Pedestrian Accident Lawyer in Hialeah
Pedestrian Accident Lawyer in Hialeah
June 18, 2020 admin

Pedestrian Accident Lawyer in Hialeah

Florida is one of the ten worst states for pedestrian fatalities in the United States. According to U.S. News and World Report [1], Florida is ranked the fourth worst state for pedestrian accidents, with over 330 deaths in the first half of 2018 alone. Florida is one of just five states that make up almost half of these traffic-related fatalities in the U.S.

If you were hit by a car, a Hialeah pedestrian accident lawyer can help. From negotiating with insurance companies, to filing personal injury and wrongful death lawsuits, our lawyers have the experience needed to ensure that you get the compensation you deserve. 

Where are bystanders run over most in Hialeah?

It’s no surprise that a large number of pedestrian accidents occur in crosswalks. As the primary point for crossing a busy intersection, crosswalks are the most common place where vehicles and people share the same section of roadway at the same time.

There are several common scenarios where pedestrians are more likely to be hit by a vehicle, including:

  • Distracted drivers – Accidents occur often when the driver of a vehicle is too distracted to see someone on the road. Distractions often occur when a driver is using their cell phone or texting while operating their vehicle
  • Failure to observe appropriate crosswalk signals – When a traffic signal indicates that it isn’t safe to cross in a crosswalk, pedestrians oftentimes fail to heed the warning and cross anyway, putting themselves in harm’s way
  • Left-turn accidents – Statistics have shown that these types of accidents occur more often when a driver is making a left-hand turn rather than a right-hand turn. This might be attributed to the greater number of elements a driver must keep track of at the same time while turning left, including navigating opposing traffic, traffic signals, and people in the road
  • Drunk driving – Vehicle operators under the influence of alcohol can impair their reflexes and lessen the likelihood that they will see a pedestrian in their pathway before it is too late

Additionally, the types of vehicles that drive on our roads play a large part in these types of accidents. As American’s taste for larger cars has increased, so have the number of pedestrian-involved accidents. With larger vehicles come heavier and more powerful engines, as well as larger blind spots. Even with new technology such as backup cameras and warning detection devices, the Insurance Institute for Highway Safety has found that SUVs have contributed to an 81% increase in the number of people killed since 2018.

In response to some of the causes of pedestrian accidents in Hialeah, the Florida legislature has enacted laws to try and keep people safer while sharing the roads with vehicles. This includes Florida Statutes §316.305.3(a), which bans texting while driving in Florida. The statute states that “a person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device.”

Even in cases where someone may have contributed to an accident, they may still be entitled to compensation. This is where a pedestrian accident lawyer can help. Schlacter Law has the experience needed to evaluate the circumstances surrounding an accident to help determine what compensation is available. Contacting a Hialeah pedestrian accident attorney immediately following an accident may increase your chances of getting the compensation you deserve.

Common Accident Injuries

When a person is hit by a car in a crosswalk there are several common types of injuries that occur. These injuries might include:

  • Broken bones
  • Fractures
  • Sprains
  • Internal injuries
  • Cuts and lacerations
  • Soft tissue damage
  • Head and traumatic brain injuries
  • Spinal injuries
  • Amputations
  • Death

Injuries sustained after someone is hit by a car can cause lifelong pain and suffering. Typically, a pedestrian accident victim would be required to pay for their medical care out of their own pocket. Ongoing medical care could include:

  • Hospitals bills
  • Ambulance bills
  • Physical therapy
  • Long term therapy
  • Medications
  • Doctor bills

Following an accident, a victim would hope to be compensated by the driver who hit them. The first avenue a lawyer would use in seeking compensation would be filing a claim with the driver’s insurance company. Florida requires minimum insurance coverage for drivers within the state, including:

  • $10,000 property damage liability
  • $10,000 personal injury protection

While these amounts are helpful, oftentimes it is inadequate to fully compensate a pedestrian hit by a car in a crosswalk. Even if the driver’s insurance policy had more than the minimum insurance required under Florida law, the insurance company may attempt to deny a claim. For these reasons, it is essential to keep a record of any bills or charges paid as a result of the accident as proof of the actual costs. These records could be used by a pedestrian accident lawyer to show how much was paid out of pocket, and how much an insurance settlement would need to pay out to fully compensate a pedestrian accident victim.

In the event that the vehicle driver had inadequate insurance coverage, or the insurance company denies responsibility, it may be necessary to have a lawyer file a lawsuit to seek compensation for any injuries that occurred. A pedestrian accident lawyer can help. Understanding how to navigate insurance companies is tricky. While it is possible to negotiate on your own, a Hialeah pedestrian accident lawyer has the skills necessary to ensure that you get the most compensation possible. Call us today for a consultation.

How We Handle Cases

  1. Investigation
    • 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.
  2. Negotiation
    • 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.
  3. Litigation
    • 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

What if the pedestrian was at fault?

The amount of compensation available to a plaintiff would depend on how much fault can be attributed to their actions. Florida follows the doctrine of contributory negligence where a plaintiff’s award is reduced by the percentage they are found to have contributed to the accident. If the plaintiff was 80% responsible for an accident they might still be able to receive 20% of the compensation they otherwise would have been awarded.

What is the average settlement for pedestrians hit by a car in Hialeah?

Without looking at the specifics of a case it is difficult to determine how much compensation a pedestrian accident victim would be entitled to. Compensation would vary based on the extent of any injuries, how much property damage existed, whether or not medical assistance would be on-going, and how much the pedestrian contributed to the accident. Call a pedestrian injury lawyer today so we can help evaluate your claim.

What if a pedestrian was jaywalking when they were hit by a car?

If a pedestrian was jaywalking, and jaywalking contributed to the accident, then the plaintiff may be found contributorily negligent and any compensation they would normally receive would be reduced by the percentage of responsibility attributed to them.