Pedestrian accidents are a significant concern in Hollywood, Florida, as they often result in severe injuries and even fatalities. According to the Florida Department of Highway Safety and Motor Vehicles, there were over 9,000 pedestrian crashes in the state in 2020, with more than 700 fatalities and 7,000 injuries. These alarming statistics highlight the importance of pedestrian safety and the need for experienced legal representation when accidents occur.
Pedestrians are particularly vulnerable due to the city’s heavy traffic and popular tourist destinations. When a pedestrian is struck by a vehicle, the consequences can be devastating, leading to physical, emotional, and financial hardships. Victims may face extensive medical bills, lost wages, and a long road to recovery.
We will discuss the various aspects of pedestrian accidents in Hollywood, FL, including common causes, settlement timelines, fault determination, and the steps you should take if you or a loved one has been involved in such an incident.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur due to various reasons, ranging from driver negligence to pedestrian errors and environmental factors.
Driver Negligence
One of the primary causes of pedestrian accidents is driver negligence. This occurs when drivers fail to exercise reasonable care and caution while operating their vehicles. Some examples of driver negligence include:
Distracted driving: Drivers who are texting, talking on the phone, eating, or engaging in other distracting activities are more likely to overlook pedestrians and cause accidents.
Speeding: Excessive speed reduces a driver’s reaction time and increases the likelihood of severe injuries in the event of a collision with a pedestrian.
Failing to yield the right of way: Drivers who do not yield to pedestrians at crosswalks, intersections, or when making turns put pedestrians at risk.
Driving under the influence: Impaired drivers, whether under the influence of alcohol (drunk driving), drugs, or prescription medications, have diminished judgment and reaction times, making them more prone to causing pedestrian accidents.
Pedestrian negligence
While drivers have a responsibility to operate their vehicles safely, pedestrians also play a role in preventing accidents. Pedestrian negligence can contribute to accidents in the following ways:
Crossing outside of designated crosswalks: Pedestrians who jaywalk or cross streets at non-designated areas are more likely to be struck by vehicles.
Ignoring traffic signals: Failing to follow traffic signals, such as walking against a “Don’t Walk” sign, puts pedestrians at risk.
Walking while distracted: Pedestrians who are engrossed in their mobile devices, listening to music, or otherwise not paying attention to their surroundings are more susceptible to accidents.
Environmental factors
In some cases, pedestrian accidents can be attributed to environmental factors beyond the control of drivers or pedestrians. These factors include:
Inadequate lighting: Poorly lit streets, crosswalks, and intersections can make it difficult for drivers to see pedestrians, especially at night.
Poor road conditions: Uneven sidewalks, potholes, or debris on the road can cause pedestrians to trip, fall, or be forced to walk on the street, increasing the risk of accidents. This can also cause an influx of auto accidents.
Lack of proper signage or pedestrian infrastructure: Inadequate or missing pedestrian crossings, signals, or signage can contribute to confusion and accidents.
By understanding these common causes of pedestrian accidents, both drivers and pedestrians can take steps to minimize risks and create a safer environment for everyone on the road.
How Long Does It Take To Settle A Pedestrian Accident?
On average, pedestrian accident cases can take several months to a year or more to settle. However, this is just a rough estimate, and the actual time frame can vary significantly depending on the specific circumstances of your case.
Cases involving more severe injuries, such as catastrophic injuries or spinal cord damage, may take longer to settle due to the complexity of the medical treatment and the need for long-term care.
Disputes regarding fault, multiple parties involved, or complicated insurance coverage issues can prolong the settlement process.
Some insurance companies may be more cooperative and willing to settle quickly, while others may engage in delaying tactics or deny liability altogether.
Steps Involved In The Settlement Process
The settlement process for a pedestrian accident case typically involves the following steps:
Investigation: Your attorney will gather evidence, interview witnesses, and review police reports and medical records to build a strong case on your behalf.
Demand letter: Once you have reached maximum medical improvement (MMI), your attorney will send a demand letter to the at-fault party’s insurance company, outlining your damages and requesting compensation.
Negotiations: Your attorney will negotiate with the insurance company to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
Filing a lawsuit: If negotiations fail to yield a satisfactory settlement offer, your attorney may recommend filing a lawsuit to pursue compensation through the court system.
Discovery: During the discovery phase of the lawsuit, both sides will exchange information and evidence, including depositions, interrogatories, and requests for documents.
Mediation or trial: If a settlement is not reached during discovery, the case may proceed to mediation (where a neutral third party helps facilitate a settlement) or to trial, where a judge or jury will determine the outcome of the case.
While the settlement process can be lengthy, having a skilled attorney on your side can help alleviate stress and allow you to focus on your recovery.
What Happens If A Pedestrian Caused An Accident?
In some cases, pedestrians may be partially or entirely at fault for an accident. This can complicate the process of seeking compensation and may impact the outcome of the case.
To determine fault in a pedestrian accident, your attorney and the insurance companies involved will:
Investigate the accident scene: This may include reviewing police reports, photographs, and video footage (if available) to understand the circumstances leading up to the accident.
Gather evidence and witness statements: Eyewitness accounts and expert opinions can help establish fault and provide a clearer picture of what occurred.
Comparative Negligence Law In Florida
Under comparative negligence, fault is assigned to each party involved in the accident based on their degree of responsibility. If a pedestrian is found to be partially at fault, their compensation will be reduced by the percentage of fault attributed to them.
For example, if a pedestrian is deemed 30% at fault for an accident and the total damages are $100,000, the pedestrian’s compensation would be reduced by 30%, resulting in a maximum award of $70,000.
Possible Outcomes For Pedestrians Who Caused An Accident
Their compensation will be reduced by the percentage of fault attributed to them. Some attorneys may be hesitant to take on cases where the pedestrian is primarily at fault, as it can be more challenging to secure compensation.
It is important to note that even if a pedestrian is partially at fault, they may still be entitled to compensation for their injuries and damages.
Steps to Take After A Pedestrian Accident
After a pedestrian accident, one should:
Seek Medical Attention
Your health should be your top priority after a pedestrian accident. Even if you feel fine or believe your injuries are minor, it is essential to seek medical attention as soon as possible. Some injuries, such as internal bleeding or concussions, may not be immediately apparent but can have serious consequences if left untreated.
Seeking medical attention not only ensures that you receive proper treatment but also creates a record of your injuries, which can be crucial when pursuing a legal claim. Make sure to keep all medical documents, bills, and receipts related to your treatment, as these will be important for establishing the extent of your damages.
Report The Accident
If the accident has not already been reported, contact local law enforcement to file an official report. This document can provide valuable information about the circumstances of the accident and can be used as evidence in your case.
In some cases, you may need to file a separate accident report with the Florida Department of Highway Safety and Motor Vehicles. Your pedestrian accident attorney can help guide you through this process and ensure that all necessary reports are filed promptly.
Gather Evidence
If possible, take photographs of the accident scene, including any vehicle damage, skid marks, traffic signs, or other relevant details. Also, document your injuries and any visible bruises, cuts, or scrapes. These photographs can serve as valuable evidence in your case.
If there were any witnesses to the accident, try to obtain their names and contact information. Witness statements can corroborate your account of the event and strengthen your case.
Contact a Pedestrian Accident Attorney
After seeking medical attention and gathering evidence, contact an experienced pedestrian accident attorney to discuss your case. Many attorneys offer free initial consultations, allowing you to understand your legal options and the merits of your case without any upfront costs.
During your consultation, your attorney will review the details of your case, explain your legal rights, and advise you on the best course of action. They can help you understand the potential value of your claim, the anticipated timeline for resolution, and the steps involved in pursuing compensation.
Hiring a Pedestrian Accident Attorney
Hiring an experienced pedestrian accident attorney can make a significant difference in the outcome of your case and your ability to secure the compensation you deserve.
Benefits of Having Legal Representation
A skilled pedestrian accident attorney will be well-versed in the laws and regulations surrounding these types of cases. They can ensure that your rights are protected throughout the legal process and that you are not taken advantage of by insurance companies or other parties involved in the case.
Your attorney will handle all aspects of your case, from filing necessary paperwork and communicating with insurance companies to negotiating settlements and representing you in court, if necessary. This allows you to focus on your recovery while your attorney handles the legal complexities of your case.
Pedestrian accident attorneys have the knowledge and experience necessary to assess the full value of your claim, including both economic and non-economic damages. They can negotiate with insurance companies to secure a fair settlement or take your case to trial if a satisfactory agreement cannot be reached.
Qualities to Look for in a Pedestrian Accident Attorney
When choosing a pedestrian accident attorney to represent you, consider the following qualities:
Look for an attorney who has extensive experience specifically handling pedestrian accident cases in Hollywood, FL, and the surrounding areas. This ensures that they are familiar with the unique challenges and nuances of these types of cases and can effectively advocate on your behalf.
Your attorney should have a deep understanding of the local laws, ordinances, and regulations that may impact your case. This knowledge can be invaluable when building a strong case and negotiating with insurance companies.
Research potential attorneys and look for those with a proven track record of success in handling pedestrian accident cases. Read reviews and testimonials from past clients to get a sense of their experience, communication skills, and ability to achieve positive outcomes.
Want to learn more?
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To learn more about your legal rights and options, we encourage you to visit our main Practice Area page. Here, you can find detailed information about our services, read testimonials from past clients, and schedule a free consultation with one of our skilled attorneys.
Don’t wait to seek the legal help you need. Contact us today and take the first step toward protecting your rights and securing the compensation you deserve.