Connect with us!
Connect with us!
Table of Contents
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: 1066 |
Average rating: 4.9
Highly recommend Daryl Kogan! Extremely helpful and patience with all my questions. If you are need of a law firm that is excellent at what they do look no further!
The professionalism inherent in my experience with Attorney Todd Baker and his staff (Debra in particular) was quite commendable. From the initial contact there existed an easy platform for remarkable communications. All calls were answered promptly and explanations were given clearly with much empathy.
Without hesitation I strongly recommend this Firm.
(Translated by Google) Thank you for your collaboration, I recommend you 100%, very good work and communication, thank you
(Original)
Gracias por la colaboracion los recomiendo 100 x 100 muy buen trabajo I comunicacion gracias
Prompt, courteous, and helpful
Samantha juerkhen was the best she helped me ever time I was in pain and
Needed help with paper work anything she’s really the best second to none one the best paralegal in town easly to talk to Samantha actually care about her clients and understand people she’s was blessing to me. Jeremy Nixon thank Samantha
Kogan and Disalvo are truly amazing! They were able to settle our case quickly and efficiently! I highly recommend using them for any accident injury lawyer. Thank you!!
Great experience, everyone so kind and helpful
Jay and Gisselle were very courteous and professional. They handled our case in a timely manner and was successfully handled with our situation. I highly recommend them.
They are amazing, they have answered all my questions. Never too busy to answer your call. I would not go anywhere else for help.
Jay London is amazing!!! Very attentive and direct. He tells you how it is straight forward which I appreciated so much. Thank you so much Jay for all your hard work and helping me the compensation that I truly deserve.
they handled my case very well, and i’m happy with the outcome!
Everyone was very nice/professional and attentive to answering questions. Very satisfied with my case outcome.
Both Jay and Jessica were helpful and easy to work with. Entire staff appears professional and friendly. An experience that could have been difficult was not. I am happy to recommend Kogan & DiSalvo!
I’m truly grateful for the job well done. It was a great firm to work with. They kept me update on the process from start to finish. I truly recommend them.
Great attorneys and staff! Lauren and Attorney Collins took great care of everything. Incredible experience with Kogan & DiSalvo contact them for a hassle free experience!
Highly recommended!
I cannot express enough gratitude for the exceptional service I received from Kogan & DiSalvo. From start to finish, Todd Baker and Deborah played pivotal roles in the success of my case. Todd’s expertise and clear communication gave me confidence throughout the entire process. He truly went above and beyond to ensure my case was handled with the utmost care and professionalism. Deborah was equally amazing, always providing timely updates and addressing any concerns I had along the way.
Together, they made a stressful situation feel much more manageable, and I could tell they genuinely cared about my well-being. Thanks to their dedication and hard work, my case was resolved successfully, and I couldn’t be more satisfied with the outcome. If you’re in need of personal injury lawyers who truly put their clients first, I highly recommend Kogan & DiSalvo.
The team, I must say are very knowledgeable and straightforward. I was well informed throughout the process and told me exactly what to expect;and communicated with me frequently with updates and made my experience an unforgettable one and appreciative…so thank you again eveyone..
10/10 law firm definitely recommending.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.
(561) 375-9500
Call