Fort Lauderdale Pedestrian Accident Lawyer

Accidents involving pedestrians are more common than you might think. In 2021, nearly 8,000 pedestrians lost their lives in accidents involving vehicles, according to the Centers for Disease Control, and an additional 129,000 received treatment in emergency departments across the country for injuries. Unfortunately, no statistic can begin to illustrate what happens in the days and weeks following a pedestrian accident.

If you suffered injuries in a pedestrian accident, it’s helpful to discuss your legal options with our pedestrian accident lawyer in Fort Lauderdale at David I. Fuchs Injury Law Firm. To schedule a free consultation with a skilled injury attorney, reach out to us today.

David I. Fuchs Injury Law Firm Can Help You After a Pedestrian Accident in Fort Lauderdale

Dealing with the aftermath of a car accident on your own can be overwhelming. Between insurance claims and managing any physical or emotional damages you may have, it can feel like too much. This is why it’s generally a good idea to hire a pedestrian accident attorney, as they’ll be able to:

• Negotiate a fair settlement with the driver’s insurance company or defense attorney
• Coordinate with your doctors so that you can get the medical information you’ll need to provide to your insurance company
• Organize the evidence and present it coherently in court
• Negotiate with lienholders to reduce the amount on any of your liens

Why Choose David I. Fuchs Injury Law Firm?

When trying to recover compensation for your injuries and losses following a pedestrian accident in Fort Lauderdale, you want to choose the right attorney for your case.

We bring more than 30 years of experience handling pedestrian accident claims across Florida, delivering personalized attention and dedicated advocacy for every client.

Recent Settlements

Speaking of results, we have obtained substantial verdicts and settlements for our injured clients, including numerous six-figure awards for clients injured in pedestrian accidents. We will do everything possible to maximize your financial recovery so you can achieve the fullest physical recovery possible.

Here are some of our recent settlements for our clients:

• $1.8 million for the victim of a traumatic brain injury
• $325,000 for a client hurt in a multi-vehicle accident
• $250,000 in a car accident case
• $225,000 for the family of a victim in a wrongful death lawsuit
• $120,000 in a Broward County car wreck case

For a thorough review of your case from a highly experienced and zealous legal advocate, contact the David I. Fuchs Injury Law Firm today for a free consultation.

Free Consultations for Pedestrian Injury Claims

After suffering injuries or losing a loved one in a pedestrian accident, no one should need to suffer for the negligence of another for being in the wrong place at the wrong time. We approach each case with compassion and zealous representation, providing educated legal advice and representation.

During your initial consultation, our free case evaluation gives you a chance to learn more about your rights and ask questions. We explain the legal process and how we fight for fair compensation.

Recent Client Testimonials

“Had an accident end of 2014 was hit from behind David Fuchs took care of me from beginning to end. My car was repaired immediately and medical attention was given as I needed with no out of pocket to be worried about. Hopefully I don’t have another accident but if I do he will be the first I call again.” — Jason

“David Fuchs’s office provides outstanding legal services He is the consummate professional and battles on behalf of his clients to get them the best possible settlements. I would have no hesitation whatsoever in recommending my family members and friends to his office.” — Nittister

“I am very thankful for the professional and personable treatment Mr. Fuchs provided when I was in an auto accident. He met with me personally, explained the process in detail and set my mind at ease. I recommend his services to everyone I know in need of a great attorney.” — Lynne

Why Are Pedestrian Accidents So Common in Fort Lauderdale?

With over 18.2 million licensed drivers in Florida, the Florida Highway Patrol issued 2.86 million traffic citations. Several factors contribute to Florida’s rank of second only to New Mexico for pedestrian accidents, including:

• Urban sprawl
• Tourist traffic
• Elderly populations
• High-speed roads
• The age of drivers, especially young drivers who are tourists
• Weather, especially strong pop-up showers

Florida’s pedestrian fatality rate is 3.43 per 100,000, second only to New Mexico’s 4.17 per 100,000. South Carolina and Louisiana tied for third with 3.41 per 100,000.

Most Dangerous Intersections for Pedestrians in Fort Lauderdale

Florida’s roads are dangerous for many reasons, including the higher speeds, tourists who may be distracted by GPS devices, and the sheer number of vehicles at intersections. Some of the most dangerous intersections include:

• A1A and Las Olas
• A1A/Fort Lauderdale Beach Boulevard
• Sunrise Boulevard and Andrews Avenue
• NE 26th Street and U.S. 1 (Federal Highway)
• Downtown Fort Lauderdale, particularly around Broward Boulevard
• Oakland Park Boulevard and Federal Highway
• 17th Street Causeway near Port Everglades

What Are the Most Common Causes of Pedestrian Accidents in Fort Lauderdale?

Some of the most common causes of pedestrian accidents include:

• Speeding
• Reckless driving
• Aggressive driving
• Driving under the influence of drugs or alcohol
• Distracted driving
• Jaywalking
• Poorly lit crosswalks
• Congested tourist areas
• Poorly maintained vehicles
• Poorly maintained roads
• Disobeying traffic signals

Other cases include intersections with poor or inadequate signage, as well as weather-related risks such as sun glare and rain.

Common Injuries in Pedestrian Accidents

Of course, people on foot are usually the more vulnerable victims in pedestrian accidents, as they don’t have a giant metal cocoon to provide them with some protection. Statistics on Florida pedestrian accident cases show that it is one of the five states that contribute to nearly half of pedestrian deaths in the entire country each year.

Some common pedestrian accident injuries include:

• Spinal cord injuries
• Traumatic brain injuries
• Broken bones
• Soft tissue damage
• Face and eye injuries
• Internal injuries
• Road rash
• Cuts, scratches, and bruises
• Chemical burns (from fuel)
• Head and neck injuries
• Strains, sprains, and soft tissue injuries

It doesn’t necessarily matter where you’re walking when this happens, be it a sidewalk, crosswalk, or even when you are jaywalking or have the right of way — no place offers more safety than others when it comes to pedestrian accidents. Cars can easily veer off the street and crash into pedestrians. These types of accidents can also happen in parking lots.

Whether you’re navigating an insurance claim or preparing for a personal injury lawsuit, we’re here to offer dedicated representation every step of the way.

What to Do After a Pedestrian Accident in Fort Lauderdale

If you’re a pedestrian who suffered injuries from a car, you may ask yourself what to do. Those who suffered injuries or lost loved ones in any type of pedestrian accident should follow certain steps that can help them strengthen their claim and recover the compensation that they deserve.

Call the Fort Lauderdale Police

It’s wise to file a police report as soon as possible after being hit by a car. However, if you’re too injured to do so, have someone call them for you. If possible, have someone take photos of the accident scene, the car that hit you, and the names and phone numbers of any eyewitnesses. This info will help both the police and your insurance company when you file a claim.

Seek Immediate Medical Attention

Getting hit by a car often leads to lasting injuries. If you’re in serious pain, go to a nearby emergency facility, such as Holy Cross Hospital or Broward Health Imperial Point. Such care is not only favorable for your health but also for your personal injury claim. Insurance adjusters and juries may assume that you didn’t suffer as much if you don’t seek timely treatment for your injuries. Lastly, getting medical treatment creates an official record of your injuries that’s admissible in court.

Document Evidence

If you are able, you can help strengthen your case by gathering evidence at the scene, including:

• Photos and video of the accident scene, including damage to the vehicle that hit you
• Eyewitness accounts
• The driver’s contact information, registration, and insurance information
• Security footage
• Documentation of your injuries from medical records
• Photos of your injuries

Initiating your injury claim promptly lowers the likelihood of insurance companies exploiting you. Skilled legal representation can help you gather documentation and help you meet all of the deadlines, including the statute of limitations and the insurance companies’ very short claim initiation window.

Don’t Discuss Fault at the Accident Scene

You may be too flustered to notice, but keeping quiet about who caused the accident will save you a lot of trouble later. This is because most pedestrians are unaware of the laws surrounding these claims of fault, and assigning blame to the wrong person could create a host of legal troubles down the road. The only person who can truly help you navigate the aftermath of the accident is a pedestrian accident attorney.

Contact Your Insurance Company

We recommend that you contact your car insurance provider immediately after an accident. Most policies extend to pedestrians, too, and will help you successfully make post-accident medical or disability claims.

But don’t tell any insurance company — yours or not — anything but the accident’s date and location, your contact info, and your lawyer’s contact info.

Insurance companies will find any reason to deny a claim or offer a pittance, and they often (usually) twist what you say to place the blame for the accident on your shoulders.

Instead, let your attorney give the insurance companies your version of the facts.

Seeking Compensation After a Pedestrian Accident

Usually, injured pedestrians will seek recourse from the driver who hit them. In some circumstances, however, a third party may be partially to blame. For example, a municipality may be responsible for your injuries if it has faulty traffic control devices, unsafe streets, or a lack of crosswalks in a busy area.

One of the most common questions injured pedestrians ask following an accident is who will pay their medical bills.

The at-fault driver’s insurance company should be responsible for any medical expenses. You may also be able to request compensation for lost wages and the cost of physical therapy or rehabilitation. A Fort Lauderdale personal injury lawyer can guide you through your legal options and advise you on how to proceed with your pedestrian injury claim. With extensive knowledge of Florida’s personal injury law, we can guide you to recover the compensation that you deserve.

What Compensation is Available to Me After a Pedestrian Accident?

Florida law offers two types of damages: compensatory and punitive. Compensatory damages consist of economic (special) and non-economic (general) damages.

Economic damages have a monetary value and include:

• Medical expenses
• Future medical expenses
• Loss of income
• Loss of future earning capacity
• Property damage
• Death-related expenses

Non-economic damages do not have a monetary value. They include pain and suffering, including emotional distress, loss of quality of life, loss of consortium and companionship, inconvenience, and excessive scarring or disfigurement.

Pedestrian accident victims can only recover punitive damages if they can prove the defendant was grossly negligent. Instead of “making you whole,” the court orders punitive damages as a punishment for the defendant’s grossly negligent actions or inactions.

You can recover certain damages through insurance claims (PIP). If the defendant was underinsured or uninsured, and your insurance doesn’t cover all damages, you may have to litigate.

Additionally, if the insurance companies refuse a fair and reasonable settlement, you have the option to litigate.

Filing a Claim Against the Driver Who Hit You

If a vehicle hits a pedestrian, the driver is often at fault, even if the pedestrian was not crossing in a crosswalk. Florida law states that drivers, including pedestrians, should be alert to any hazards on the road. In other words, a driver will usually be at fault for a pedestrian accident unless hitting the pedestrian was unavoidable (for example, the pedestrian tried to beat traffic or didn’t look before crossing the road).

Here’s a caveat: Jaywalking is illegal in most municipalities in Florida, including Fort Lauderdale. Even if the driver fails to avoid hitting a pedestrian, the person on foot may still be partially at fault for jaywalking. The court and insurance companies lower your personal injury claim based on your level of fault because Florida is a “comparative negligence state.”

This concept is easier to understand with an example: Say you were involved in a pedestrian accident and incurred $100,000 in damages. An investigation, however, reveals you were 20 percent at fault for the accident. In this case, your maximum verdict would be $80,000.

Who is Liable for a Fort Lauderdale Pedestrian Accident?

Several people or entities may share the responsibility for your damages and losses, especially when the accident involves commercial vehicles. Depending on your circumstances, your legal team may be able to recover compensation from:

• The driver
• Government entities (due to poor road design and/or maintenance)
• Manufacturers of defective vehicles and/or replacement parts
• A commercial driver’s place of employment
• Others involved in the accident

To recover damages, you must be able to prove that the defendant(s) were negligent. An experienced pedestrian accident attorney can help you prove the four elements of negligence:

• Duty of care owed to others on the road, including pedestrians
• Breach of that duty of care, such as reckless driving, DUI, fatigued driving, or poor road maintenance
• Causation, meaning the driver’s actions or failures directly caused the accident
• Damages, showing that you sustained injuries as a result of the driver’s conduct

What if You Are Partially at Fault for the Accident?

Florida follows a comparative negligence system. Insurance companies and courts reduce your compensation by the percentage of fault they assign to you. Thus, you are eligible to recover damages even if you are partially at fault for the accident.

For example, if you settle for $100,000 or the jury awards you $100,000, but the accident investigation found that you are 20 percent at fault, you would receive $80,000.

Do Pedestrians Always Have the Right-of-Way in Fort Lauderdale?

Under state law, individuals operating motor vehicles have a heightened obligation to avoid crashes with pedestrians. Still, motorists do not necessarily have an absolute duty to use extra caution when faced with pedestrians on or near roadways.

Pedestrians also must abide by traffic devices and laws. For example, most drivers know to yield the right-of-way to pedestrians who are using a marked crosswalk. But what are drivers and pedestrians expected to do when there is no crosswalk?

In the absence of markings or traffic devices, the law expects pedestrians to exercise reasonable judgment and not assume that drivers approaching the area will yield. Also, if drivers have the green light, pedestrians are expected to yield to drivers.

If I Suffer Injuries or Lose a Loved One in a Pedestrian Incident, Who Can I Sue?

When attempting to determine liability in a pedestrian vs. car accident, you must consider several factors. For instance, the injured party (known as the plaintiff) must show that they’ve suffered injuries due to the driver’s (defendant’s) negligence.

You must also show that the driver owed you a duty of care and that the negligent driver breached that duty, thus causing the harm that the pedestrian experienced.

Depending on your situation, proving liability may be complex. That’s why we recommend contacting our team as soon as possible after a pedestrian accident.

How Long Does It Take to Settle a Pedestrian Accident?

The amount of time it takes to settle a pedestrian accident claim depends on several factors, including:

• The severity of your injuries
• Whether (or when) the insurance company offers a fair and reasonable settlement
• Litigation, if the insurance company refuses fair and reasonable compensation

It can take a few months to several years to settle a case, depending on its complexity, or even longer for litigation.

Retaining legal representation can significantly decrease the amount of time, as personal injury attorneys can reduce delays and other tricks insurance companies use to deny claims or offer a pittance. We can also gather evidence such as accident reports and witness statements to support your claim.

Is There a Time Limit for Filing a Pedestrian Accident Claim in Florida?

Florida’s statute of limitations for personal injury claims is two years from the date of the accident. You also have two years to file a wrongful death claim. However, the statute provides for certain exceptions, including government claims, which have a shorter notice period.

If you miss a deadline, you forfeit your rights to compensation. Thus, it is imperative that you contact an experienced pedestrian accident attorney as quickly as possible, as it takes time to investigate the case and gather evidence.

Our Fort Lauderdale Pedestrian Accident Attorney Can Help. Request a Free Consultation Today.

After you’ve received appropriate medical care, get in touch with an experienced Fort Lauderdale pedestrian accident lawyer. Our legal team at David I. Fuchs Injury Law Firm will protect your interests and serve as your legal advocate throughout the process. Insurance companies may try to approach you with a low offer or deflect blame to another party.

We’ll work to achieve a settlement that’s fair and appropriately represents your bills, lost wages, and suffering. Reach out to us today for a free case evaluation. Call our law office at 954-568-3636 or fill out our online form, and we’ll get to work on your case.