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South Florida’s beautiful weather encourages walking. Pedestrians going to and from their destinations enjoy the gorgeous sunshine. Unfortunately, Florida consistently ranks as the most dangerous state in the nation when it comes to pedestrian accidents and deaths.
Were you or a loved one hit by a vehicle as a pedestrian? A personal injury attorney in Vero Beach at Kogan & DiSalvo will investigate your case and fight so that you receive the maximum compensation available. Please reach out anytime for a free case review.
The most frequent cause of pedestrian accidents is driver inattention or distraction. Those texting while behind the wheel are not paying attention to the road and an innocent pedestrian may pay with their life for that text.
Other frequent causes of pedestrian accidents include:
According to the CDC, alcohol was involved in 46 percent of crashes ending with a pedestrian death in 2019. Roughly one-third of pedestrian deaths involved a pedestrian with a Blood Alcohol Content of 0.08 percent.
The majority of pedestrian deaths take place at night in locations away from intersections. In those areas, drivers are more likely to speed, resulting in even more horrific pedestrian injuries and fatalities.
Pedestrians may also prove at fault for the accident for some of the same reasons as drivers. For instance, a pedestrian talking or texting on their cell phone may not pay attention to cars in the vicinity. A drunken pedestrian may not realize where they are. Children may dart into the road and get hit by a car.
The majority of pedestrians killed in accidents are senior citizens or children.
Pedestrian accidents run the gamut. Some of the most common pedestrian accidents include:
To keep themselves safe, pedestrians should always take basic precautions. Avoid wearing dark clothing when walking at night. Pedestrian visibility is key. If you are out walking at night, try to cross the street only in well-lit areas. Other precautions include:
Because Florida uses a pure comparative negligence standard, the accident victim may receive compensation even if they were partly responsible. The amount of the award is reduced by the percentage of fault a jury assigns to the victim. For example, if a pedestrian was texting at the time they were hit by the vehicle, the jury might assign 25 percent of the fault to them. If the award is $100,000, their amount is reduced to $75,000.
Pedestrian accidents usually result in serious injury. For pedestrian accident survivors, those injuries may prove permanently disabling. Common pedestrian accident injuries include:
Keep in mind that Florida is a no-fault auto insurance state. The pedestrian’s medical expenses are covered by their own auto insurance policy, if the person has an automobile, until their coverage is exhausted. At that point, they can pursue a claim on the motorist’s policy.
Unfortunately, many pedestrian accidents prove fatal. The human body is no match for a motor vehicle weighing thousands of pounds. As per the CDC, one in six people killed in crashes are pedestrians. When a pedestrian accident results in death, the estate’s personal representative, on behalf of family members, may file a wrongful death lawsuit against the responsible parties.
As with any personal injury case, the plaintiff must prove that the at-fault driver owed them a duty of care. That duty of care involves acting in a safe, responsible manner toward the public at all times. The plaintiff must prove that the defendant breached that duty of care. Such proof might include speeding, driving while intoxicated, or running a traffic signal or stop sign. The defendant’s negligence must have caused the pedestrian accident victim’s injuries. The victim must provide evidence of economic losses relating to the injuries, such as medical bills, loss of employment, and the like.
Because pedestrian injuries are so often catastrophic, the injured party usually cannot photograph or video the accident scene. If the person is capable of recording the scene, they should do so. They should also get the name, address, and contact information of any eyewitnesses.
To prove a pedestrian accident case, the attorney relies on:
The attorney will also determine which parties are liable for the accident. That liability may extend beyond the driver of the vehicle, depending upon the circumstances of the accident. For instance, if the pedestrian was hit because the sidewalk was blocked and they were forced to walk in the road, the entity blocking the sidewalk may prove liable. That entity might be a restaurant with tables on the sidewalk or a construction zone with poor re-routing.
If the accident occurred because a traffic signal malfunctioned, the municipality could be held liable.
Compensation, or damages, in a pedestrian accident case may include:
If the pedestrian was killed in the accident, the potential damages involved in a wrongful death lawsuit filed on behalf of family members include:
The value of earnings and benefits the deceased could have “reasonably” expected to save are also considered, as these earnings and benefits would have constituted part of their estate.
In Florida, the statute of limitations for filing a personal injury case is two years from the date of the accident. For a wrongful death lawsuit, the statute of limitations is two years from the death date, not the accident date.
However, it is imperative that a pedestrian accident victim or surviving family members seek legal counsel as soon as possible. By waiting too long, critical evidence may disappear. That is especially true of surveillance video, which shows how the accident happened. Such video is often recorded over by municipal entities after 30 days or so.
If you were seriously injured in a pedestrian accident, or if a family member was killed in such a tragedy, contact a Vero Beach personal injury lawyer at Kogan & DiSalvo today for a free consultation. Because we work on a contingency basis, there is no fee unless you receive compensation. We serve all of Indian River County.
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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