West Palm Beach Pedestrian Accident Lawyer

Due to the lack of protection, injuries in a pedestrian accident are usually severe. The majority of victims end up in an emergency room. Meanwhile, pedestrians are 15 times more likely to die in a traffic accident than vehicle occupants are.

If you’ve been injured in a pedestrian accident, you could seek compensation. To determine liability, prove negligence, and negotiate a fair settlement, you may need to hire a West Palm Beach pedestrian accident attorney. An experienced West Palm Beach pedestrian accident lawyer from Eltringham Law Group can help evaluate your case and build a strong strategy for obtaining compensation.

Determining Liability in a Pedestrian Accident in Florida

Figuring out who is responsible for a pedestrian accident is the first step to damage recovery. While the fault in a traffic accident may seem obvious at first, an investigation could uncover details that point to other people or entities.

Common liable parties in a pedestrian accident are:

  • Vehicle (car, truck, motorcycle) driver – if a driver hits a pedestrian, their insurance can be responsible for paying compensation.
  • Driver’s employer – if the driver was working at the moment of the accident (i.e. truck driver, ride-sharing, delivery) their employer’s insurance may be responsible for covering damages.
  • Manufacturer – if the accident happened because the vehicle malfunctioned, you could file a product liability claim.
  • Government – both local and state government entities could be held responsible if the lack of road, sign, and signal maintenance played a role in the accident.

In some cases, a pedestrian can also be responsible for the accident.

Comparative Negligence

When it comes to distributing fault, Florida follows a pure comparative negligence rule that assigns damages proportionally to the party’s liability percentage.

For example, a car driver exceeds the speed limit and hits a jaywalking pedestrian. The pedestrian sustains severe injuries and files a claim for $100,000. The judge determines that the driver’s liability is 80% while the pedestrian is 20% responsible. Accordingly, the pedestrian can only claim 80% of the damage amount ($80,000).

Determining liability in a pedestrian accident requires an in-depth investigation. While it’s possible to get all the facts without legal assistance, it’s easy to miss an important piece of evidence. Consider hiring a pedestrian accident attorney in West Palm Beach to help you get the job done.

Proving Negligence in a Pedestrian Accident

Once you determine liability, you have to prove negligence. No matter how obvious the at-fault party’s actions are, it’s still your responsibility to demonstrate the four aspects of negligence:

  • The legal duty of care – the at-fault party must have a legal duty of care to the pedestrian. For example, a car driver has a duty to act reasonably on the road. Meanwhile, the government has a duty to put up “pedestrian crossing” signs.
  • Breach of the legal duty of care – the at-fault party has to breach the legal duty of care to be found negligent. For example, a car driver would have to act unreasonably (e.g. ignore traffic signs), or a manufacturer would need to install a defective part on a vehicle.
  • Injury causation – the plaintiff needs to prove that the at-fault party’s breach led to their injuries. For example, the car driver ran a red light, hit the person, and they sustained a spinal cord injury or a TBI (traumatic brain injury).
  • Damages – the plaintiff has to prove that sustained injuries resulted in damages – additionally, that it kept the pedestrian from returning to work and supporting their family.

To prove negligence, you would need to collect evidence, find witnesses, hire expert witnesses, and study relevant laws. Doing all that without legal experience can be tough. A pedestrian accident attorney can take all the necessary steps toward proving negligence and making your case.

Recovering Damages in a Pedestrian Accident

When you prove negligence in a pedestrian accident case, you can recover several types of damages:

  • Economic damages – all tangible damages you incurred due to the accident, including medical expenses, loss of wages, loss of earning capacity, at-home care, and more.
  • Non-economic damages – non-tangible damages that have to do with the quality of your life after the accident, including mental anguish, loss of consortium, pain and suffering, and the loss of enjoyment of life.

For both types, you can seek compensation for past, present, and future damages. For example, if injuries cause a permanent disability, you may not be able to work in full capacity again. The at-fault party could compensate for the difference in future wages.

In rare cases, the judge may award punitive damages. This can happen if the at-fault party acted outrageously. For example, a drunk driver swerved onto a sidewalk and hit a pedestrian.

Going to Court after a Pedestrian Accident

Many pedestrian accident cases can be settled without going to court. However, you may still need to file a lawsuit if:

  • The at-fault party doesn’t have insurance.
  • The at-fault party’s insurance limit is too low to cover your damages.
  • You are unhappy with the settlement offer.

If you decide to go to court, you would need to get the paperwork ready, file all documents on time, and present your case to the judge and the jury. You could benefit from professional legal advice. Otherwise, it’s possible to lose your shot at compensation.

When to Contact a Pedestrian Accident Attorney

Ideally, you should contact a pedestrian accident attorney from the site of the accident. A legal professional can give you valuable advice about collecting evidence and speaking to witnesses.

Since your main goal is to take care of your health, you may only have time to call a pedestrian accident lawyer in West Palm Beach several days after the accident. The earlier you do it, the easier it will be to conduct an investigation and build your case.

Even if weeks or months have passed after the accident, it may still be possible to obtain compensation. Call an attorney for a case review as soon as you are ready.

Contact an Experienced West Palm Beach Accident Lawyer Today

Did you get hurt in a pedestrian accident? You may be entitled to sizable compensation. The legal team from Eltringham Law Group has helped hundreds of clients get the money they deserve. Call us for a free case evaluation today.

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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

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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.