Fort Lauderdale Pedestrian Accident Lawyers

Pedestrian Accidents in Fort Lauderdale Handled by Legal Professionals

The injuries pedestrians sustain when hit by a car are often catastrophic. Similar to the impact of a motorcycle accident injury, pedestrians do not have any surrounding protection in the way the motorist that hit them does. This means your injuries could be life-threatening or even fatal. If you or someone you love has been critically injured in a pedestrian accident, it is important to consider all your legal options. You should not be expected to absorb the consequences when another party’s negligence is what caused your injuries.

When the impact of your accident is long-lasting and affects your daily life, holding the liable party accountable may be the best way to get the financial support you need when you need it most. Our reputable personal injury attorneys in Fort Lauderdale at Amanda Demanda Injury Lawyers can help. You need a legal team you can count on to help you understand your rights, navigate your pedestrian accident insurance and civil claims, and fight for total financial relief. Our Fort Lauderdale pedestrian accident lawyers can help you establish liability for the accident, gather valuable supporting evidence, and get the most out of your claim. Contact our personal injury law firm to request a 100% free consultation today to discuss your opportunities further and get the legal advice you need to start picking up the pieces of your life.

Understanding Pedestrian Accident Law in Fort Lauderdale

One of the primary reasons pedestrian accident victims worry about moving forward with legal action is that they do not understand how the claims process works. Once you understand your rights and the laws that could have a substantial impact on your case, you may feel more confident when our pedestrian accident attorneys want to advocate for you with the insurance company or at trial. Here are some of the most important pedestrian accident laws and personal injury claim nuances you need to know:

Grounds for a Pedestrian Accident Claim in FL

First, it is important to understand the grounds for a pedestrian accident lawsuit in Florida. Many injury victims worry that only those suffering from debilitating injuries have grounds for a claim. However, your injuries do not determine whether you have the right to file a lawsuit, the impact of the accident and the injuries you’ve suffered does. Your pedestrian accident lawyer must be able to show that someone else is or could be responsible for causing your injuries and damages for your claim to be successful. Furthermore, your injuries or the accident itself must have substantially affected your life in one way or another. This does not mean you must have suffered life-threatening injuries, but your daily life must be affected, you must have significant emotional trauma, or extreme financial losses to have the right to compensation.

Common Pedestrian Accident Injuries Victims Sue For

Although there is no specific type of injury pedestrian accident victims must be diagnosed with to file a claim, we do see certain types of injuries more often than others in personal injury cases. Some of the most common types of pedestrian accident injuries our Fort Lauderdale clients have reported include:

• Dental injuries
• Post-traumatic stress disorder (PTSD)
• Fractured and broken bones
• Paralysis
• Whiplash
• Traumatic brain injuries (TBIs)
• Internal bleeding
• Spinal cord injuries
• Road rash
• Facial trauma
• Neck injuries
• Concussion
• Amputation
• Back injuries, including herniated discs
• Organ failure
• Puncture wounds
• Soft tissue injuries
• Second impact syndrome

Do not give up on your case if you are coping with any other type of injury that was not included above. This is not an exhaustive list of injuries that warrant a personal injury claim. If you have suffered any type of injury that has turned your life upside down, you could be entitled to compensation for your suffering. Contact our pedestrian accident law firm for a free consultation today so we can learn more about the impact of your injuries and explore your legal options further.

The Elements of Negligence

Our personal injury lawyers must also show that the elements of negligence apply to your case. The only way any personal injury or pedestrian accident claims can be a success is if we can show someone else is at fault for the collision. The elements of negligence are as follows:

• Duty of care – The driver that hit you must have had an obligation to your safety. As a motorist, the driver will have an inherent duty to operate the vehicle as safely as possible to protect passengers, pedestrians, motorcyclists, bicyclists, and anyone else sharing the roadways.
• Breach of duty – By hitting you, the driver will have breached their duty of care if they were operating a vehicle in any type of unsafe manner.
• Causation – The driver who hit you must be the cause of the injuries you sustained or the damages you are dealing with now.
• Damages – Your injuries do not need to be critical, but the pedestrian accident or your subsequent injuries must have had a significant effect on your life emotionally, financially, psychologically, or physically.

If each of these elements is met, we can prove the defendant’s negligence is the ultimate cause of your pedestrian accident, which will result in them being found liable for your injuries and damages. 

Valuable Evidence to Meet the Burden of Proof

Proving negligence and liability is one of our most important responsibilities after taking on your case. Thankfully, we are not in criminal court where the burden of proof is beyond a reasonable doubt. When your pedestrian accident lawyer files a personal injury lawsuit, at trial, the burden of proof is based on a preponderance of the evidence. Essentially, this means the evidence presented will need to convince the jury of the defense’s liability. We do not need to prove beyond a reasonable doubt, but the evidence must suggest the defendant is most likely responsible. Examples of the most influential types of evidence in pedestrian accident claims include:

• Traffic cam footage
• Dashcam footage of the driver hitting you
• Data obtained from the vehicle’s event data recorder (EDR)
• Copies of your medical records
• The defendant’s criminal record
• Police reports
• Crash data from prior accidents at the same intersection or location
• Testimony from responding officers and emergency medical technicians
• Photos of your injuries and the damage from the accident scene
• Witness testimony
• Personal journal entries
• The defendant’s chemical or breath alcohol test results
• Reports from pedestrian accident reconstructionists
• Testimony from family members or friends that describes the significant impact of your injuries or the accident

Statute of Limitations for Fort Lauderdale Pedestrian Accident Claims

You must take action on your Fort Lauderdale pedestrian accident claim as quickly as possible. Not only will certain types of evidence only be available for a short amount of time, but the statute of limitations deadline is already counting down. Florida personal injury laws currently only allow accident victims up to two years from the date of their accident to file a lawsuit. 

However, if your accident occurred before March 2023, you may have up to four years from the accident day to get your pedestrian accident lawsuit filed. This is because the law was changed in March 2023, reducing the amount of time injury victims have to file a lawsuit. Unfortunately, if your pedestrian accident claim is not filed before time runs out, you will miss out on compensation you could have been entitled to at trial.

Liability and Negligence in Pedestrian Accident Cases 

In the vast majority of pedestrian accident cases, the driver who hit you will be found liable. This is often because they were engaging in some type of unsafe driving behavior. Some examples of negligent driving known for causing pedestrian accidents include: 

• Speeding
• Failure to yield
• Distracted driving
• Drunk driving
• Drugged driving
• Drowsy driving
• Road rage
• Failure to stop
• Failure to check blind spots
• Making unsafe lane changes

However, it is important to note that the driver that struck you may not be the only party that shares liability for the accident. Here are some of the other parties who could be sued for your damages, depending on the specific circumstances of your case:

• Dram shops – When establishments that serve or sell alcohol provide alcohol to someone who is already visibly intoxicated, and that party goes on to cause a collision, the Dram shop can be partially responsible for the victim’s injuries.
• Auto parts manufacturers – When motor vehicle parts malfunction or are defective, the driver that hit you may not have been able to prevent the collision. The designers, manufacturers, distributors, retailers, and even motor vehicle dealerships could share the blame for these types of accidents.
• Safety inspectors – When safety inspectors fail to conduct safety inspections or make a note of safety concerns when inspecting motor vehicles or other equipment, such as crosswalk systems, they could share fault for your damages in a pedestrian accident.
• The city of Fort Lauderdale – Local municipalities must do their part to maintain road safety and maintenance. When the city of Fort Lauderdale does not install crosswalks at dangerous intersections, fails to make necessary safety repairs to crosswalk systems, or otherwise fails to uphold its obligation to pedestrians and motorists alike, it could be named in your personal injury lawsuit.
• The Florida Department of Transportation – The FDOT is responsible for maintaining certain roads and intersections across Fort Lauderdale and the entire state. When they do not make repairs, improperly secure road construction zones, or somehow fail to maintain the integrity of the roadways, you might have grounds for a claim against them.

Common Types of Pedestrian Accident Claims We Handle 

Our Fort Lauderdale pedestrian accident attorneys are prepared to take on nearly any type of car accident or personal injury claim. Some of the most common types of pedestrian accidents our clients have endured include:

• Motorcycle accidents
• Head-on collisions
• Car accidents
• Sideswipe accidents
• Truck accidents
• Distracted driving accidents
• Crushing accidents
• Failure to stop accidents
• Drunk driving accidents
• Bicycle accidents
• Accident at intersections
• Bus accidents
• Highway accidents
• Failure to yield accidents
• Rideshare accidents

How Pedestrian Accident Victims Are Repaid 

According to Florida tort laws, injury victims have the right to total financial compensation when they are struck by a negligent driver or someone else is responsible for causing their injuries. Here is more about some of the top ways to recover the compensation you deserve and the types of damages you could be entitled to:

Ways to Demand the Compensation You Deserve

There are two primary ways to seek compensation for your losses after a pedestrian accident:

Filing a Claim With the Insurer

Filing a claim with the insurance company is one of the most common ways to obtain compensation. Typically, the insurance company will cover a portion of your medical expenses and perhaps your personal property damages. However, sometimes, even with an insurance settlement, you may have an excess of damages the insurance company does not cover.

Filing a Personal Injury Lawsuit 

Filing a personal injury lawsuit is the best way to maximize your payout. You are not limited in the way you are by filing a claim with the insurance company. You can receive fair compensation for every single way your life has been affected by your pedestrian accident and resulting injuries.

Economic Damages vs. Non-Economic Damages 

The damages you have a right to recover are known as compensatory damages. Economic damages are monetary. Non-economic damages are a category of losses that include the ways your life itself has been affected by the collision. Some examples of economic and non-economic damages pedestrian accident victims can be awarded include:

• Inconvenience
• Pain and suffering
• Reduced quality of life
• Your ambulance bills
• Ongoing medical bills 
• Lost wages
• Emotional distress
• Your hospital stay
• Mental health counseling costs
• Medical equipment and devices
• Psychological trauma
• Diminished earning capacity
• Medical treatment
• Loss of employer-provided health insurance or retirement savings
• Skin scarring and disfigurement
• Loss of household services
• Medical home accommodations
• Loss of paid leave
• Reputational damage
• Loss of consortium

Fort Lauderdale Pedestrian Accident FAQ

Being hit by a car while walking can permanently alter the course of your life. Having the liable party compensate you for your damages is only a fraction of what they can do. However, you may be feeling hesitant about moving forward with your claim. This often happens when injury victims are dealing with substantial physical trauma and emotional distress. Often, the thought of moving forward with a lawsuit can seem like too much to take on during this difficult time in your life. 

However, you will not have to handle any of the legal details when you have a pedestrian accident lawyer in Fort Lauderdale working for you. We want you to feel prepared and that you have set realistic expectations for your claim. For that reason, we have answered some of the most frequently asked questions surrounding Fort Lauderdale pedestrian accidents and personal injury claims below. Do not feel discouraged if you have other questions that we did not cover on this page. You can schedule a 100% free consultation to discuss the specific circumstances of your case in greater detail.

What will it cost to hire a pedestrian accident lawyer?

One of the biggest concerns pedestrian accident victims and their surviving family members have is how much it will cost to hire a personal injury attorney. We do not believe you should ever have to worry about these costs when you have been through such a traumatic experience. Our personal injury attorneys also do not think you should need to pay for any of the expenses that come up in your pursuit of justice. To that end, unlike other types of attorneys, we do not require a retainer to start working with our clients. We do not need any money down because you are not going to be covering any of the costs of your investigation or pedestrian accident claim. We pay for them on your behalf because you should not put your personal finances at risk after everything you have already been through. 

Our Fort Lauderdale pedestrian accident lawyers work for our clients on contingency. Instead of charging our clients an hourly rate, our attorney’s fees are contingent on obtaining a favorable outcome in your case. We can only get paid if we win. If we do not win through an insurance settlement or by bringing your pedestrian accident case to trial, you will not be expected to pay any attorney fees. We will never ask for reimbursement for the costs of pursuing your case either. You will not have to worry about debt collection attempts, wage garnishment, or the risk of bankruptcy, either. Working with a pedestrian accident attorney on contingency is often the best way to fight for your rights to maximum compensation without having to worry about financial risks if your lawyer loses.

Why did the defendant accuse me of being at fault?

Defendants often accuse pedestrians of sharing the blame for the accident. For example, they may argue that you were not crossing in a crosswalk or ignored crosswalk systems which tell when it is safe to cross and when it is not. This often occurs even when injury victims are not partially responsible for causing the accident. The defense attempts to reduce their financial responsibility to your case by trying to place unwarranted shared blame on you. Florida follows a modified comparative negligence system with a 50% bar. Anyone who is partially at fault can receive a settlement as long as partial blame does not reach or exceed 50%. 

Once your percentage of liability meets or exceeds this threshold, you no longer have the opportunity to demand compensation in Fort Lauderdale civil courts. If you share the blame but at a rate that is less than the 50% bar limit, you can still be awarded compensation for your suffering. However, the court system will ensure you are held accountable for your portion of the negligence. To do this, they will reduce your percentage of fault from your pedestrian accident settlement. For example, if you were accused of failing to cross in a crosswalk, the judge might find you 20% at fault for the severe injuries you suffered. If the jury awarded you $20 million due to a permanent or disfiguring disability, your $20 million settlement would face a 20% shared liability reduction amounting to approximately $4 million. This would leave you with a pedestrian accident settlement valued at $16 million. Although you would still have a sizable settlement, you lost out on $4 million. This is $4 million that the liable party will not have to pay you. 

With this in mind, it is easy to see why the defendant would accuse the injury victim of partial liability. If they can get away with paying you less than you are entitled to, they will. Having our experienced personal injury attorneys ensure negligence and liability are established accurately in your case is the best way to protect yourself from being taken advantage of.

What happens if the driver that hit me was underinsured or uninsured?

It is more common than you might think for uninsured or underinsured drivers to strike pedestrians. Underinsured and uninsured drivers are also frequently found responsible for pedestrian accidents. All motorists in Fort Lauderdale and across Florida are legally required to have auto insurance coverage in place. Drivers are expected to carry at least $10,000 in property damage liability coverage and personal injury protection (PIP). However, those who do not will often flee the accident scene due to fear of the repercussions of driving without sufficient auto insurance coverage.

Whether the driver that hit you fled after hitting you or is underinsured or uninsured, you still have the right to compensation for your damages. You may not be able to file a claim against their auto insurance policy, but once the Fort Lauderdale Police Department has identified the driver, we can move forward with a personal injury lawsuit against them where you will seek the compensation that is rightfully yours. You may even be entitled to punitive damages depending on the circumstances of your case. Although uninsured and underinsured motorist accident claims are often more complex, we will do everything possible to ensure the liable party compensates you for every loss.

Contact a Fort Lauderdale Pedestrian Accident Lawyer for Help Today

Are you still unsure whether you want to take action on your pedestrian accident claim? The personal injury claims process can seem like too much to handle in the throes of your recovery. The liable party should not get away with their negligence. While you heal, our Fort Lauderdale pedestrian accident attorneys can work behind the scenes to investigate the cause of the accident, obtain essential supporting evidence, and calculate your damages so we know how much to seek when you file a claim with the insurance company or bring your case to court.

Let us handle the legalities so you can demand justice without the hassle of complex litigation. Schedule your free, no-obligation consultation with an experienced pedestrian accident lawyer at Amanda Demanda Injury Lawyers. You can reach us through our confidential contact form or by phone to start working on your case as soon as today.