Pedestrian Accident Attorney in Fort Lauderdale, FL

Types of Pedestrian Accidents in Fort Lauderdale

There are many stunning areas to wander around on foot in Fort Lauderdale. Along A1A and Las Olas Boulevard, these parts of town have much to see. However, other major intersections on Oakland Park Boulevard and Sunrise Boulevard also have an influx of foot traffic.

This makes it more common for pedestrians to be struck by motor vehicles. Often, pedestrian accidents result in serious injuries because those walking have little protection against a vehicle.

When drivers hit pedestrians, it’s usually because they are distracted. Sometimes, speeding is a factor while others may be under the influence of drugs or alcohol. It may also simply be sheer carelessness on the driver’s part, rolling through a stop sign without looking out for pedestrians.

While distracted driving remains one of the leading causes for pedestrian accidents, sometimes pedestrians cause accidents too. Crossing a street without using a crosswalk or disregarding the indicators of when it’s safe to cross are common. Visibility is a factor too, as even prudent drivers have been known to hit a pedestrian because they were not wearing bright or reflective clothing.

But even the drivers and pedestrians have metropolitan design working against them. According to Smart Growth America, in just one decade, the number of pedestrian deaths has risen 45%, as the chart below reveals.

Interestingly, older people, people of color, and those walking in lower-income areas were at the top of the rates. Cities can do their part by reducing speed limits and creating safer designs that provide visual cues for drivers to slow down. Narrower traffic lanes would accomplish this, as would making crosswalks more visible.

Regardless of the type of pedestrian accident, pedestrian accident lawyers can help you recover compensation. Contact Tucker Law today to speak with an experienced pedestrian accident lawyer.

Most Common Pedestrian Injuries

Pedestrian accident victims often suffer severe injuries when they are struck by a car. Even at a slow speed, the impact can lead to catastrophic, life-long injuries. Pedestrian accident lawyers often see some of the most serious injuries with their clients, usually broken or fractured bones, scarring, disfigurement, spinal cord injuries, traumatic brain injuries, and damage to internal organs.

Spinal cord damage and traumatic brain injury are among the most concerning. With regards to the spinal cord, it may lead to paralysis. Brain injuries may prevent you from returning to work in your usual capacity, thus diminishing your income potential.

When you have been hit by a negligent driver, you need a pedestrian accident attorney who will work to get you the maximum compensation. You shouldn’t have to suffer any more because of someone else’s negligence. Contact Tucker Law today to get a free pedestrian accident case review.

Who Is Responsible for a Pedestrian Accident?

Pedestrian accident attorneys are often asked who is at fault in a pedestrian accident. It may not always be obvious though as in some personal injury cases, there may be more than one responsible party. Even the pedestrians themselves could be partly to blame.

The driver of a passenger vehicle, truck, or motorcycle may be liable if they were negligent. It must be proven that they broke traffic laws to hold them responsible. Sometimes in motor vehicle accidents like these, it could be the employer who owns the vehicle someone is driving. For example, if a delivery driver for a major company injured pedestrians, then the employer of that driver may be held liable.

Product liability may also come into play if the vehicle involved in a motor vehicle accident struck a pedestrian due to a faulty part or lack of recall. An injured pedestrian may also be able to prove negligence against the government for failing to maintain the roads or put up proper pedestrian crossing signs.

When a car accident has pedestrians involved, a catastrophic injury is the likely outcome. With a Fort Lauderdale pedestrian accident, you need a personal injury law firm with experience to bring down negligent drivers. Tucker Law is ready to fight for you as your personal injury lawyer. Call today for a free consultation about your pedestrian accident claims.

FAQs

Can a Pedestrian Be Sued for Causing An Accident?

In every traffic accident, liability is based upon negligence. Pedestrians are the most vulnerable in a traffic setting which means all motorists must yield to people crossing the road. However, a pedestrian must also exercise the same prudence by obeying the street signs and pedestrian controls while staying in crosswalks.

Should a pedestrian neglect to be reasonable in action and cause damage to a car, the driver of the car could technically sue the pedestrian. However, this is extremely rare since in most of these types of accidents, the injuries will be severe. Working with a pedestrian accident attorney for your Fort Lauderdale pedestrian accident can help you get the best possible outcome.

How Do I Claim a Pedestrian Accident?

After Fort Lauderdale pedestrian accidents, you will likely need to provide a statement to the driver’s insurance company. Be careful, as the insurance company is in the business of protecting its money. The representative you speak with may seem like they care, but they want to find a way to reduce liability or how much they should pay you for your medical expenses and lost wages. Speak with a pedestrian accident lawyer first to have help navigating your personal injury case.

What Happens If You Hit a Pedestrian In Florida?

According to Florida law, when most pedestrian accidents occur, if it is the driver’s fault then they will be liable for damages. Fault here is determined by general negligence, and Florida is a comparative negligence state. This means that both the driver and the pedestrian could each be at fault.

Right-of-way laws in Broward County and the entire state also help determine who was at-fault in a Fort Lauderdale pedestrian accident.  At the accident scene, if a car has hit a pedestrian in a crosswalk, it’s likely the driver’s fault, but pedestrians may share some of the blame if they do not cross at an intersection. Still, drivers must be more vigilant to avoid pedestrians.

Who Pays for a Pedestrian Car Accident?

In a pedestrian injury claim, personal injury protection (PIP) coverage is usually engaged through the driver of the car. If you were walking and you also have this coverage, your own PIP will cover you if you are injured by another vehicle.

PIP insurance will only cover your medical treatment if you have made physical contact with a vehicle. It is limited to $10,000 when seeking immediate medical attention after an accident. Any overage of this amount would be your responsibility, which is why you may want to work with a Fort Lauderdale pedestrian accident lawyer to help you make a claim against the liable parties.

Fortunately, with comparative fault laws like Florida Statute 768.81, you can retain legal services to help you make your claim even if you were partly at fault. For example, for pedestrians wearing dark clothing at night walking through residential neighborhoods or parking lots, they may incur 10% of the fault, allowing them to recover damages at 90% of the total settlement amount.

A victim’s injuries after a Fort Lauderdale pedestrian accident will usually need extensive medical care and may cause mental anguish for years to come. Don’t worry about legal fees…Tucker Up with Tucker Law. You won’t pay anything unless you get a settlement or your case is won.

When a driver fails to uphold a proper duty of care and pedestrians are involved, the consequences can be dire. The insurance company will likely offer you a much lower settlement than what you need to cover your economic and non-economic damages following this accident. Get the fair settlement you deserve by working with a personal injury attorney at Tucker Law. With a free, no-obligation consultation, you will get valuable legal advice about how to proceed with your case. Contact Tucker Law today!

Tucker Law’s main office is located at 800 SE 3rd Avenue, Suite 300 Fort Lauderdale, FL 33316, about 20 minutes from Fort Lauderdale Beach, less than a mile away from Fort Lauderdale Riverwalk, and about 5 minutes away from the Museum of Discovery and Science. Port Everglades is only 15 minutes away. Matthew Sean Tucker, the principal attorney at Tucker Law, is your trusted source for addressing both personal injury and intellectual property matters. With a proven history of expertise and success, Tucker Law ensures your legal representation instills confidence in every aspect of your case. Call Tucker Law today at 1-800-882-5379 with further questions.