Pedestrian Accident Lawyer in West Palm Beach

Walking the sunlit streets of West Palm Beach, Florida, can be an amazing experience. Yet, to anyone reeling from a pedestrian accident in the city, know that your situation is not uncharted territory. 

Partner with a pedestrian accident lawyer in West Palm Beach after such an incident. This gives you access to an attorney who will help you deal with the incident’s aftermath. 

Blakeley Car Accident & Personal Injury Lawyers has a deep-rooted dedication to our clients’ well-being. Our team has recovered more than $250 million for accident victims.

Trust our lawyers to help you get money through an insurance claim or personal injury lawsuit. Discuss your case with a West Palm Beach personal injury lawyer from our team. 

Why Choose Blakeley Car Accident & Personal Injury Lawyers?

The team at Blakeley Car Accident & Personal Injury Lawyers has recovered over $250 million in compensation for pedestrian accident victims and many others.

We have a proven track record of success, fight for the rights of accident victims, and approach each case as an opportunity to help our clients obtain compensation for their losses.

Our pedestrian accident lawyers in West Palm Beach understand what your case entails and the legal challenges you face. We leverage our extensive legal experience to put you in a position to secure maximum compensation.

We have received many positive client reviews. This is due in part to the fact that our personal injury attorneys take the time to understand the circumstances and needs of each of our clients. Allow us to serve as your legal advocate and representative in your pedestrian crash case. Contact us today. 

How Much Time Do You Have to File a Pedestrian Accident Claim in West Palm Beach?

According to Florida Statutes § 95.11, you have two years to file a personal injury claim. As such, it is in your best interests to meet with pedestrian accident attorneys in West Palm Beach right away. Otherwise, if you wait too long after your pedestrian accident, you could miss your opportunity to seek compensatory damages from the liable party. 

Receive medical care if you have suffered a spinal cord injury (SCI) or other severe injuries in your accident. Your attorney will handle your legal matters as you treat your injuries.

They keep you updated during your case proceedings. If a liable party’s insurance company offers a settlement, your lawyer lets you know, and you can review the proposal with them. 

The settlement offer you get for the costs of treating your traumatic brain injury (TBI) or other accident losses may be less than what your case is worth. Your lawyer calculates your quantifiable and subjective losses. They work diligently to get you fair compensation so you can recover financially from your accident and injuries. 

Compensation Available in a Pedestrian Accident Case in West Palm Beach

Talk with a West Palm Beach pedestrian accident lawyer about your losses. In your case, your attorney wants you to get economic and non-economic damages. Reasons you can receive damages include:

Medical Bills

If you are wondering why you need a pedestrian accident attorney on your side, consider your medical costs. Ultimately, your medical expenses can be significant. Thankfully, your lawyer can request damages for your: 

• Emergency room fees
• Hospital stays
• Surgeries
• Medications
• Medical devices
• Any long-term care or rehabilitation you need

Lost Income and Loss of Earning Capacity

You are concerned about the income you lose because you cannot work after your accident. With your lawyer’s help, you can request money for your loss of income.

Or, if you can no longer work in the same capacity you did previously, your attorney may request compensation based on your diminished earning capacity. 

Pain and Suffering

Consult with a West Palm Beach pedestrian accident attorney who knows how to quantify pain and suffering. Ideally, your lawyer will take a compassionate yet methodical approach to make sure that insurance companies don’t underestimate the pain and suffering you experience following your accident.

Your attorney understands that asking for damages is not enough to get you the case results you want. They commit substantial time and resources to craft an argument built on a wide range of evidence. 

Evidence to Use in a Florida Pedestrian Crash Case

Just because you say a motorist is responsible for your pedestrian collision does not mean a judge or jury will agree with you. West Palm Beach pedestrian accident lawyers can provide you with insights into the importance of evidence relative to your case.

Your attorney may use any of the following evidence in their argument:

• Accident scene photos
• Medical records
• Witness statements
• Traffic camera footage
• Pay stubs
• A police report

If you have an abundance of proof, it becomes exceedingly difficult to contest your case. Your lawyer can use your proof in insurance settlement negotiations. This evidence could prompt a liable party’s insurer to offer a settlement that provides you with adequate compensation. 

What You Need to Know About Insurance and Compensation Challenges in Florida Pedestrian Accident Cases

Even if a motorist is to blame for your pedestrian crash, you could encounter problems as you pursue compensatory damages from them. West Palm Beach pedestrian accident attorneys can address insurance and compensation challenges as they come up in your case. These challenges can include:

No Insurance or Insufficient Coverage

In Florida, motorists must have no-fault car insurance. If you are injured in a pedestrian collision, file a claim with the liable driver’s insurance company. Next, this insurer could compensate you for your losses. 

Regardless of Florida’s insurance requirements for drivers, there are times when motorists don’t buy insurance or lack sufficient coverage.

If an uninsured or underinsured motorist is liable for your crash, you may sue this negligent driver for damages. Your lawyer can describe what you can sue for in your personal injury case and file your lawsuit in alignment with state law. 

Devaluing Your Claim

Think twice before you accept the first settlement offer you get from an insurance company. This proposal may seem reasonable, but an insurer could pressure you to accept the proposal before you evaluate it thoroughly. If you wind up approving the offer, you may have to cover some or most of your accident losses. 

Often, insurance companies put their clients’ needs front and center. When they do, they can devalue the claims of pedestrian crash victims.

Remember, you have the right to refuse an insurance company’s offer. If you review a proposal with your lawyer and believe it to be unfair, decline the proposal, and your attorney will support your decision to do so.  

Disputing Your Claim

You and your lawyer provide an at-fault party’s insurance carrier with information to prove that your claim is valid. However, what if the business delays or denies your claim? This is incredibly frustrating, and it may make you think about giving up on your compensation request. At this time, your attorney can fight back against this insurer’s attempt to avoid paying you. 

If a liable party’s insurer disputes your claim, you still have the option of filing a lawsuit. This may seem overwhelming, but your lawyer assists you at each stage of the legal process. Your attorney helps you make informed decisions and ensures your legal needs are met continuously. 

Getting compensation from a liable party’s insurance company can be an uphill battle. Your lawyer remains persistent throughout the claims process.

If your case requires a trial, they will argue to a judge or jury why the liable party was negligent and should be required to provide you with damages. 

The Role of Negligence in a Pedestrian Accident Lawsuit in West Palm Beach

Your pedestrian collision lawyer in West Palm Beach will teach you about negligence and how it can affect the outcome of your case.

To recover compensation, your attorney must show a judge or jury that the defendant is liable for your accident. As part of their efforts, they will highlight the extent of your injuries and the incident’s impact on your life.

In their argument, your attorney wants a judge or jury to see that the defendant violated their duty of care, which is a legal obligation to avoid acts that could put you in danger. They can detail how the defendant’s actions represent a breach of this duty and led to your accident, injuries, and damages. 

The defendant may say you are partially responsible for your pedestrian crash. If you are found to be partly at fault for this incident, the damages you receive can be reduced by your percentage of fault. 

How Modified Comparative Negligence Applies to a Pedestrian Accident Case

Florida has a modified comparative negligence rule. With this, if you are partly to blame for your pedestrian accident, a judge or jury can award a portion of the damages you requested or none at all. 

Modified comparative negligence allows you to recover partial damages if you are 1-50% liable for your pedestrian crash. If you are up to 50% responsible, the court will award damages minus your degree of fault.

For instance, the court rules you are 30% liable for your pedestrian collision. This means the defendant will have to pay 70% of your damages. 

If you are more than 50% responsible for your pedestrian crash, you are liable for your accident losses. Your pedestrian collision attorney in West Palm Beach wants the defendant to be held accountable for the harm they have caused. Thus, leading up to your trial, they are constantly looking for ways to strengthen your case and poke holes in the defendant’s argument. 

Types of Florida Pedestrian Accidents

Pedestrian accidents can happen on roads, in crosswalks, in parking lots, and in other areas. Your West Palm Beach pedestrian collision lawyer examines your case carefully.

They can assist you as you recover from one of the many types of pedestrian crashes, including:

• Crosswalk crashes: You have the right of way in a crosswalk, but a motorist can ignore it altogether. Therefore, you could get hurt in a crosswalk accident caused by a driver who was distracted, speeding, or committing other acts of carelessness or recklessness.
• Hit and run collisions: You are unsure of how to find the driver responsible for your hit and run crash. A personal injury attorney can collaborate with the police and take other measures to locate the liable party and, if they succeed, request compensation from them. 
• Parking lot crashes: A driver can crash their car into you as you walk through a parking lot. In this scenario, the motorist can be liable for the incident. 
• Dooring accidents: A motorist could open their car’s door without realizing that you are walking or jogging nearby. This can lead to a dooring incident, and the driver could have to compensate you for your injuries and other harm you have suffered. 
• Backing-up accidents: If you are in a motorist’s blind spot, this driver could back their vehicle into you. Those who get hurt in a backing-up crash may be eligible for compensation if they file a personal injury claim or lawsuit. 
• Crashes at intersections: At an intersection, a motorist may be more focused on turning right or left than on pedestrians. If a motorist does not see you at an intersection and slams their car into you, they could be required to pay you damages. 
• Bus and large vehicle crashes: A bus driver or the operator of other large vehicles may crash into you. Following the incident, the individual behind the wheel or their employer could have to compensate you for your losses.

Your attorney answers any questions you have relating to the types of pedestrian accidents and other legal topics. They explain what to expect from a personal injury claim. As the legal process moves forward, your lawyer does everything they can to get money from the at-fault party. 

Common Causes of Pedestrian Accidents in Florida

There is no one-size-fits-all cause of pedestrian crashes. Your West Palm Beach pedestrian collision attorney gives your case their undivided attention. They will discuss the causes of pedestrian crashes in Florida with you, which include:

• Distracted driving: When a driver is looking down at their phone or eating, they can lose focus on safe travel. Since the motorist is distracted, they may not be able to stop quickly enough to prevent a pedestrian crash. 
• Speeding: A motorist may drive at a speed above the posted limit. When this happens, the driver may struggle to bring their car to a complete stop, which can result in a pedestrian collision. 
• Driving through a stop sign or red light: A motorist breaks the law if they ignore a stop sign or red light. On top of that, this driver can cause a pedestrian crash and be liable for the incident. 
• Drunk driving: Intoxicated driving is inexcusable. If a motorist is driving under the influence of drugs or alcohol and causes a pedestrian crash, this individual can face civil and criminal penalties. 
• Lack of visibility: Rain or other inclement weather conditions or poor lighting can make it tough for a motorist to see where they are going. A lack of visibility can contribute to a pedestrian collision, and the driver involved in the incident may have to cover the victim’s losses. 

Your personal injury lawyer gets to the root of your pedestrian collision. No matter why your crash happened, your attorney wants the responsible party to compensate you for the harm you have endured. 

What Injuries Are Commonly Reported in Pedestrian Accidents?

Typically, pedestrians have no protection against motor vehicles, and they often suffer serious injuries in accidents involving cars, trucks, buses, and tractor-trailers. Common injuries that pedestrian collision victims report include:

• TBIs: A traumatic brain injury can affect a crash victim cognitively, physically, psychologically, and emotionally. 
• SCIs: Those coping with an SCI after a pedestrian crash may experience paralysis and require medical care and support for years. 
• Broken bones: It may take weeks or months for an accident victim’s broken bones to heal. Depending on the severity of broken bones, a victim may need surgery or other costly and time-intensive medical treatments. 
• Internal injuries: Organ damage and other internal injuries can have long-lasting effects on a victim’s health and quality of life. 
• Soft tissue injuries: A victim can suffer muscle, ligament, and tendon damage that leads to chronic pain and restricts their mobility. 
• Emotional trauma: A victim may experience anxiety, depression, and post-traumatic stress disorder (PTSD) after a pedestrian crash. 

Your pedestrian crash lawyer in West Palm Beach will factor injuries into a compensation claim. They can develop a comprehensive legal strategy to help you get money for your current medical bills, along with future rehabilitation, psychological support, and any accommodations you need due to your injuries. 

When to File a Pedestrian Accident Wrongful Death Claim

You are devastated after you lose a family member in a fatal pedestrian crash. The incident makes you question your next steps and how you and your family will stay afloat financially as you cope with your loss. Fortunately, you do not have to face this emotionally taxing time alone. 

A wrongful death lawyer in West Palm Beach is empathetic and caring. They want you and your loved ones to care for and support one another. If someone is liable for your family member’s fatal pedestrian collision, your attorney can request damages from them. 

Your wrongful death attorney prioritizes your case while you focus on yourself and your family. They may get a settlement offer that provides you and your loved ones with compensation for your late family member’s burial and funeral expenses and other losses. Alternatively, your lawyer can argue your wrongful death case in court. 

Pedestrian Accident Statistics to Consider

Recent data from the Florida Highway Safety and Motor Vehicles (FLHSMV) indicate that 10,013 pedestrian–related crashes were reported in a given year. This represents a decrease of five percentage points year over year. 

In addition, FLHSMV reported 765 fatalities in pedestrian crashes in the above time frame. FLHSMV also stated that the number of pedestrian crash fatalities declined eight percentage points annually. 

Based on data from the National Center for Health Statistics (NCHS), nationally, an estimated 9,076 pedestrians died in traffic or non-traffic incidents in a recent year.

Along with this, the National Highway Traffic Safety Administration (NHTSA) estimates that 7,314 pedestrians died in traffic crashes occurring on public roads during this period.

A Look at the Demographic Impact of Pedestrian Accidents

Research suggests adults aged 65 and older and children are more likely to be involved in pedestrian crashes than others. Some studies indicate that Black and Native American populations may face a higher risk of pedestrian accident injuries and fatalities than other groups. 

The National Institutes of Health (NIH) notes that there may be a correlation between pedestrian crashes and socioeconomic status. Those who live in low-income neighborhoods with inadequate infrastructure and a high traffic density may be more likely to be involved in pedestrian collisions than others. 

Outside of these demographic factors, location and time of day can play roles in pedestrian accidents. Generally, the risk of a pedestrian accident is greater in urban areas than rural ones. Meanwhile, the Safe Transportation Research and Education Center (SafeTREC) points out that pedestrian accidents are more likely to happen at night and in summer than at other times. 

Our Pedestrian Collision Lawyers in West Palm Beach Will Help You Achieve Your Desired Case Results

You are worried you will have to cover your pedestrian crash losses. Speak with pedestrian collision attorneys in West Palm Beach, as they can go over your legal options with you and what it will take to receive money from the at-fault party.

At Blakeley Car Accident & Personal Injury Lawyers, we remove the guesswork from the legal process. Our team is dedicated to achieving your goals. We explain what can happen if you proceed with a pedestrian accident claim or lawsuit.

Our attorneys remain accessible every step of the way. To learn more, schedule a case consultation with us.