Parkland Pedestrian Accident Attorney
Fighting for Injured Pedestrians in Parkland, FL
When a pedestrian is hit by a car, the injuries are often severe. The truth is that the majority of pedestrian accidents result in serious injuries or death. If you or someone you love was hit by a car while walking, you may be entitled to compensation for your medical bills, lost wages, and other damages.
At Zimmerman & Frachtman, our Parkland pedestrian accident attorneys have been representing injured victims and their families for nearly 30 years. We understand the unique challenges you are facing, and we are prepared to fight for the maximum compensation you are owed.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen anywhere, but they are most likely to occur in areas with heavy foot traffic, such as crosswalks and parking lots. They are also more likely to occur at night, when it is more difficult for drivers to see pedestrians. The majority of pedestrian accidents occur between 6 p.m. and 6 a.m.
Some of the most common causes of pedestrian accidents in Parkland include:
- Distracted Driving: When drivers are not paying attention to the road, they are more likely to hit a pedestrian. Common distractions include texting, talking on the phone, eating, and using a GPS.
- Speeding: Speeding is a leading cause of all types of car accidents, including pedestrian accidents. When a driver is speeding, they have less time to react to a pedestrian in the road.
- Drunk Driving: Alcohol impairs a driver’s ability to safely operate a vehicle. Drunk drivers are more likely to hit a pedestrian, especially at night.
- Failure to Yield: Drivers are required to yield the right-of-way to pedestrians in crosswalks. When a driver fails to do so, they can be held liable for any resulting damages.
- Poor Road Conditions: If a pedestrian accident was caused by a pothole, missing or broken traffic sign, or other road defect, the government agency responsible for maintaining the road may be liable for your injuries.
Common Pedestrian Accident Injuries
When a pedestrian is hit by a car, the injuries are often severe. Some of the most common injuries sustained in pedestrian accidents include:
- Broken Bones: Pedestrians often suffer broken bones when they are hit by a car. The impact of the crash can cause the pedestrian to be thrown into the air and onto the pavement.
- Head Injuries: When a pedestrian is hit by a car, their head often strikes the pavement. This can cause a traumatic brain injury, which can result in long-term cognitive problems.
- Spinal Cord Injuries: Spinal cord injuries are one of the most serious types of injuries a pedestrian can sustain. Depending on the severity of the injury, a pedestrian may be partially or completely paralyzed.
- Internal Injuries: The impact of the crash can cause a pedestrian to suffer internal bleeding or damage to their organs.
- Soft Tissue Injuries: Soft tissue injuries, such as sprains and strains, are common in pedestrian accidents. These injuries can be painful and may require physical therapy to treat.
How to File a Pedestrian Accident Claim in Parkland
In Florida, the no-fault system typically applies to motor vehicle accidents, including those involving pedestrians. The state's no-fault insurance law requires all vehicle owners to carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 in medical and disability benefits regardless of who is at fault in an accident.
When a pedestrian is involved in an accident with a motor vehicle in Florida, they may access their own PIP coverage if they have an auto insurance policy. If they don't own a car and thus don't have PIP coverage, they might be able to claim against the PIP coverage of a household member who has an auto insurance policy.
However, if a pedestrian sustains severe injuries exceeding the PIP coverage limit or meets certain thresholds defined by Florida law (such as permanent injuries, significant scarring, etc.), they may step outside of the no-fault system and pursue a claim against the at-fault driver's insurance for additional compensation.
In cases where a pedestrian is injured due to a driver's negligence, they can file a claim against the driver's liability insurance to seek compensation for medical expenses, lost income, pain and suffering, and other damages resulting from the accident.
Florida's comparative negligence laws might also apply to pedestrian accidents. This means fault can be divided between the parties involved, and the compensation a pedestrian receives might be reduced based on their degree of fault, if any.
Pedestrians involved in accidents must gather evidence, seek medical attention, and consider consulting with a legal professional experienced in handling pedestrian accidents in Florida. Legal advice can help determine the best course of action to seek fair compensation based on the specific circumstances of the accident.
Compensation for Pedestrian Accidents in Parkland
If you were hit by a car while walking, you may be entitled to compensation for the following damages:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In some cases, you may also be entitled to punitive damages. Unlike other types of damages, which are meant to compensate the victim, punitive damages are meant to punish the at-fault party. In Florida, you can only recover punitive damages if you can prove that the at-fault party acted with intentional misconduct or gross negligence.
Why Choose Zimmerman & Frachtman?
At Zimmerman & Frachtman, we understand the unique challenges you are facing after a pedestrian accident. You may be unable to work and facing a mountain of medical bills. You may also be in a great deal of pain and unable to enjoy the activities you once loved. Our Parkland pedestrian accident lawyers are here to help you get through this difficult time. We will handle all communication with the insurance company and maximize your entitled compensation. We are not afraid to take on large insurance companies and will do everything in our power to protect your rights.
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