Pedestrian Accident Lawyer in Fort Lauderdale
Accidents involving pedestrians are on the rise. With improved car safety, more and more lives have been saved following a severe incident. However, pedestrians have been faring far worse. According to the Governors Highway Safety Association, pedestrian fatalities have increased by 35% between 2008 and 2017, while combined traffic deaths for all other types of accidents have declined by 6% in the same period.
Florida is not immune to the increase in pedestrian fatalities. Between 2017 and 2018, pedestrian fatalities have increased 1%, and Florida is one of five states that make up over 46% of all pedestrian deaths in the United States.
If you were a pedestrian injured in an incident with a motor vehicle a Fort Lauderdale pedestrian accident lawyer can help. We have the necessary experience working with insurance companies to help ensure you get the best settlement possible. And in cases where a settlement agreement is inadequate, we have the expertise needed to succeed in a lawsuit for compensation. Call us at Schlacter Law today.
With the size of the average American car increasing year over year, the damage they cause to pedestrians following an incident increases year over year as well. Some common pedestrian injuries include:
- Broken bones
- Internal bleeding
- Spinal cord injuries
- Brain injuries
- Emotional distress
- Pain and suffering
Pedestrian accident injuries can be costly. Medical bills and long-term care can add up and these costs can continue for years. Additionally, pain and suffering, and emotional distress can take a personal and financial toll. Understanding the long-term ramifications of an accident are essential in knowing how much compensation is required to make a plaintiff whole. Schlacter Law has the necessary experience to assist you after a pedestrian accident.
What to do After Accident in Fort Lauderdale
Following a pedestrian accident, it is important to seek medical care as soon as possible. Even if some injuries appear minor, an evaluation with a trained medical professional can help prevent small issues from turning into bigger ones. Some injuries may appear minor at first, but if left untreated could become far more severe than anticipated. If necessary, call 911 and use an ambulance to visit a doctor.
You may also need to call 911 to file an incident report. It is important to have the police document what occurred, including the name and information of the driver, and the circumstances surrounding the accident. Even if the police take this information down for a police report, be sure to write down any important information you can recall immediately following the accident. This might include:
- The date and time the accident occurred
- The location of the accident
- The make and model of the vehicle involved in the incident
- The name of the driver and their license number
- The license plate of the vehicle involved in the incident
- The driver’s insurance carrier and policy number
- The names of any witnesses to the accident
- The names of any passengers in the vehicle
- The weather conditions at the time of the incident
- Any traffic signs or lights at the location of the accident
- Your destination at the time of the incident
This information could be used by a pedestrian accident lawyer to help determine liability following the accident. If necessary, an insurance claim may need to be filed on your behalf. Additionally, the insurance company may also require this information. If a settlement isn’t reached and a lawsuit is filed, these details could be the difference between a successful lawsuit and one that fails to adequately compensate for any injuries.
After recording as much as you can remember following the accident, be sure to contact a pedestrian accident lawyer as soon as possible. In Florida, there is a limited amount of time a plaintiff can file a lawsuit following an injury, and this time period begins the moment the accident occurred. A Fort Lauderdale pedestrian accident lawyer can help ensure that these deadlines are properly met, and can help guide you through the process.
Common Insurance Issues
As a pedestrian, there are several issues that may occur following a traffic incident. In Florida, the bare minimum requirement for car insurance is $10,000 for PIP and $10,000 for property damage. In cases where a pedestrian is hit by a car, the first step is to contact the driver’s insurance carrier to file a claim however, bodily injury coverage is not required in Florida
In cases where the driver’s insurance coverage is inadequate to pay for the costs of any injuries or property damage, it may be necessary to sue the driver directly for any amount not covered by their insurance. Unfortunately, it is rare that a driver has sufficient funds to pay for any damage themselves out-of-pocket. Under these circumstances, other avenues may be necessary to seek compensation.
When a driver’s coverage inadequately covers the damage following a pedestrian incident, a pedestrian may be able to file a claim with their own insurance company, even if they weren’t in a car at the time of the accident. Additionally, if you purchased additional uninsured or underinsured insurance, it may be possible to receive additional compensation through a claim for this coverage, also through your own insurance company.
A pedestrian accident attorney understands the complexities involved in pedestrian accident lawsuits and can help you get the compensation you deserve. Call a Fort Lauderdale attorney today for a consultation.
How We Handle Cases
- Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
- You will remain in constant contact with Schlacter Law about the progression of your case.
- Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
- Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
- If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
- At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.
Frequently Asked Questions
Average compensation for a victim who was hit by a car will take into account the severity of the injuries and the long-term costs associated with them. Because of the various factors that make up these costs, it is impossible to calculate the average amount of compensation without knowing the specifics of your case. To get a better idea of the amount of compensation available, call a pedestrian injury lawyer at Schlacter Law today
Due to the complexities of each accident, it is difficult to come up with an average settlement amount for a pedestrian hit by a car. This calculation would need to include the costs of medical treatment for any injuries, as well as long-term care, property damage, pain and suffering, and a myriad of other factors. If you were a pedestrian that was hit by a car, be sure to speak with a pedestrian attorney at Schlacter Law today to help evaluate the value of a claim.
Florida’s statute of limitations requires a lawsuit to be filed within four years from the time the accident occurred for a negligence lawsuit against the at-fault driver. The statute of limitations in a first-party claim (a claim for UM (underinsured/uninsured motorist benefits)) has a statute of limitations of five years for a breach of contract action. If a lawsuit is not filed within these windows it may be dismissed and no compensation would be available. Due to the importance of adhering to the statute of limitations, it is imperative to speak with an accident lawyer sooner rather than later. Call Schlacter Law today for a consultation.