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Pedestrian Accident Litigation
Why Do You Need a Pedestrian Accident Lawyer?
Motor vehicle accidents involving pedestrians often lead to devastating and life-altering injuries and consequences. At Osborne & Francis Law Firm, our accident attorneys understand the intensely emotional and stressful nature of pedestrian accidents. We work hard to minimize your financial and legal burdens caused by the accident.
If you or a loved one have been involved in a pedestrian accident, it is crucial to seek legal representation as soon as possible, as there are filing deadlines that must be met before the window of opportunity closes. Such concerns are your lawyer’s responsibility, however — your priority is healing and putting your life back together as best as possible.
The attorneys at Osborne & Francis can help by removing the burdens and worries of the legal process from your shoulders. We are experienced in handling pedestrian accident cases, and will work tirelessly to secure justice for you and your family. Contact us at our Orlando, Florida headquarters online or by calling (561) 293-2600 to discuss your needs for representation. Read on to learn more about pedestrian accidents and your rights under the law.
How Much Is My Pedestrian Accident Case Actually Worth?
The value of each pedestrian accident case depends on many factors, including the severity of the injuries, who or what was at fault, and whether the driver has insurance. There is no general answer to this question, as all accidents and their resulting injury costs are unique.
That being said, an experienced pedestrian accident attorney will have a good idea of how much your case could be worth after going over your specific circumstances during a consultation.
Pedestrian accident settlements could include coverage for:
- Medical bills for emergency and ongoing care (like physiotherapy)
- Lost wages, employment, or job-related benefits like sick/vacation leave and health insurance
- Pain and suffering for both the physical pain associated with injuries and the mental or emotional suffering caused by a traumatic accident
- Punitive damages, which are punishment fees sometimes charged to the other party that are then awarded to you
- Wrongful death expenses for funeral costs and the loss of companionship associated with the untimely passing of your loved one
If you have been injured in a pedestrian accident, contact the personal injury attorneys at Osborne & Francis for a free case review to explore your legal options. With professional help, you can maximize your settlement. A comprehensive monetary result can directly improve your health outcomes, secure the financial health and security of your family, and incentivize the responsible parties to reform before another person is harmed.
Your decision to pursue personal justice can help save the lives of others by holding all negligent parties accountable.
Video Transcript
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
How Long After an Accident Can You Sue for Personal Injury?
It is important to seek legal advice as soon as possible after an accident, as there are strict “statute of limitations” or filing deadline for suing after a personal injury. In Florida, that timeframe is four years (FL Statutes Section 95.11) from the date of your accident. If you miss this window of opportunity for justice, you may loose your change at compensation entirely.
That being said, there are some exceptions to this rule. If the injured person was a child, they and their parents/caretakers may have more time to pursue legal action. Similarly, if the injured person is mentally incapacitated, they too may be granted more time to take legal action.
This is why it’s so important to speak with an attorney as soon as possible after an accident. We work collaboratively with all parties involved, including insurance companies and at-fault drivers to ensure that your case is thoroughly investigated and litigated. We ensure this work is done before any important deadlines expire.
How Do Most Pedestrian Fatalities Occur?
When a vehicle collides with a pedestrian, there is a high potential for fatal injuries. Crash stats show that the leading causes of pedestrian fatalities include:
- Poor visibility (due to bad weather or night driving)
- Failing to yield the right of way at crosswalks and intersections
- Driving under the influence of alcohol, drugs, or medication
Pedestrians are much smaller than vehicles and are therefore can be easily thrown or knocked down in even the lowest-speed collision. What would be a casual fender bender between two vehicles could be a life-altering traumatic brain injury for a person on foot. The quality of care you receive after such an injury may depend largely on the compensation you’re able to access through a lawsuit.
What Are the Leading Causes of Pedestrian Accidents?
According to The National Highway Traffic Safety Administration (NHTSA) there were 6,283 pedestrian fatalities in 2018 alone. That's roughly 17 people every day, and those numbers steadily increase each year as contributing factors worsen like:
- Distracted driving: With the consistent rise of smartphones and other mobile and in-vehicle devices, drivers are far more likely to text, browse social media, or be tempted to answer emails while at a stoplight. This can be extremely dangerous, especially for pedestrians or bicyclists crossing at intersections.
- Drunk driving: Drivers who are under the influence of alcohol or drugs (prescription or illegal) are more likely to make poor decisions, have slowed reaction times, and are less likely to see pedestrians in time to avoid catastrophic injuries.
- Unsafe roads: Other causes of pedestrian accidents include poorly lit streets or sidewalks, defective traffic signals, and potholes or other road hazards.
These are instances where a city or municipality could be found partially liable for your accident, which opens up another compensation resource for you and your family. An example would be if the crosswalk paint had worn off the road, making it hard to see the designated pedestrian area. Another scenario could be an instance of a burned out streetlight.
Many vehicle insurance agreements are capped at a maximum amount of payout — if your injuries and losses cost more than the driver’s policy will cover, you need an experienced attorney who knows how to identify and pursue every avenue for recovery.
Will the driver’s insurance cover my injuries as a pedestrian?
J. Davis
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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”
C. Smith
“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
E. Holland
Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
Alfred
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
T. Andrews
“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
Erica F.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
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Contact a Pedestrian Accident Attorney
Auto accidents can include cars, trucks, RVs, motorcycles, municipal vehicles, and yes, also pedestrians. Vehicles are built to withstand crashes and protect both drivers and passengers. However, pedestrians and people on non-motor vehicles (like bicycles) are vulnerable to the sheer weight and dangerous speed of road machines.
At Osborne & Francis, we know what kind of toll personal injuries take on our clients and their families. We’ve dedicated ourselves to helping those harmed access the dignity and well-being associated with high-quality, long-term healthcare and support. When a pedestrian is injured in an accident, their family members, colleagues, and community are also impacted. We work to achieve results that help improve the lives of everyone involved.
Reach out to Osborne & Francis as soon as possible by calling (561) 293-2600 or filling out our online contact form. The sooner you contact us, the closer you are to the justice you need and deserve.
Frequently Asked Questions
Will the driver’s insurance cover my injuries as a pedestrian?
If you're involved in an accident as a pedestrian, chances are that the driver's insurance will cover some portion of your injuries. Most states require drivers to have liability insurance, which pays for damages if the driver is at fault for an accident. An attorney can also negotiate with motor vehicle insurance companies on your behalf. We use our experienced knowledge to insist that you’re compensated fairly, and help guard against any lowball offers the insurance agencies try to offer up while you’re still recovering.
If the driver doesn't have insurance, or doesn't have enough insurance to cover your damages, you may be able to sue the driver directly based on their negligence and your injury needs.
What are Florida pedestrian accidents statistics?
Florida has the unfortunate distinction of being one of the states with the highest number of pedestrian fatalities in the nation. Every year it is in the top three with Texas and California, as they are the highest-populated states. That means that of all the pedestrian deaths across 50 states, over 12% of them happen in Florida alone.
Elders, adults, and children pedestrians are regularly killed or critically injured in Florida streets, and every one of these accidents is unacceptable.
Can I file a pedestrian lawsuit if I wasn’t using a crosswalk?
While it may make your case more complex, you may still have the right to file an injury suit against a driver who hit you, whether you were in a designated crosswalk or not.
Drivers have a duty to yield to pedestrians in crosswalks, but also a responsibility to all pedestrians, even those who are jaywalking or walking outside of marked crosswalks.
You will need to speak with an experienced pedestrian accident lawyer at Osborne & Francis for a full case evaluation. This initial consultation is free, confidential, and comes with no obligation on your part.
How can I be compensated if I was injured by a hit-and-run driver?
In some cases, if you are the victim of a hit and run, the person responsible may never be found. Even if they are located, the driver who hit you is unlikely to accept responsibility for the accident. However, there are still a few ways that you may be able to receive compensation.
If the driver is found, you may be able to file a lawsuit against them. If you cannot identify the driver, you may still be able to sue their insurance company (in a case where you’re able to identify the vehicle involved). In other instances, your state's crime compensation fund may also offer support. In Florida, where the offices of Osborne & Francis are located, that option is known as the Crimes Compensation Trust Fund.
Whatever the situation, the attorneys at Osborne & Francis can investigate the claim to help you pursue recovery. Reach out to us online or by calling (561) 293-2600 — do not underestimate your own worth or value, reach out to us and give justice a chance.
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