When you’re navigating the streets of Coral Springs on foot, you should have every right to feel safe and secure. Unfortunately, pedestrian accidents happen all too frequently in South Florida, often resulting in serious injuries, medical bills, and pain and suffering. If you or a loved one suffered injuries in a pedestrian accident, you may face physical, emotional, and financial challenges. The Coral Springs pedestrian accident lawyers at Kaiser Romanello, P.A. understand the unique hardships pedestrian accident victims and their families deal with. Let us help you seek justice and the compensation you deserve.
Table of Contents
- Why Choose Kaiser Romanello, P.A., for Your Pedestrian Accident Claim?
- How Common are Pedestrian Accidents?
- Do I Have a Pedestrian Accident Claim?
- Who Pays a Pedestrian Accident Victim’s Medical Bills?
- Who May You Hold Liable in a Car Accident Case?
- Can a Pedestrian Be at Fault for Their Own Injuries?
- How can a Lawyer Help with My Pedestrian Accident Case?
- Contact a Coral Springs Pedestrian Accident Lawyer at Kaiser Romanello, P.A., Today
Why Choose Kaiser Romanello, P.A., for Your Pedestrian Accident Claim?
At Kaiser Romanello, P.A., we are committed to providing accident victims in Coral Springs and throughout South Florida with compassionate, skilled, and relentless legal representation.
We work tirelessly to protect your rights and hold the responsible parties accountable. We have recovered millions of dollars in judgments and settlements for accident victims like you. We’re here to guide you through every step of your journey towards recovery and justice.
Contact us today for your free and confidential case consultation. Your well-being and peace of mind are our top priorities.
How Common are Pedestrian Accidents?
Motor vehicles kill more and more pedestrians in the U.S.—roughly 20 each day, according to the Governors Highway Safety Association. Last year, drivers killed over 7,500 pedestrians, a grim statistic that has risen steadily since 1981 and even more significantly since 2010, thanks to the prevalence of larger vehicles like SUVs on the road. According to the Florida Highway Safety and Motor Vehicles, 9,450 pedestrian accidents in Florida last year resulted in 7,285 injuries and 817 deaths.
The most common cause of pedestrian accidents is human error. When a motorist drives carelessly or negligently and collides with a pedestrian, the injuries can be catastrophic or deadly.
Pedestrian accident victims and their families may recover compensation for their injuries and other losses. An experienced pedestrian accident attorney with Kaiser Romanello, P.A., can help you seek the justice you deserve.
Do I Have a Pedestrian Accident Claim?
To have a pedestrian accident claim, you must show that the driver’s negligence. To establish negligence and, thus, succeed in a pedestrian accident case, the injured pedestrian typically needs to prove four key elements.
These elements are the foundational components of a negligence claim in personal injury law:
- Duty of Care: The plaintiff (injured pedestrian) must demonstrate that the defendant (the driver) owed them a duty of care. In pedestrian accidents, drivers generally have a duty to exercise reasonable care and caution to avoid harming pedestrians on the road.
- Breach of Duty: The plaintiff must show that the defendant breached their duty of care. This means proving that the driver failed to act reasonably or negligently in some way, such as by speeding, running a red light, failing to yield the right-of-way to a pedestrian in a crosswalk, or otherwise violating traffic laws or regulations.
- Causation: The plaintiff must establish a direct causal link between the defendant’s breach of duty and the injuries sustained. In other words, the plaintiff must demonstrate that the accident and resulting injuries were a direct result of the driver’s negligent actions.
- Damages: Finally, the injured pedestrian needs to prove that they suffered actual damages or harm as a result of the accident. Damages can include physical injuries, medical expenses, pain and suffering, lost income, and other losses directly related to the accident.
Who Pays a Pedestrian Accident Victim’s Medical Bills?
In Florida, the responsibility for paying a pedestrian accident victim’s medical bills can vary depending on the circumstances of the accident and the insurance coverage of the parties involved.
Florida is a no-fault insurance state, so in many cases, a pedestrian injured in a car accident must turn to their own Personal Injury Protection (PIP) insurance to cover their medical expenses. PIP insurance is mandatory for all Florida drivers and typically covers the policyholder’s medical bills and lost earnings. The PIP policy of a resident relative may cover pedestrians who do not own cars.
Floridians are only required to carry a minimum of $10,000 per accident in bodily liability insurance. Pedestrian accident injuries can result in serious injuries requiring more extensive medical treatment.
The minimum PIP requirement may not cover the cost of all the pedestrian’s injuries. In this case, the injured pedestrian may file a claim against the driver’s insurance company for medical expenses that exceed their coverage. The pedestrian may also seek compensation for pain and suffering damages if their injuries are permanent and meet certain criteria under Florida law.
Who May You Hold Liable in a Car Accident Case?
In a pedestrian accident, liability can extend to various parties. The primary party you can hold liable is typically the one whose negligent actions or failures led to the accident. But multiple parties may share liability, and you may seek compensation from more than one party. Here are some parties who you may hold liable in a pedestrian accident:
Motor Vehicle Drivers
Motor vehicle drivers are frequently the primary parties held liable in pedestrian accidents. This includes drivers of cars, trucks, motorcycles, bicycles, and other types of motor vehicles. You can hold drivers liable if they were negligent in their actions, such as speeding, running red lights or stop signs, failing to yield to pedestrians in crosswalks, driving under the influence of drugs or alcohol, or engaging in distracted driving.
In some cases, liability may extend to property owners or managers if hazardous conditions on their property, such as poor lighting, uneven sidewalks, or icy walkways, contributed to the accident. Property owners must maintain reasonably safe conditions for pedestrians.
Liability may also involve government entities responsible for road maintenance and traffic control. If a hazardous road condition caused or exacerbated a pedestrian accident, lack of proper signage, malfunctioning traffic lights, or other issues related to road infrastructure, you may hold the government agency responsible for that area liable.
Manufacturers or Maintenance Companies
In rare cases, if a defect in a vehicle or road infrastructure contributed to the accident, liability could extend to the manufacturer of the vehicle or the company responsible for maintaining the road.
Can a Pedestrian Be at Fault for Their Own Injuries?
While pedestrians generally have the right-of-way in crosswalks and at intersections, they can also be held partially or fully liable if their actions contributed to the accident. For example, if a pedestrian jaywalks or walks into traffic without looking, they may share some of the responsibility for the accident.
Unfortunately, insurance companies know that if they can get injured pedestrians to admit that their actions may have contributed to the accident in any way, they can use this against you to devalue or even deny your claim. For this reason, limit your conversations with the insurance company to the hard facts or, better yet, let your lawyer handle discussions with the insurers to ensure your rights are protected.
How can a Lawyer Help with My Pedestrian Accident Case?
A lawyer can play a crucial role in helping you with your pedestrian accident case. Here are some ways a personal injury lawyer from Kaiser Romanello, P.A., can help with your case:
Our personal injury lawyers understand the laws and regulations related to pedestrian accidents in Coral Springs. They can provide you with expert guidance on the legal aspects of your case, ensuring that you follow the correct legal procedures and meet deadlines.
Your attorney can conduct a thorough investigation into the circumstances of the accident. This includes gathering evidence such as accident reports, witness statements, photographs, surveillance footage, and any other relevant documentation to build a strong case.
Your lawyer can help determine who is liable for the accident. They will assess the actions of the driver, the pedestrian, and any other potential parties to establish negligence, which is crucial in proving liability.
Negotiations with Insurance Companies
Insurance companies may offer you a settlement soon after the accident. Your attorney can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries, medical bills, lost wages, and other damages. They will work to maximize your settlement and protect your rights.
If a fair settlement cannot be reached through negotiations, your lawyer can file a lawsuit on your behalf and represent you in court. They will present your case, provide evidence, and argue for your right to compensation before a judge and jury.
Your attorney will develop a legal strategy tailored to the specifics of your case. They will use their knowledge and experience to navigate the complexities of the legal process and ensure that your rights are protected at every stage.
Peace of Mind
Hiring an attorney allows you to focus on your recovery while they handle the legal aspects of your case. This can alleviate stress and anxiety during a challenging time.
Contact a Coral Springs Pedestrian Accident Lawyer at Kaiser Romanello, P.A., Today
If you’ve suffered injuries in a pedestrian accident in Coral Springs, don’t wait to seek the justice and compensation you deserve. Your rights and well-being are our priority, and we’re here to fight for you.
Contact Kaiser Romanello, P.A., today (844) 877-8679 or through our online form for a free, no-obligation consultation. Our experienced pedestrian accident lawyers are ready to listen to your story, evaluate your case, and provide the legal guidance you need.
By taking action today, hiring a Coral Spring personal injury lawyer you’re one step closer to securing the financial resources necessary for your recovery, holding the responsible parties accountable, and, ultimately, finding the justice you deserve.