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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.
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Average rating: 4.9
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..
My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.
Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!
Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.
I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏
Really nice and friendly people to work with
Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!
Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm
Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!
Very great and didn’t forget about us thank you so much
Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.
Everyone was very professional and nice
Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you
My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.
I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!
Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.
Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.
I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.
We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.
Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.
Jessica and jay the best attorneys that can handle your case
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