Pedestrian accidents can be devastating, resulting in serious injuries and even death. Medical bills, lost wages, and emotional trauma can all add up quickly, leaving victims and their families struggling to make ends meet. That is why it is important to have a skilled Miami pedestrian accident lawyer with The Schiller Kessler Group on your side who can help you navigate the legal system and fight for your rights.
With the greatest standards of professionalism, compassion, and integrity, The Schiller Kessler Group provides effective, efficient representation to injury victims. Trust your claim to a leading Miami personal injury lawyer with our firm, who can give you the personalized attention and legal representation you need to heal.
How Pedestrian Accidents Happen in Miami
Pedestrian crashes can happen because of many different factors, but distracted driving is one of the most common causes. Distracted drivers who are busy text messaging and talking on the phone do not take the time to check around them for pedestrians in crosswalks and near the sides of the roads. Other major contributing factors include:
- Intoxicated drivers
- Speeding
- Ignoring stop signs
- Disobeying traffic signals and traffic laws
- Inexperienced drivers
- Brake failures
- Tire blowouts
- Unaddressed weather conditions
These collisions can also occur due to poor visibility caused by inclement weather conditions, poor lighting at night, or situations when reckless drivers ignore crosswalks entirely and try to squeeze through without stopping, which can prove potentially dangerous for those crossing. Driving too fast gives drivers less time to see pedestrians, and they may be unable to stop when a situation arises. When any of these situations lead to an accident, the driver can be held responsible for your injuries with help from a respected pedestrian accident lawyer in Miami.
Most Common Pedestrian Accident-Related Injuries in Miami
Miami has some of the highest rates of pedestrian deaths and severe injuries in the United States. In studies conducted by Smart Growth America, Florida ranked as the second deadliest in the nation for pedestrian fatalities. Physical injuries we commonly see include:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Hip injuries
- Facial injuries
- Broken teeth
You can work with medical professionals to assess the severity of your losses. If you decide to take legal action against the parties responsible for your pedestrian accident, your personal injury lawyer in Miami can call on the professionals who treat you as expert witnesses. That testimony can help you argue for the accident compensation you need to get back on your feet again.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
How to Get Compensation After an Accident
There is more than one way to get fair compensation after a pedestrian accident. A personal injury attorney can help you determine how to protect your best interests.
Establishing an Injury Claim
If you can prove that negligence contributed to the losses you faced in a recent accident, you can hold negligent drivers, bicyclists, and related parties liable for your losses in civil court. A personal injury claim can make these parties financially responsible for your medical care, property damage, and pain and suffering. It may be in your best interests to gather as much evidence to support your claim as possible.
If you can bring forward video footage, photos, and physical debris proving that someone else violated the duty of care owed to you, The Schiller Kessler Group can help you evaluate your losses. Depending on the circumstances of your case, there may be various potential damages you can recover in a personal injury claim.
Holding Insurance Providers Accountable for Your Losses
The negligent party involved in your case may have insurance. It may be in your best interests to verify that a responsible party has insurance coverage. However, since Florida is a no-fault insurance state under Florida Statutes §627.7407, you generally start the insurance claims process by filing a claim with your own insurance provider through your personal injury protection (PIP) coverage.
Insurance claims adjusters and their companies can, under the right circumstances, offer you the support you need to overcome your financial losses. However, these parties may prioritize their financial well-being over your right to recover. You need to carefully assess any settlement offers you receive if you want to get the compensation you need to get your life back on track.
If you find yourself contending with a provider’s bad faith behavior in the form of a claim denial or refusal to communicate, let your dedicated pedestrian accident attorney in Miami know. We can step in and fight for your right to reasonable compensation. With The Schiller Kessler Group in your corner, the insurance company will see just how seriously you are taking your case.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Who to Blame for a Pedestrian Accident
The individual or entity who caused your pedestrian accident or resulting injuries can be ordered to cover your damages in full. There are several parties who should take responsibility for a pedestrian accident. Some of these parties could include:
- Automotive motorists
- Bicyclists
- Motorcyclists
- Other pedestrians
- Commercial truck drivers
- Motor vehicle dealerships
- Safety inspectors
- Maintenance workers
- Trucking companies
- Dram shops
At the end of the day, the answer might not be the party you expect. There are situations wherein entire corporations can assume responsibility for your accident should your accident stem from their negligence. Let a personal injury lawyer in Miami look into the circumstances that led to your accident so you can determine who to name financially accountable for your non-economic and economic losses.
Meeting Florida’s Burden of Proof
We do everything possible to build solid cases for our clients, and we can often show that the at-fault driver was speeding or acting recklessly in some way that contributed to the collision. If you want to hold another party responsible for your recent accident losses, you need to submit proof of that party’s negligence to a civil judge. That proof can take a variety of forms, including the following:
- Video footage of the accident
- Photos from before and after the accident
- Statements from witnesses
- Input from expert witnesses, including medical professionals
- Invoices related to your post-accident care
- Black box data, if applicable
- Cell phone data, if applicable
- A police report speculating on fault
What to Expect from Our Top-Rated Pedestrian Accident Law Firm During the Investigative Process
Negligence is the end-all, be-all of today’s personal injury accidents. Your pedestrian accident stemmed from someone else’s bad behavior, and now it is time to hold them responsible. Pedestrian accidents are taken extremely seriously at The Schiller Kessler Group. When determining who hit a pedestrian or cyclist and whether or not that driver was negligent, our team will perform a thorough investigation.
You do not have to return to an accident scene to gather this evidence, nor do you have to analyze it. That is our job. Your car accident attorney can take over your case, bring together the evidence needed to assign liability, and analyze that evidence appropriately. We can then compile our findings in a personal injury claim that we can deliver to a Florida civil judge.
File Your Claim Before the Statute of Limitations Passes
In the state of Florida, victims of pedestrian accidents generally have two years to file a legal claim or take action. According to 2023 Florida Statutes 95.11, you have a limited amount of time to file suit or risk being barred from the civil court system hearing your case. Although this is the maximum amount of time legally allowed, depending on certain factors, the deadline may vary.
If the deadline is tolled, the statute of limitations could pause for a limited amount of time. When you have questions about the civil process, do not let the statute of limitations expire without asking them. You can reach out to the best personal injury team today to request a pedestrian accident case evaluation.
Damages in a Pedestrian Accident Claim in South Florida
If you are a pedestrian and have been injured in an accident, you may be entitled to compensation from the at-fault party. Collisions between pedestrians and related accidents often lead to long-term medical problems for the victim, which is why financial compensation for medical bills can be vital.
Economic Damages
Economic damages may include but are not limited to, money for emergency room visits, diagnostic testing, doctor’s visits, future medical procedures, and other medical expenses related to your injury. They include any type of monetary loss. Other damages we can pursue include financial compensation for:
- Emergency medical attention
- Property damage
- Long-term medical expenses
- Permanent disabilities, if applicable
- Temporary disabilities, if applicable
Additionally, if you have incurred lost earning capacity due to injuries sustained in the accident, our team can help you seek additional funds based on projected salary losses over time. You may also be entitled to compensation for your loss of employee benefits, including health insurance coverage or paid time off. We will ensure no loss goes unaccounted for in our calculation process.
Non-Economic Damages
Non-economic damages do not have anything to do with money. They must be quantified since they do not have a financial value. Some examples could include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Scarring, disfigurement, and catastrophic injuries
- Loss of enjoyment of life
Facing the aftermath of a catastrophic pedestrian accident may feel daunting. Remember that a pedestrian accident lawyer in Miami can fight for your rights and negotiate on your behalf with insurance companies. Our team has years of personal injury claim experience and will work tirelessly to uphold the legal duty we owe pedestrian accident survivors like you.
What to Expect After You File a Florida Pedestrian Accident Claim
Filing a personal injury claim after an accident does not force you to go to civil court. You do not necessarily have to take your case to trial if you want to receive fair compensation. Instead, a personal injury claim gives you the right to summon the party at fault for your accident. That summons can lead to settlement negotiations, a bench trial, or a jury trial.
It is up to you to determine how you want this process to progress. We can help you determine how to approach a liable party with a request for financial support. That said, the liable party has to cooperate with you – at least if you want to negotiate for the support you deserve. You cannot make an unwilling party meet you to discuss the damages you deserve.
An Overview of the Claims Process
If the party at fault for your pedestrian accident refuses to meet with you, you may not have the opportunity to negotiate for financial damages. In these cases, The Schiller Kessler Group can take your case to trial. The litigation process of a personal injury claim can involve:
- Discovery
- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation and verdict
You can count on our team to uphold our legal duty to you. We will ensure you are prepared for each stage of this process. We can also keep the door open for the liable party should they wish to reach out and offer you a comprehensive settlement.
Miami Pedestrian Accident FAQ
What Are Punitive Damages?
Punitive damages are an award reserved for injury victims subject to maliciousness, intentional harm, or gross negligence according to 2023 Florida Statutes Chapter 768.72. They are not awarded in every pedestrian accident or personal injury case. When they are, it is to punish the liable party and is meant to deter similar wrongful acts in the future.
Can I Still Collect Compensation if I’m Being Blamed for a Pedestrian Accident in Florida?
The first thing to understand if you are being blamed for a pedestrian accident in South Florida is that you have rights. Under the comparative negligence law, found under 2023 Florida Statutes Chapter 768.81, even when the fault is shared among parties, you are entitled to recover damages from other parties deemed partially at fault.
Your final settlement amount will be reduced according to your percentage of the fault. However, if you are found to be more than 50% at fault in a pedestrian crash claim, you cannot collect any compensation. Your pedestrian accident attorney in Miami can make sure your rights are upheld and defend you against unfair insurance companies or lawsuits by investigating any allegations against you, as insurers often try to reduce their expenses by shifting blame onto others after an accident.
How Long Does It Take to Settle Pedestrian Accident Cases in Miami?
It can take months or years to resolve a pedestrian accident case. There are many factors that need to be taken into consideration. Availability of evidence, insurance coverage, shared fault accusations, the number of liable parties, and the extent of your damages could all shorten or lengthen the amount of time it takes to settle your lawsuit or insurance claim.
Contact a Top-Rated Miami Pedestrian Accident Attorney for a Free Case Evaluation Today
At The Schiller Kessler Group, our legal team helps injury victims get the money they need to cover medical bills, lost wages, and more. We understand that every situation is different and that it is not always easy to get back on your feet after a serious injury. For this reason, we do whatever it takes to ensure that our clients are taken care of every step of the way.
If you are interested in learning more about how a dedicated Miami pedestrian accident attorney can help with your case, do not hesitate to contact us to request a free consultation. You can reach us by phone or through our secured contact form to get started on your claim as soon as today.
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