Florida Pedestrian Accident Lawyer

We are often unprepared for the life-threatening repercussions of being injured in a pedestrian strike accident. Injuries sustained in these types of accidents can often be life-threatening or worse. Recovery can take months and sometimes years. For some, the possibility of returning to work or living an everyday life is never realized.

No matter how cautious you are, the negligence of others is unavoidable in some cases. You may need a Florida pedestrian accident lawyer to help you secure compensation for the physical and mental damage you suffer due to a pedestrian accident.

The Importance of a Florida Pedestrian Accident Lawyer

Florida is a hotspot for pedestrian strike accidents. The greater Miami and Fort Lauderdale areas, including Boca Raton, are one of the multiple regions of Florida included in the top 20 worst for pedestrian injury and death.

Most victims aren’t unaware of the complexities of navigating the insurance claims, compensation, and litigation processes after a pedestrian injury. A Florida pedestrian accident attorney will help you avoid settling for a minuscule amount from unaccommodating insurance companies.

Proving you were a legal pedestrian

Before attempting to prove the driver’s negligence, the first step is proving by the greater weight of the evidence that you were a legal pedestrian. An insurance company’s pressure tactics may try to prevent you from suing for compensation by falsely informing you that they can prove you weren’t a legal pedestrian.

Additionally, as of March 24, 2023, the Florida legislature enacted a new personal injury law that prohibits an injured victim from financial recovery if they are found to be more than 50% at fault in causing the accident. For example, a pedestrian that gets hit by vehicle as a result of disregarding a don’t walk signal or light could potentially lose their right to recover. This is one of the many reasons why it is so important to hire an experienced pedestrian accident attorney right away so they can gather the evidence and protect your legal rights.

Under Florida law, a pedestrian is anyone traveling who is “afoot.” This includes someone walking, running, jogging, or any portable instrument requiring you to stand upright, such as a skateboard, a scooter, or skates. Being a legal pedestrian also means that you were abiding by all Florida pedestrian laws, including, but not limited to, the following:

  • Traveling on the sidewalk when possible
  • Following all signs and traffic-control devices
  • Crossing only at intersections with marked crosswalks and never between
  • Traveling in the absence of marked crosswalks only at intersections, using only right angles to the curb or closest point between two curbs
  • Yielding to traffic when crossing without control devices or marked crosswalks
  • Crossing in the above scenario only when there is plenty of distance for oncoming drivers to yield or stop

After ensuring you legally exercised your rights as a pedestrian, an attorney can prove the driver’s negligence.

Common forms of negligence from drivers

The worst accidents resulting in pedestrian injury occur after sundown due to low visibility. However, pedestrian foot traffic is much higher during the day.

Some of the leading causes of driver negligence include:

  • Rubber-necking, or turning away to watch another event
  • Fixing hair, grooming, or applying makeup
  • Eating and drinking
  • Adjusting radio dials
  • Reading
  • Texting or talking on the phone
  • Talking with a passenger
  • Searching for items in the vehicle

Depending on the severity of your injuries, your attorney will decide a realistic amount to cover medical expenses, pain, suffering, and loss of wages.

What’s the Most Common Pedestrian Injury?

Because pedestrian accidents have so many variables involved, injuries can include any body part and severity level. Fatal injuries usually include the head from striking either the car or the pavement.

Other injuries to the internal organs, bones, spinal cord, skin, soft tissues, and areas of the face, neck, and pelvis can take months or years to heal from.

What to Do If You’re Hit By a Car

Although challenging, it’s important to remember to remain as calm as possible. Collecting yourself and following the proper steps after experiencing a pedestrian accident-related injury is vital.

The moments directly preceding a pedestrian accident are the most crucial. If you’re physically able, you must remember to complete several important tasks and log critical information. Using the following steps can help your case tremendously:

  1. Always see a medical professional: Even if you don’t feel immediate pain or the presence of an injury, a professional needs to take a more thorough look. You could suffer internal injuries, and your visit begins a vital trail of evidence proving you’re entitled to compensation.
  2. Take down pertinent information: Get the names, numbers, addresses, and insurance information of all parties involved. Write down a description of the vehicle, the license plate number, and where the accident occurred. Obtain the phone numbers of any witnesses. It’s also a good idea to write a detailed log of your recollection of the events immediately after they occur.
  3. Log everything: Keep records of all of your doctor’s appointments. Any visits with specialists, surgical procedures, or recommendations for surgical procedures must all be documented on paper and copied. Make copies of the police report, and log any conversations with witnesses, parties involved, or insurance agents. Log all missed hours at work and obtain proof from your employer.
  4. Contact a reputable Florida Pedestrian Accident Attorney: Obtain the services of a reputable Florida attorney and provide them with all of your documentation.

An Experienced Florida Pedestrian Accident Attorney Can Help

If you or someone you love has suffered a pedestrian injury, you must hire an attorney who understands the intricacies of Florida pedestrian law with experience representing cases like yours. When personal injury protection insurance is exhausted, don’t attempt to take on the driver’s provider alone. The Eltringham Law Group will help you recover lost wages and coverage for your medical expenses and emotional trauma suffered as a result.

Contact us online or call us at 561-944-6746 today.

FAQs About Pedestrian Accidents

How long do you have to file a claim after a pedestrian accident?

The window to file a court claim regarding a pedestrian injury or accident is not unlimited. Typically, you have four years from when the injury was sustained to file your case in court. This deadline may be extended in sporadic cases, but having an attorney is essential during these instances.

What is the average amount of compensation for a pedestrian injury?

Each case presents unique circumstances and numerous variables that impact potential case value, including but not limited to, the severity of the victim’s injuries and the extent of available insurance coverage.

Determining a fair and equitable settlement value is a meticulous process that may span several months or even years, depending on the intricacy of your case. It’s crucial to approach with caution any legal professional who tell you how much your case is worth, particularly prior to formally engaging their services and providing them with the specific details of your situation.

What Our Clients Say

Our Reviews

Our clients love the personalized attention we give every case. Read what they have to say:

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5 star review

I usually never leave reviews, good or bad, but for this instance, I most definitely had to. David and Marnie were both AMAZING. They made me feel comfortable and confident in their ability to resolve my case. I was walking in a crosswalk and was hit by a vehicle resulting in having to go to the hospital. I sustained injuries from this that I am still in the midst of dealing with. I contacted the firm and was able to speak with them via zoom immediately. I decided to sign with them on a Monday evening (3 days after my accident) and by Tuesday afternoon (the very next day) my case was settled. And settled for the very max that was able to be obtained. I attribute a lot of this to not only the expertise of the firm, but the relationships that Marnie has built with her experience working as a lawyer within a major insurance provider, which just so happened to be the insurance provider involved in my case. This is incredibly atypical for a case to be settled this quickly, especially with this outcome. It has been two weeks to the day today that my accident has happened and my case has already been resolved. I am blessed and more than happy that I decided to hire this firm. Every case is different, but I can bet that this firm will handle your case with care and the utmost professionalism. I pray I never have to go through a situation like this again, but if I did, I wouldn’t hesitate to call this law firm. Thank you guys very much!!


5 star review

I highly recommend Eltringham Law Group to anyone seeking legal advice after having a car accident. David Eltringham and his entire staff gave me the personal attention I needed during a very difficult and painful time. David took the extra steps needed to ensure that I received the medical care I needed as well as the financial compensation I deserved. Harold Torres, Paralegal updated me every step of the way. Thank you Eltringham Law Group!

Laura Lauri

5 star review

I had such a great experience with Eltringham Law Group! I was always kept in the loop and the experience was so personal. I was always in close contact with Teresa who was an absolute pleasure to work with. I would definitely recommend Eltringham Law Group again and again – I couldn’t have asked for a better experience!!!

Alex Peacock

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Working With Us

Lighthouse™ is a system unique to Eltringham Law Group – Personal Injury & Car Accident Attorneys, it’s what makes us different from other personal injury attorneys. We built this program to hold our own attorneys accountable and make sure our clients are getting the care and consideration they deserve.

sign up phase 1

Client Onboarding
Client Onboarding

The client meets with our Lighthouse Concierge Team to discuss the details of their potential case. A dedicated Lighthouse Team Member is assigned to the case to gather information and maintain constant communication with the client.

discovery phase 2

Investigation Case Analyzer
Investigation Case Analyzer

The assigned Lighthouse Team Member gathers and assess all information related to the case. A majority of the information is processed, paperwork is submitted and any questions/concerns the Lighthouse Team has for the client are clearly communicated and addressed.

Client Success Maximizer 3

Client Success Maximizer
Client Success Maximizer

The client meets with their Lighthouse Concierge Team Members to conduct a full review and explanation of the process. Both legal and medical records are reviewed and our team sets realistic and achievable expectations for the client.

Phase 1 Medical 4

Phase 1 Medical
Phase 1 Medical

The client is undergoing treatment at this point of the process and the Lighthouse Concierge Team maintains consistent communication to monitor the treatment scheduled. Additional medical referrals and testing may be required at this point if recommended by the current medical provider.

Phase 2 Medical 5

Phase 2 Medical
Phase 2 Medical

The client finalizes initial medical treatments that may include referrals to specialists, medical procedures, further testing and/or additional treatment recommendations by their medical providers.

Resolution or Litigation 6

Resolution or Litigation
Resolution or Litigation

The Lighthouse Concierge Team is in communication with those involved with and/or responsible for the damages incurred in your case. Two possible outcomes at this stage are 1) an achieved settlement agreement or 2) the inability to achieve a fair settlement that will result in the Eltringham Law Group filing a law suit on your behalf.

Post-Settlement Process 7

Post-Settlement Process
Post-Settlement Process

The case has completed and an agreement/resolution has been achieved with maximum in the best interest of the client. The Lighthouse Concierge Team meets with the client to fully explain the results and work diligently to finalize their case.

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