Fort Lauderdale Pedestrian Accident Lawyer

Since pedestrians have little protection against vehicles, even the slightest accidents tend to lead to severe injuries. If you’ve been hurt or lost a loved one in a pedestrian accident, you may be entitled to compensation.

By working with a Fort Lauderdale pedestrian accident attorney from the  Eltringham Law Group, you can strengthen your case and improve your chances of fair damage recovery.

Who is Responsible for a Pedestrian Accident?

The answer isn’t always obvious. To file a claim against the at-fault party, you need to determine their liability. In some cases, more than one person could be responsible, including pedestrians themselves.

  • Vehicle (car, truck, motorcycle) driver – if a vehicle driver acted negligently on the road and broke traffic laws, they are likely to be liable for the pedestrian accident.
  • Employer (truck company, ride-sharing, delivery) – if the vehicle driver is executing their duty at the time of the accident, their employer may be responsible.
  • Manufacturer – if a vehicle manufacturer made a negligent mistake (installed a faulty part, didn’t recall the car on time), you could sue them for product liability.
  • Government – if the government entity acted negligently by failing to provide proper road maintenance or put up pedestrian crossing signs, it could be liable for the accident.
  • Another pedestrian – a jaywalking pedestrian could cause the vehicle to swerve and hit another pedestrian. In this case, the jaywalker could be partially responsible for the crash.

With in-depth investigation, straightforward pedestrian accidents could turn into complex personal injury cases. That’s why you may need a Fort Lauderdale pedestrian accident lawyer on your side. The at-fault party’s attorney will do everything possible to avoid liability or minimize the settlement. It’s up to you to put up a strong fight and get the money you deserve.

While you are recovering from both physical and emotional injuries, fighting a legal battle can be nearly impossible. That’s why many people choose to rely on attorneys to do it for them.

Comparative Negligence in Fort Lauderdale

When it comes to pedestrian accidents, Florida follows the pure comparative negligence principle. It allows pedestrians who are partially at fault for the accident to recover damages.

If you are partially liable for the accident, the payout will be decreased by the percentage of your fault. For example, if you file a claim for $10,000, but the judge finds you 10% responsible for the accident, you can only receive $9,000 ($10,000 minus 10%).

What Are the Damages in a Pedestrian Accident?

If you can prove negligence in a pedestrian accident, you can file a claim against the negligent party to recover the following damages:

  • Economic damages – any past and future expenses related to your injuries in the pedestrian accident, including medical bills, loss of wages, loss of earning capacity, and property damage.
  • Non-economic damages – any past, current, and future non-tangible damages related to your quality of life after the accident, including mental anguish, pain and suffering, loss of consortium, and loss of enjoyment of life.
  • Punitive damages – in some cases, the judge may award punitive damages. This can happen if the at-fault party’s behavior was reckless and outrageous (e.g. DUI).

The amount of the damages you can recover depends on many factors. They include:

  • The extent of your injuries
  • Amount and quality of evidence
  • Details of the police report
  • Testimonies of expert witnesses
  • The expertise of your attorney

The better you can demonstrate how the pedestrian accident changed your life, the more damages you can expect to recover. With the assistance of a pedestrian accident attorney in Fort Lauderdale, you can make sure that the insurance company and the court have sufficient information to make a favorable decision.

Who Pays Damages After a Pedestrian Accident?

Once you determine the amount of damages, you need to file a claim. Whom do you file it against?

  • Insurance company – if a driver or their employer is responsible for the accident, you can file a claim with their insurance company. In many pedestrian accidents, insurance companies cover damages without proceeding to court.
  • At-fault party – if the liable party doesn’t have insurance, you can file a lawsuit against them directly. This usually happens if the driver is uninsured or underinsured or if the at-fault party is a manufacturer or a government entity.

No matter who is liable after a pedestrian accident, they may not cover your damages if you file the claim too late.

The Statute of Limitations on Pedestrian Accidents in Fort Lauderdale

The statute of limitations for personal injury cases in Florida is four years. This means you have four years from the date of the accident to file a lawsuit. If you don’t, your case is likely to be dismissed.

While four years is a long time, waiting to file a claim isn’t a good idea. With time, evidence starts to disappear while witnesses begin forgetting the circumstances. Building a strong case without this information can be problematic.

If you don’t feel up to dealing with claims after the accident, don’t wait. Consider delegating all the legal matters to pedestrian accident attorneys.

What Can a Pedestrian Accident Attorney Do?

If you hire a pedestrian accident attorney in Fort Lauderdale, you can get help with:

  • Conducting an extensive investigation.
  • Recovering, collecting, and presenting evidence.
  • Finding all liable parties.
  • Proving four aspects of negligence.
  • Building a strong case.
  • Negotiating a fair settlement.
  • Presenting your case in court.

While you may be able to recover some damages without legal assistance, getting a fair amount is nearly impossible.

Call a Fort Lauderdale Pedestrian Accident Attorney Today

At the Eltringham Law Group, we have years of experience fighting legal battles for pedestrians in Fort Lauderdale. Our experienced attorneys are always ready to help you get the money you deserve.

Call our pedestrian accident lawyers in Fort Lauderdale to schedule a free case review today.

What Our Clients Say

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

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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

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

I would like to thank the Eltringham Law Group and specifically Harold Torres for handling my case. Harold did an outstanding job on my behalf. I cannot express enough how pleased I am and how professional and empathetic Harold and the rest of the staff were throughout the entire process.

Nick Jury

Recent Case Results

$1.025M

UBER ACCIDENT

November 2021

$1M

COMMERCIAL TRUCKING ACCIDENT

March 2022

$600K

CAR ACCIDENT WITH MINIMAL VEHICLE DAMAGE

March 2022

$125K

SLIP & FALL

March 2022

Proudly Serving The Entire State of Florida & Beyond

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We’re highly invested in your well-being – you don’t pay for our experience or services unless we get you a settlement. Contact us today to schedule a free review of your case.

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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.

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.

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.

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.

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.

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.

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.

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.