After a pedestrian accident, you may already have doctor appointments, missed work and calls from insurance companies to deal with before you've had a chance to learn about the next steps. Our pedestrian accident lawyers can guide you through what evidence you should save, what insurance coverage you might have, and what you should take care of first.
Goldman Daszkal & Stallone is a Deerfield Beach personal injury law firm that helps people who have been injured in a pedestrian accident. If you were struck while crossing the street or walking on a South Florida sidewalk, we invite you to schedule a free consultation so you can talk with our legal team about what happened. We'll help you figure out what needs immediate attention and what still needs investigation.
Steps to Take After a Pedestrian Accident
If you require emergency assistance, call 911. Seek medical care and follow your healthcare provider’s advice. You may not be fully aware of your surroundings at this time. Avoid standing in the middle of the road to photograph the scene or gather any information. Ask someone to help gather information only if it is safe for them to do so.
Store the driver and witness contact information, the police report number, and insurance details in a secure place. If it is safe, take photos of where you stood, where the car stopped, crosswalks and traffic signals. Even if you cannot take a picture of the actual accident, these images can be useful. Keep all original files intact. Do not alter any of the photos.
When you are able, write down what you remember. Try to recall the spot where you were walking, the direction you were walking, whether the driver was making a turn, the traffic light you were facing, etc. Do not mix up your own recollections with statements made by others after the fact. If you cannot recall something, state that fact instead of speculating.
Collect and keep your bills, discharge papers, notes of doctor appointments and a record of work missed. Keep these in one location.
If someone calls you from an insurance company, write down the date of the call, the person’s name and the insurance company and what they asked for. Call a lawyer to find out if you are required to provide a recorded statement or to sign a release. Some insurance policies require you to cooperate. It’s usually not a good idea to ignore the calls.
How a Pedestrian Accident Lawyer Investigates Common Causes
It’s important to understand all factors that could have contributed to your accident, including the driver's attention and speed, whether they were turning, visibility, traffic signals and your position in the roadway. While understanding the common causes of pedestrian accidents can be helpful, it is essential to prove how your specific accident actually occurred.
For instance, imagine you are struck at an intersection by a turning car. You may have a witness who observed the crash and can testify as to what they saw, but perhaps they didn't see if the walk signal was active. In such a scenario, video from a business or property nearby might be useful to demonstrate when you entered the crosswalk and how the vehicle was moving. Police reports, medical records, and photographs can also help clarify what happened. Video is particularly time-sensitive because some property owners will overwrite or destroy it. If you saw a camera that could assist, let your attorney know, even if you don't get the footage yourself.
Goldman Daszkal and Stallone's pedestrian accident team investigates crashes, collects evidence, consults with medical professionals, and communicates with insurance companies. During a free consultation, ask your attorney which documents are crucial to your claim and if any need to be secured right away.
Do Pedestrians Always Have the Right of Way?
No. Right of way depends on the location, signals and circumstances. Just because a pedestrian is not in a crosswalk does not automatically settle the issue.
Florida’s pedestrian laws require people on foot to obey traffic signals and prohibit pedestrians from entering a path of traffic where an approaching vehicle cannot safely yield. However, Florida law requires drivers to stop or yield for pedestrians in crosswalks under certain situations, as well as exercise due care to avoid striking a pedestrian.
What If the Driver Says You Were Partly at Fault?
An accusation is not a finding. Under Florida's comparative fault statute, your share of fault can reduce recoverable damages. In negligence actions covered by the current rule, a person found more than 50% responsible for their own harm cannot recover damages.
Tell your attorney everything that happened, even if it does not look good on your end. Did you have a blocked view? Was there any dispute as to whether the light had changed? Facts that occurred before the crash are often very significant. Your attorney can look at the law and advise you as to whether and how an allegation of comparative fault will impact your claim.
Insurance Companies and Your Pedestrian Accident Claim
After a car accident involving a pedestrian, auto insurance may be relevant, such as personal injury protection coverage or the driver's liability insurance.
If you or a member of your household has auto insurance, provide a copy of the policy to your attorney so that he or she can evaluate whether it applies based on the legal issues at hand and the policy language.
Under Florida’s personal injury protection statute, a person struck by a motor vehicle while outside a vehicle may qualify for medical benefits in some circumstances. Initial qualifying services and care within 14 days of the accident are a condition for medical benefits under that law. This has nothing to do with the deadline for filing a lawsuit but is a requirement to have medical bills paid, if the PIP policy applies. However, even if you were treated promptly, this does not mean your bills will be paid.
If the driver who hit you was not insured or fled the scene, tell your lawyer right away so counsel can explore all the facts about the car and which insurance may cover your losses. Coverage depends on the available policies and the circumstances of the crash.
Documenting Pedestrian Accident Injuries Over Time
Pedestrian injuries may require treatment beyond the first trip to the emergency room. It is possible that you will continue to seek treatment while your insurance claims remain unresolved.
It is helpful to communicate with your lawyer about the treatment you received and any physical therapy prescribed. These visits lead to new records and associated bills, and your lawyer needs to have a complete understanding of your situation and medical costs. If you were unable to be treated because of transportation problems or other reasons, tell your healthcare professional, and your lawyer. Your medical decisions should be governed by your healthcare professional, not your lawyer.
Your injury claim may involve losses beyond the first hospital bill. If serious injuries affect your work, walking, driving or ability to manage household tasks, make dated notes of those limitations and tell your lawyer.
Add those dated notes to the file you started after the accident. They are easier to use than trying to reconstruct months of treatment and missed work from memory.
Damages in a Pedestrian Injury Case
Your attorney uses these records to link specific damages to the accident. Medical bills and loss of earnings call for different documentation than pain and suffering or a diminished quality of life. You also need to document projected costs, since we don't know whether today's hardships will continue forever.
Documentation of missed workdays, combined with payroll statements, can support a claim for lost wages. If you're able to keep your job, but you can no longer do certain things, describe what you're unable to do and why. The goal is to create an accurate record of your losses.
In some cases involving a Florida motor vehicle accident, you must reach a certain injury threshold to make a claim for pain and suffering. The above categories may not apply in every scenario, so ask your lawyer to review the applicable law before you sign any settlement.
A settlement may or may not be appropriate in light of all of the factors involved: severity of your injury, contested liability, anticipated future needs, insurance policy limits, etc. It is hard to say how much money you should expect because your case isn't yet fully developed, and you have more to learn about legal issues. Signing a release can mean giving up the rights specified in that agreement. The release may waive rights even if it turns out later that you were injured more severely than you had initially thought. Before you sign, make sure that someone explains the terms to you.
The Statute of Limitations for a Pedestrian Accident Lawsuit
A personal injury claim can involve deadlines before any lawsuit is filed. Perhaps you need to notify an insurance company or keep a piece of evidence intact. If you are approaching the deadline for filing a claim, mention that when you first contact your attorney; don't wait until you've gathered your documentation.
The statute of limitations for a negligence case in Florida is usually two years. But that timeframe varies based on the type of case, when the accident occurred, and various exceptions to the rule. Don't assume negotiations or an open insurance claim extend the filing deadline. Talk to an attorney about your situation under Florida's limitations statute.
Will You Need to File a Personal Injury Lawsuit?
A pedestrian accident case might reach a resolution without going to trial, but you could need to file a lawsuit. The attorney should walk you through your legal options and how the process will work if you choose to pursue a claim. Have the attorney explain the probable next steps, including obtaining records, giving depositions and making settlement decisions, without promising an outcome.
If you decide to reject an offer, find out why both parties aren't in agreement over the case: Is there a dispute about fault? Are there disagreements about the amount of damages? Is there a lack of supporting evidence? Your lawyer should help you figure out whether gathering more documentation or getting expert opinions could bridge the divide. Also, ask what going to court entails if you file a lawsuit.
Filing a lawsuit doesn't mean you'll recover more money, so weigh all the options with your attorney before taking action.
Choosing a Pedestrian Accident Attorney in South Florida
Make a list of your questions before the meeting and take notes during it. Ask for plain-language explanations you can use when comparing firms:
- What is your experience handling pedestrian accidents like mine?
- Who will represent me, respond to my questions and update me on progress?
- What evidence should be gathered or preserved at this time?
- Which insurance policies will you investigate?
- What else needs to be uncovered?
- How will you determine if I should accept a settlement or pursue litigation?
Get the Details About Legal Fees
How is your legal fee calculated? How are expenses paid, and how are settlements distributed?
At Goldman Daszkal & Stallone, we take our pedestrian injury cases on a contingency fee basis, meaning your attorney's fee is based on a recovery. Be sure to ask how case expenses are handled, including what happens if there is no recovery. Whatever the arrangement, it should be set out in a written agreement.
Be aware, however, that a fee arrangement does not guarantee the outcome of your case.
For more information, you can contact the law office of Goldman Daszkal and Stallone by calling (954) 428-9333 or requesting a consultation online. The firm’s Deerfield Beach office is located at 1630 West Hillsboro Boulevard, Deerfield Beach, FL 33442.
During your free consultation, bring any information or documents you can. Talk about what happened during the accident and what concerns you have. There’s no need to have all the facts at this stage of the case, but let the firm know if you have any immediate concerns or questions about insurance or medical coverage, as well as important deadlines.
This article is for informational purposes only. It does not constitute legal advice and does not form an attorney-client relationship.
