Pedestrian Accident Lawyer – Our West Palm Beach Pedestrian Accident Lawyers are the people you can contact directly. We are a small company. We like it that way. We are hardworking and efficient. We know our customers and they know us. You’re not a file, you’ve become part of the family. As an attorney representing your best interests in an accident case, it is important to know and understand your concerns. Our company is here to help. Our goal is to get you compensated for your injuries, your job is to focus on healing. Call us at (561) 746-7076.
The number of pedestrians struck by vehicles is increasing in Florida and across the United States. Pedestrians are often hit by cars because:
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The results are that a person walking or running is seriously injured, sometimes leading to death. When this unfortunate accident occurs, call the Law Office of Roger P. Foley, located in West Palm Beach at (561) 746-7076. Always consult an attorney.
Why Engaging A Personal Injury Lawyer Is Crucial Following A Pedestrian Accident
You must file a Florida personal injury claim within four (4) years of the pedestrian accident to preserve your rights, while you must file a wrongful death claim within -within two (2) ) year.
To initiate a negligence claim against a driver, the injured party must prove that the driver was at fault for the accident. Without establishing negligence on behalf of the driver, the pedestrian will not receive compensation for the injury. In Florida, the claimant must establish liability, unlike in the country of Nepal where “The rule of thumb is if a pedestrian is hit, it is always the fault of the motor vehicle” –
Next of kin can file a claim if a family member dies due to a pedestrian accident. This is called a wrongful death act. The family can receive compensation for medical and funeral expenses, pain and suffering before death, and loss of companionship. Don’t hesitate, contact a lawyer today.
In a civil lawsuit, a plaintiff must prove negligence by a preponderance of evidence, which means a little more than fifty percent (50.01). The complainant must prove that:
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You can get paid money if you can prove negligence, see above. At that point you can collect from the driver’s Personal Injury Protection (PIP) policy covering up to ten thousand dollars. After that, any bodily injury coverage will apply and you may receive additional money to pay the rest of your medical bills, lost wages, and pain and suffering.
Personal injury protection (PIP) is no-fault insurance that covers medical bills resulting from a car accident. It helps drivers, passengers, and pedestrians in an accident. As stated above PIP covers up to $10,000 in medical expenses.
After a car crash, it’s important to seek immediate medical attention. Many people hesitate to go to the hospital because they fear how the bills will be paid. Many of us live paycheck to paycheck and don’t have the necessary funds for a full education. Don’t bother. Everyone in Florida must have PIP in the amount of $10,000. If that’s all the coverage the negligent driver has, you’ll look at your Uninsured Motorist coverage. If you have uninsured motorist coverage, your insurance will step into the position of the negligent party and pay. If not, you have UM coverage then your health insurance kicks in. If you don’t have health insurance you can ask hospitals to waive their fees. This is referred to as pain care and hospitals often make millions of dollars each year for sick people. Contact an attorney immediately if you have been the victim of a pedestrian accident.
Q: Should I hire an attorney if I am a pedestrian and hit by a car in Palm Beach County?
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There is no law that says you have to hire a lawyer, but statistics overwhelmingly prove that using a lawyer increases the amount of compensation a victim receives. A personal injury attorney cannot recover your damages, but they can use their training and experience to maximize your recovery. A study by the Insurance Research Council revealed that “a personal injury victim represented by an attorney won 3.5 times more in settlement compensation than an unrepresented victim.” Insurance companies have been known to deny liability or make lowball settlement offers to unrepresented victims. Remember they are in the business of making money. The less they give you, the more they do.
Q: How do I get paid for my injuries, if I am the victim of a pedestrian accident in Florida?
As long as you can show responsibility on behalf of the other party, usually the driver, you have the right to make a claim. Florida law uses comparative negligence. See Florida Statute 768.81. Even if the accident was partially your fault, you have the right to seek compensation for your injuries. For example, a pedestrian jogger was found 35% to blame for the accident for not using the crosswalk. Their percentage of fault will be deducted from the full amount of their case. That means if the damage is worth $100,000 they will get $65,000. That is the total amount of damages ($100,000) less compensatory negligence of $35,000 resulting in a total collection of $65,000.
Personal Injury cases, such as car and pedestrian accidents, are subject to a contingency fee. You will pay nothing out of pocket. When we collect the money, we will receive a portion of the settlement or judgment. Contingent fees are regulated by the Florida bar and are the same for all attorneys. Our main goal is to get you as much money as possible for your injuries.
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The time it takes to fix a pedestrian accident depends on three main factors: The size of the insurance coverage policy, the extent of the damage, and what percentage of fault is assigned to each person. If the driver is 100% at fault and the damage is severe, insurance will likely pay out quickly. If the limits are very high, and the damage is small, but the injured person needs a long period of physical therapy, the treatment will continue until the patient reaches the maximum medical benefit. In such cases, insurance companies will delay payment.
This is a fancy way of saying that the victim, the injured party, must be harmed for life to recover non-economic damages. Specifically, Florida statute 627.737(2) states that to recover tort damages for pain, suffering, mental illness, and inconvenience you must:
Florida’s Threshold Tort applies only to incidental damages such as pain and suffering and does not apply to economic or actual damages, such as medical bills and out-of-pocket expenses.
Insurance companies often insist that the injured party, the plaintiff, is not permanently injured. The answer is that permanent damage is within a reasonable degree of medical certainty.
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In each example let’s assume that the truck or car driver was negligent because all drivers are expected to obey traffic laws.
Example 1: A silver BMW is traveling on Palm Beach Gardens Blvd. The posted speed limit is 45 mph, but the driver of the vehicle was speeding at 65 mph and was changing lanes to avoid stopping at the traffic light. In doing so, he failed to stop and struck a pedestrian in the crosswalk. The pedestrian has a catastrophic injury; 13 broken bones, a traumatic brain injury and a ruptured spleen.
Example 2: A couple arrives at Publix, in Jupiter, and parks their car. They left their car and took a shopping cart from the corral. While walking in the parking lot, the car suddenly turned around and hit the wife. He fell to the ground breaking his ankle and hip. Paramedics soon arrived and took the injured woman to the hospital.
When driving, drivers must assume that pedestrians are nearby. Even a slow-moving car hitting a pedestrian can result in serious injury.
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If the pedestrians were drunk and found to be more than fifty percent (50%) at fault, the case will not succeed. See Florida Statute 768.36
If you are a pedestrian and you are hit by an uninsured car or the insurance is insufficient to cover the cost of your injuries, you can claim compensation from your own insurance company. A pedestrian victim can seek payment from their own insurance company if they have uninsured motorist coverage. Contact a West Palm Beach pedestrian accident attorney today.
A pedestrian accident can happen at any time. When this happens, it is a terrible accident. A personal injury attorney looks for the victim’s negligent driver’s bodily injury coverage or uninsured motorist coverage to help them get maximum financial compensation.
Car makers have taken great strides
