 1043 |
Average rating: 4.9
10/10 law firm definitely recommending.
After my car accident, I was not sure where to turn, but the incredible team at Kogan & DiSalvo turned what felt like a nightmare into a smooth process. Each team member went above and beyond to make me feel supported, and confident that my case was in the best hands possible.
My paralegal Sam was an absolute superstar. She handled my case with precision and care. Any time I had a question, she was just a phone call away, ready to provide clear, detailed answers and updates. Her attention to detail and commitment to helping me was very reassuring.
Angelica was the friendly face and welcoming voice that made every interaction with the firm feel personal and comforting. From the first phone call, she treated me like a priority, always greeting me warmly and ensuring I was connected to the right person promptly. Her professionalism and genuine kindness made every visit to the office a positive experience, even during stressful times.
My amazing attorney Rachel took the time to explain every step, ensuring I understood my options. Her dedication to securing the best outcome for me was evident in every decision they made. Ultimately, their hard work resulted in a settlement that exceeded my expectations, giving me the support I needed to move forward.
I’m beyond grateful for their efforts and would highly recommend this firm to anyone in need of exceptional legal representation.
I’m very glad I decided to go with Coogan and Salvo. They’re very professional and they’re ahead of the curve of other firms using apps to follow up on doctors visits and case progress which makes it easier to follow. I definitely recommend
Coogan & Salvo you’ll be glad you did.
After 4 years and 9 months, our case has finally been settled out of court thanks to Todd Baker and his team: Debra, Lesley, and Amahnia. Before Todd Baker took over our suit, we had almost given up on our case. Todd and his team came highly recommended. After meeting with Todd, we decided to put our trust in him to pursue our case. We are thankful that we did. Without Todd Baker, we know we wouldn’t have gotten the settlement we did. We would highly recommend only working with Todd Baker and his team.
Kogan & DiSavo did an excellent job in handing my personal injury case. I found their staff to be caring and knowledgeable and would definitely recommend
Outstanding Legal Services by Todd L. Baker, Esq., and Team
I had the pleasure of working with Todd L. Baker, Esq., and his exceptional team, including Debra Tejada and Leslie Hernandez, and I cannot recommend them highly enough. From the very first consultation, Todd’s professionalism, deep legal expertise, and attention to detail were evident.
Debra Tejada, Todd’s assistant, was incredibly organized and always kept me informed throughout the process. Her communication skills and efficiency made a potentially stressful situation much easier to navigate.
Leslie Hernandez also stood out with her friendly demeanor and ability to handle complex tasks seamlessly. Her support and dedication were invaluable.
Together, they make a wonderful team, going above and beyond to ensure the best possible outcome for my case. If you’re looking for a lawyer who truly cares about their clients and a team that delivers top-notch service, Todd L. Baker, Esq., and his staff are the way to go.
My husband slipped and fell in a store due to a leaky ceiling. He immediately called Kogan & DiSalvo. He spoke to someone right away and they were on his case. He went to the doctor that they provided and was diagnosed. The attention that he received from the staff and lawyers was just amazing. All of his questions were answered, and we had complete satisfaction with the way this case was handled even though it was a very small case. We appreciate everything that was done for him, and I would definitely recommend Kogan & DiSalvo for anyone that has had a slip or fall. Thank you again!
Great Professional Team!
The number one injury attorneys in Florida!!
In September of 2024 , I was in an accident and hired a well known attorney in the state to which refused to return my calls and was very disappointed which ended in their representation of myself!
I then hired Kogan and DiSalvo,, and was VERY satisfied with them!
They returned EVERY call and answered my questions and concerns… to which ended in a settlement in 4 weeks!!
I would recommend Kogan and DiSalvo to those frustrated with misleading information… they are on top of their game!!
Thank you… Paul and team.
Joseph Z.
After my accident, Gisselle and Jay helped me immensely. They took care of everything I needed and were incredibly responsive to my questions and concerns. I feel incredibly well taken care of and cannot recommend them enough!! Thank you Jay and Gisselle for your hard work and effort with my case! 🙂
The best lawyers that I ever had to deal with they were right on point. They got their job done quick and fast. I didn’t have to wait that long and they got more than what I expected to get. They are good lawyers. They are very good lawyers. I would use them and I will recommend them to anybody
Tiffany, Maria and Michelle were easy to work with, knowledgeable and kind. It was a long process but I was kept informed along the way. Thank you for getting me what I deserved.
I was injured in a bicycle accident with an automobile in which I accumulated thousands of dollars in medical bills. I contacted Kogan & DiSalvo to see how to handle these bills, they explained the whole process and that I wouldn’t have to pay them any upfront money. I was assigned an attorney and a paralegal who explained every step of the process as it progressed. I dealt with Amanda who answered every question I had and I had a lot of them. They got all of my bills paid.I received payment for a new bicycle as well as a settlement from the accident. I would highly recommend this firm to anyone in need of help.Lastly I would like to thank Amanda who was super helpful throughout this case.
They were absolutely phenomenal!
I am so happy I chose to come to Kogan & Disalvo they welcome me in like family when you go in ask for Jay London and Jess the best they keep me informed on everything excellent service I thank y’all so much keep up the amazing work.
I was injured while shopping at the largest corporate stores in the US. Numerous attorneys at Kogan and DiSalvo helped settle my case with a positive outcome. They set a new standard for case review of unusual elements involving the injuries I sustain ed. After continual delays by the defendants,Tiffani held fast and resolved the issues through mediation. Kogan and DiSalvo came highly recommended by friends in the business. I would also like to recommend this group for your litigation needs.
We were very impressed with the way Rachel and her team handled my mother’s case. They were not only very detailed and professional, but were always available to answer questions and concerns.
I had the pleasure of having Amanda as my paralegal over my case and she made my experience a lot smoother. She was attentive and compassionate when speaking with me and explained the legal jargon seamlessly. Now that my case has finally wrapped up I can say that I would recommend Kogan & DiSalvo to anyone in need of personal injury representation. Yes they are a giant of a legal team but with a great team that feels personal to you.
If you’re reading this, in search of representation, I wish you the best and hope you choose a team that will passionately represent you.
From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.
Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.
Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..
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