Pedestrian Accident lawyer

How a pedestrian accident attorney CAN HELP YOU

The Gravity of Pedestrian Accidents in Florida

Florida’s sunny climate and popular tourist destinations contribute to its bustling streets and sidewalks. Unfortunately, this also leads to a high incidence of pedestrian accidents. The state often ranks among the top in the nation for pedestrian fatalities and injuries. The consequences of these accidents can be devastating, as pedestrians have no protection against the force of a vehicle. Injuries can range from broken bones and lacerations to traumatic brain injuries and spinal cord damage, often requiring extensive medical treatment and rehabilitation. The emotional and financial toll on victims and their families can be overwhelming, highlighting the need for effective legal representation to seek justice and compensation.

Causes and Contributing Factors

Pedestrian accidents in Florida are the result of various factors, each contributing to the overall risk on the roads:

  • Distracted Driving: The proliferation of smartphones has led to an increase in drivers distracted by texting, calling, or using social media. This lack of attention significantly reduces their ability to react to pedestrians, especially in urban areas.
  • Speeding: High-speed vehicles have less time to stop and cause more severe injuries upon impact. Residential areas and school zones are particularly vulnerable to speeding drivers.
  • Failure to Yield: Many accidents occur at intersections or crosswalks where drivers fail to respect the right of way of pedestrians, often due to impatience or ignorance of traffic laws.
  • Alcohol Impairment: Both drivers and pedestrians under the influence of alcohol have impaired judgment and coordination, increasing the likelihood of accidents.
  • Poor Visibility: Nighttime and poorly lit areas pose significant risks for pedestrians, as drivers may not see them until it’s too late.

Legal Considerations and Compensation

Navigating the legal aftermath of a pedestrian accident in Florida can be complex due to the state’s specific laws:

  • No-Fault Insurance: Florida’s no-fault insurance system requires that each party’s insurance covers their own injuries, regardless of who is at fault. However, serious injuries may allow victims to step outside this system and pursue a claim against the at-fault driver.
  • Comparative Negligence: Florida follows a comparative negligence rule, meaning that compensation can be reduced by the percentage of fault assigned to the pedestrian. This makes it crucial to establish the driver’s negligence.
  • Statute of Limitations: There is a limited time frame to file a personal injury lawsuit, typically four years from the date of the accident. It’s essential to act promptly to preserve your legal rights.

Preventive Measures

Reducing pedestrian accidents requires a multifaceted approach:

  • Education: Awareness campaigns can highlight the importance of road safety for both drivers and pedestrians. Topics can include the dangers of distracted driving, the importance of using crosswalks, and the need for visibility at night.
  • Infrastructure Improvements: Cities can invest in pedestrian safety features such as better street lighting, clearly marked crosswalks, pedestrian islands, and traffic calming measures like speed bumps and roundabouts.
  • Enforcement: Law enforcement agencies can play a crucial role by strictly enforcing traffic laws related to speeding, drunk driving, and distracted driving.
  • Personal Responsibility: Pedestrians should always use crosswalks, look both ways before crossing, wear reflective clothing at night, and avoid distractions like headphones or smartphones while crossing streets. Drivers should remain vigilant, especially in pedestrian-heavy areas, and always yield to pedestrians in crosswalks.

In conclusion, pedestrian accidents in Florida are a significant concern that requires the attention of individuals, communities, and legal professionals. If you or a loved one has been involved in a pedestrian accident, it is important to seek experienced legal representation from firms like Ehrlich & Naparstek to navigate the complex legal landscape and secure the compensation you deserve for your injuries and losses.

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Answers from Ehrlich & Naparstek Personal Injury Lawyers

Get answers to the most frequently asked questions about personal injury cases from Ehrlich & Naparstek Personal Injury Lawyers. Learn about your legal rights, the claims process, and how to handle insurance companies effectively.

What should I do immediately after being involved in a pedestrian accident in Florida?

Ensure your safety and seek medical attention. You should also report the accident to local authorities. For more details, visit the Florida Highway Safety and Motor Vehicles.

Who can be held liable for a pedestrian accident in Florida?

Liability can fall on the driver, the pedestrian, or other parties depending on the circumstances. Learn more about liability laws on the Florida Department of Highway Safety and Motor Vehicles.

What are the common causes of pedestrian accidents in Florida?

Common causes include distracted driving, speeding, and failure to yield. The National Highway Traffic Safety Administration provides detailed statistics and information.  

How do I report a pedestrian accident in Florida?

You can report the accident by contacting local law enforcement. More information can be found on the Florida Highway Patrol.

What are my legal rights as a pedestrian accident victim in Florida?

Victims have the right to seek compensation for their injuries and damages. For more information on your rights, visit the Florida Bar.

Can I claim compensation for injuries sustained in a pedestrian accident?

Yes, you can claim compensation for medical expenses, lost wages, and more. The Florida Office of Insurance Regulation provides guidance on insurance claims.

What types of compensation can I receive for a pedestrian accident injury?

Compensation may include medical bills, rehabilitation costs, pain and suffering, and lost wages. For more details, refer to the Florida Department of Financial Services.

How long do I have to file a claim after a pedestrian accident in Florida?

The statute of limitations in Florida is typically four years from the date of the accident. More information can be found on the Florida Legislature's website.

What if the driver who hit me was uninsured?

You may still be able to recover damages through your own insurance or other means. The Florida Department of Highway Safety and Motor Vehicles has resources on dealing with uninsured drivers.

How can I prove that the driver was at fault for the pedestrian accident?

Evidence such as witness statements, traffic camera footage, and police reports can help prove fault. The Florida Highway Safety and Motor Vehicles provides tips on gathering evidence.

Do I need a lawyer to file a pedestrian accident claim?

While not mandatory, having a lawyer can significantly improve your chances of receiving fair compensation. The Florida Bar can help you find a qualified attorney.

What steps should I take if my child was injured in a pedestrian accident?

Seek immediate medical attention for your child and report the accident to authorities. The Florida Department of Children and Families offers additional support resources.

How do pedestrian accident laws differ between cities in Florida?

While state laws apply uniformly, local ordinances may vary. Check with local authorities or visit the Florida League of Cities for specifics.

What role does weather play in pedestrian accidents in Florida?

Adverse weather conditions like rain can increase the risk of accidents. The Florida Department of Transportation provides safety tips for different weather conditions.

How can I prevent future pedestrian accidents?

Stay alert, use crosswalks, and follow traffic signals. For more safety tips, visit the National Highway Traffic Safety Administration



At Ehrlich & Naparstek, we offer comprehensive legal solutions across a broad spectrum of personal injury areas, ensuring our clients receive the dedicated and expert representation they deserve. Our seasoned attorneys are committed to championing the rights of injury victims and securing the compensation they are entitled to. Below is an overview of the key cities and each case type we service in Florida.

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Guidance from Ehrlich & Naparstek Personal Injury Lawyers

Discover valuable tips and insights from Ehrlich & Naparstek Personal Injury Lawyers to navigate the complexities of personal injury cases. Whether you’ve been in an accident or need advice on dealing with insurance companies, our expert guidance will help you protect your rights and make informed decisions. Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach) to schedule an appointment