Pedestrian Accident
Florida Pedestrian Accident Attorneys
We Set The Standards™
Representation for Preventable Injury Cases Throughout Florida
Walking is a great form of exercise and an excellent way to get around. Whether you are walking across a parking lot or taking a jog down the sidewalk, you should be safe to assume that drivers around you notice you and will not hit you. However, pedestrian accidents are not uncommon in Boca Raton and the surrounding areas. In fact, Florida has been known to have a high rate of pedestrian accidents and fatalities.
If you have been hurt in a pedestrian accident, our lawyers can help. These accidents are almost always preventable and at Ovadia Law Group, we are dedicated to holding the responsible parties accountable.
Causes & Results of Pedestrian Accidents
In most cases, pedestrian accidents are caused by driver negligence. For example, a driver who is texting and doesn’t see that they are running a red light when they strike a pedestrian who was legally crossing the road. There are other factors which can come into play, such as broken pavement, unmarked intersections, construction debris, or lack of crosswalks or sidewalks.
Pedestrian accidents can be caused by the following forms of negligence:
- Fatigued/tired driving
- Driving under the influence
- Failing to yield
- Ignoring traffic signals
- Ignoring stop signs
- Distracted driver
After you have been hurt in an accident, it is easy to feel hopeless or like you have no recourse. Fortunately, you have rights and our lawyers are committed to protecting them. Our firm is here to provide you with the personalized attention and dedicated legal care you deserve.
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Table of Contents
Why You Need a Pedestrian Accident Lawyer in Florida
Florida law requires drivers to yield the right-of-way to pedestrians in crosswalks and exercise caution around people walking. A good pedestrian accident lawyer will fight to get you the money you deserve, deal with complicated legal issues, and stop insurance companies from treating you unfairly. Drivers and their insurance companies often try to blame pedestrians for accidents. They’ll say you weren’t in a crosswalk, weren’t paying attention, or were wearing dark clothing. You especially need a lawyer when you’re badly hurt, when it’s not clear who’s at fault, or when insurance companies won’t treat you fairly. Studies show that people with lawyers get much more money in settlements than people without lawyers.
We offer free consultations for pedestrian accident victims, and you don’t pay us anything unless we win money for your case.
How Insurance Works for Florida Pedestrians
Florida pedestrians don’t carry their own insurance, but if you’re hit by a car, you can pursue money from the at-fault driver’s insurance without meeting a “serious injury threshold” that car accident victims face. If you own a car and have your own insurance, your Personal Injury Protection (PIP) coverage may help pay for some of your medical bills after a pedestrian accident. Our lawyers can help you understand these complicated insurance rules and find all possible ways to get you money, including the driver’s insurance, your own insurance policies, and other responsible parties like property owners or government agencies.
What Money Can You Get After a Florida Pedestrian Accident?
After a pedestrian accident in Florida, you may be able to get money for all your medical bills (now and in the future), all the wages you lost and money you won’t be able to earn, pain and suffering (which can be a lot for serious injuries), emotional distress, permanent injuries or scars, and more. Pedestrian accidents often cause very serious injuries because pedestrians have no protection against vehicles, which can mean getting a lot of money. Insurance companies often offer too little money for pedestrian accident claims. They act like pedestrians are careless or hard to see. But our experienced lawyers know how to figure out what your case is really worth and fight to get you the most money possible.
How Do They Decide Who’s at Fault in a Florida Pedestrian Accident?
Florida uses something called comparative negligence. This means if you were partly at fault, the money you get will be reduced by your percentage of blame. Insurance companies work hard to blame pedestrian accident victims. They’ll say you jaywalked, weren’t in a crosswalk, were on your phone, or weren’t visible enough. Our team fights back by doing complete investigations, taking photos of the accident scene and crosswalks, talking to accident reconstruction experts, reviewing police reports, interviewing people who saw what happened, and looking at any traffic camera or dashcam videos. We build strong cases that prove who’s really at fault and protect you from unfair blame.
How Do I File an Insurance Claim After a Florida Pedestrian Accident?
After making sure you get medical help and the police have been called, you should tell your own insurance company quickly if you have car insurance. You must also contact the at-fault driver’s insurance company to make a claim. But be very careful when talking to insurance adjusters because their job is to pay you as little as possible. Before you tell them anything, contact our office for free help. We can talk to all the insurance companies for you while you focus on getting better, making sure your rights are protected the whole time.
What to Do When Hit by an Uninsured Driver in Florida
About 20% of Florida drivers don’t have insurance, which puts pedestrians at serious risk. If you’re hit by an uninsured driver, getting money becomes more complicated. Our lawyers can look at all your options, including your own uninsured motorist coverage if you have car insurance, finding other people or companies who might be responsible (like property owners with unsafe parking lots, government agencies responsible for dangerous road conditions, or vehicle manufacturers), or going after the at-fault driver’s personal assets. Don’t think you’re out of options—call us to see what we can do.
What Insurance Coverage Helps Pedestrians in Florida?
While pedestrians don’t need their own insurance, having the right coverage can protect you if you’re in an accident. We strongly recommend that you and your family carry:
- Car insurance with PIP coverage (covers pedestrian accidents too)
- Uninsured/underinsured motorist coverage
- Medical payments coverage
- Umbrella liability insurance for serious accidents
Without proper insurance protection, a serious pedestrian accident could leave you with huge medical bills. Our lawyers can review your current coverage and recommend the right protection based on your situation.
Common Pedestrian Accident Injuries in Florida
Florida is one of the most dangerous states for pedestrians. In fact, Florida consistently ranks as the deadliest state for people walking, with thousands of pedestrian injuries and hundreds of deaths each year.
These injuries often include:
- Brain injuries and concussions
- Spinal cord injuries and paralysis
- Broken hips and pelvis fractures
- Broken bones and bad fractures
- Internal organ damage and internal bleeding
- Facial fractures and permanent scars
- Leg, knee, and ankle injuries
- Nerve damage
- Loss of limbs
- Trauma and PTSD
Pedestrian accidents usually cause more serious injuries than most other traffic accidents because pedestrians have no protection from the impact. Our team works with medical experts to document all your injuries and how they’ll affect your life and finances in the long run.
Common Causes of Pedestrian Accidents in Florida
- Drivers Who Don’t Yield to Pedestrians: The most common cause of pedestrian accidents in Florida is drivers failing to yield the right-of-way at crosswalks and intersections. Many drivers simply don’t see pedestrians or don’t stop when they’re supposed to.
- Distracted Driving: Drivers who are texting, talking on the phone, eating, or otherwise distracted often don’t notice pedestrians until it’s too late. Distracted driving causes thousands of pedestrian injuries every year in Florida.
- Speeding: When drivers speed, they have less time to react to pedestrians and cause much more serious injuries when crashes happen. Speed is a major factor in fatal pedestrian accidents.
- Drunk or Impaired Driving: Alcohol and drug impairment seriously affect a driver’s ability to see and react to pedestrians. Many fatal pedestrian accidents in Florida involve drunk drivers.
- Failure to Stop at Red Lights or Stop Signs: When drivers run red lights or roll through stop signs, they often hit pedestrians who are legally crossing the street.
- Poor Visibility and Lighting: Many pedestrian accidents happen at night or in poorly lit areas where drivers can’t see people walking. Inadequate street lighting and crosswalk visibility contribute to numerous accidents.
- Unsafe Parking Lot Design: Poorly designed parking lots without proper crosswalks, speed bumps, or pedestrian paths lead to many accidents, especially in busy shopping areas.
- Backing Up Without Looking: Drivers who back out of driveways or parking spaces without checking carefully often hit pedestrians walking behind their vehicles.
Florida’s Time Limit for Filing Pedestrian Accident Claims
Since March 2023, Florida law gives you just two years to file a lawsuit after a pedestrian accident. This used to be four years but was reduced. This deadline applies to all traffic injury cases that happened on or after March 24, 2023. Property damage claims still have a four-year limit. Special timelines include two years from the date of death for wrongful death cases and three years for claims against government entities.
Time is critical. If you miss this deadline, you permanently lose your right to get any money, no matter how strong your case is. Get medical attention right away, gather evidence quickly (including photos and witness information), and contact a pedestrian accident lawyer as soon as possible to protect your legal rights and give yourself the best chance of getting fair compensation.
