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Pedestrians almost invariably have the right-of-way relative to cars, trucks, and buses. A person walking along the side of a road is very vulnerable relative to a motor vehicle moving at high speeds. That is why the law imposes a duty on drivers to be aware of and to yield to pedestrians when their paths intersect.
If you or a loved one has been injured because you were struck by a motor vehicle while walking in South Florida, it’s wise to get legal advice as soon as possible after the accident. Seeking counsel from an experienced injury attorney in West Palm Beach without delay can help secure the compensation you deserve. Kogan & DiSalvo are among the area’s top personal injury firms, and we are eager to hear your story and see how we can help.
The Florida lifestyle lends itself to time spent outdoors. From the beautiful beaches to the bustling nightlife, Floridians are out in the streets. However, walkers as well as drivers are prone to distraction, and pedestrian accidents, wherein a person is hit by a motor vehicle are all too common across the state. According to the Centers for Disease Control and Prevention, in 2020, one out of six people who died in a vehicular accident was a pedestrian. That year, more than 7,000 pedestrians were killed. West Palm Beach residents and visitors are wise to keep that alarming national statistic in mind as they enjoy their daily exercise or simply cross the street.
With so many rules of the road, it’s fair to ask how pedestrian accidents can happen. There are many ways in which pedestrians are vulnerable to being hit by a motor vehicle. A driver’s momentary lapse in concentration can be enough to cause a collision with a pedestrian. Taking one’s eyes off the road for even a mere second could reduce reaction time enough to leave a person in harm’s way. Though pedestrian accidents are often the result of such momentary lapses, many are a consequence of intentional distracted driving. A driver who is not fully engaged in the act of operating their vehicle is not fully aware of their surroundings. Using a cellphone to send a text, eating behind the wheel, or applying makeup while driving can all take a driver’s attention off the road.
A motorist may cause a pedestrian accident because they failed to adhere to local traffic laws. These laws exist not simply to punish people who drive recklessly, but to protect the other drivers, cyclists, and pedestrians sharing the road. Speed limits, right of way rules, road signs, following at a safe distance, stopping at intersections, and yielding are just some of the many ways drivers can help ensure the safety of others.
For instance, Florida Statute §316.130 establishes that drivers must yield to pedestrians using a crosswalk. If a driver receives a ticket at the scene of a pedestrian knock-down for failure to yield, the injured party may have a stronger claim for damages. Whether a collision between a pedestrian and a motor vehicle is the result of a traffic violation, your lawyer will investigate every angle of the accident and build a case that exposes where the driver went wrong.
Many infractions can result in injury to a pedestrian. Rolling stops, illegal U-turns, weaving in and out of traffic, running a stop sign, and failing to stop appropriately for a school bus are other examples of traffic infractions that can cause a pedestrian accident. When a driver fails to apply commonsense safety standards, they tend to move their vehicle in a way that a pedestrian cannot anticipate, placing the walker in serious jeopardy.
Dangerous road conditions, heavy rains, and poor visibility due to fog or darkness present additional risks to both pedestrians and drivers. Under these circumstances, drivers should exercise a higher degree of caution and actively look out for their own safety as well as others.
Pedestrian accidents often happen due to driver impatience. Drivers speeding to catch a yellow light run the risk of striking those in the crosswalk who are anticipating the vehicle will stop. Children and seniors especially lack the quick response needed to change course in time to avoid being struck.
Driver impairment is another cause of pedestrian accidents. Driving under the influence of alcohol or drugs is a big problem on Florida roadways. Not only does intoxication impair your judgment and your choice to drive, but it also slows down reaction time placing unseen pedestrians at risk of a knockdown. Impairment can also be caused by simple lack of sleep. Drowsy driving is dangerous. Drivers who can’t keep their eyes open need to pull over and rest.
Pedestrians stand to suffer serious injuries as a result of being hit by a car even if the collision occurred at a slow speed. Pedestrians often suffer broken bones, severe scrapes and bruises, dislocated joints, and spinal cord injuries. More catastrophic injuries include internal organ damage, paralysis, loss of limbs, or traumatic brain injury. Recovery from these types of injuries may require surgery, extensive physical therapy, and significant time off from work. It may be quite a long time before victims lives are restored to the quality they previously enjoyed. For some, their lives might never return to normal.
Too often, pedestrian accidents end in death. In Florida, wrongful death claims must be brought within two years of the victim’s passing. Failure to bring a claim before the statute of limitations expires could end with a case dismissal. Two years is really not a lot of time for grieving families. Losing a loved one after an accident is a shattering experience, and litigation may be the last thing on the family’s mind. Just remember that handing the legal aspects over to a qualified professional can help set your mind at ease knowing that someone is looking out for your best interest.
The most important thing to do in the aftermath of a pedestrian accident is to self-assess your injuries. Accept medical care if paramedics arrive at the scene. Adrenaline can override any pain, and other symptoms may take time to develop. It is always a good idea to see a doctor within a day or two and document your injury with any doctor reports, hospital records, and photos.
If you are not taken by ambulance away from the scene, make sure to file a police report and exchange contact information with the driver and any witnesses. It is a good idea to retain legal counsel soon thereafter. When you are represented by a personal injury accident attorney, opposing lawyers representing the driver and the driver’s insurer will be unable to contact you directly. They will have to communicate with your attorney. These communications may happen quickly, so the sooner you retain an attorney, the sooner they will step in and get to work on your case.
Car and pedestrian accident lawyers have plenty to do in preparation for filing a lawsuit. Among their many tasks, your attorney will:
The statute of limitations controls how long a plaintiff has to file a claim of negligence against a defendant. The time for bringing a case differs depending on whether the injured pedestrian lives or dies.
According to Florida Statute §95.11, the statute of limitations in personal injury cases is generally two years subject to certain exceptions. Working with a Florida personal injury attorney is the best way to preserve your legal rights and ensure that your lawsuit is filed before the statute expires.
Damage awards will vary according to the age of the person injured, the severity of the injury, the impact of the injury on the plaintiff’s life and work, whether the pedestrian shares any liability for the accident, and other factors. In negligence lawsuits, damages fall into three types: economic, noneconomic, and punitive.
Economic damages are the actual financial losses incurred as a result of the collision. Examples of economic losses include ambulance and hospital bills, future medical expenses, lost wages to date, and future anticipated lost income.
Noneconomic damages include pain and suffering, emotional distress, permanent scars and disfigurement, loss of intimacy with a spouse (known as “loss of consortium”), and loss of enjoyment of life. Compensation for non-economic damages tends to be a hotly contested part of the litigation.
Though punitive damages are less common in personal injury cases, Florida Statute §768.72 allows them if the evidence shows the plaintiff has a reasonable basis for the claim. The trier of fact (i.e. judge or jury) must also have clear and convincing evidence that the defendant is guilty of “intentional misconduct” or “gross negligence.” A defendant found guilty of committing such an offense will be ordered to pay an additional amount on top of the compensatory award.
Many people assume that to collect compensation for any type of personal injury, their case will first have to go to trial. While this is certainly an option for injured pedestrians, there are other ways to receive damages following an accident caused by negligence. In fact, in Florida, trial is not always the preferred route toward a monetary award.
If liability and injuries are uncontested, an injured pedestrian may be able to collect a fair settlement award through the driver’s insurance company. In some cases, this is possible without ever having to file a complaint. Depending on the circumstances of any car accident, settlements are sometimes preferable to trial. The process of filing an insurance claim is often simpler. Court cases can be unpredictable, time-consuming, and parties have no control over the outcome. A smooth settlement means that the pedestrian agrees to the award offered, and both parties can quickly move on with their lives. But be careful! Any offer received should be discussed with legal counsel prior to accepting. Low-ball offers are all too common in the insurance industry.
Most insurance carriers are not so quick to make a fair offer. These companies will fight to protect their profits. If liability is in question or the injuries are under scrutiny, they have no reservations about conducting a full investigation to shift blame onto the injured party and require medical evaluations by their own doctors. It is, therefore, highly recommended, that injured pedestrians send their attorneys to the negotiating table rather than attempt to settle alone.
If you or a loved one were injured or killed in a pedestrian accident in West Palm Beach or elsewhere in South Florida, Kogan & DiSalvo offers an opportunity to win justice. Our dedicated team of lawyers, support staff, medical experts, and investigators will fight tirelessly on your behalf to secure fair compensation for your injuries and losses. Contact our offices today to learn more about your rights under Florida law. We look forward to hearing from you.
Total reviews: 1020 |
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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