For many Floridians, taking a stroll to shop or visit the beach, walking around the neighborhood for exercise, or traveling to work on foot is a part of daily life. Unfortunately, pedestrian accidents are a common occurrence on Florida streets. When a negligent driver injures a pedestrian in a vehicle collision, the consequences can reverberate through every part of their life.
Pedestrian accidents often result in severe injuries that can result in complete lifestyle changes, derailed career paths, and painful physical recoveries. KMW Legal has helped many clients protect their right to recover compensation for damages like medical bills, lost wages, and mental anguish during our decade of distinguished service to the West Palm Beach community.
KMW Legal Can Help With Your Pedestrian Accident Claim
At Keller, Melchiorre & Walsh, we take pride in our history of winning settlements for injured pedestrians in pedestrian accident claims. Our top-notch team is comprised of highly respected lawyers who have a reputation for going above and beyond for our clients. We won’t balk at the prospect of taking your claim to trial or pressure you into accepting an inadequate settlement from an insurance company.
Instead, we’ll apply our skills and tireless work ethic to achieve a favorable settlement outcome that accounts for your financial, physical, and emotional losses. KMW Legal invites you to join us for a free strategy session to explore your legal options for compensation.
Common Causes of West Palm Beach Pedestrian Accidents
Most pedestrian accidents are the result of a negligent driver who failed to yield the right of walk to the person in their path. Careless drivers may fail to keep a vigilant eye out for pedestrians or engage in risky behaviors like speeding or running red lights.
A failure to fulfill this responsibility can jeopardize pedestrian safety, especially in conditions where visibility is compromised, like at nighttime or in poor weather. Proving that a duty was owed and neglected is the foundation of establishing liability in a pedestrian accident lawsuit.
Distracted Driving Causes Many Pedestrian Accidents
Distractions are often the root of these risky behaviors. While it may seem harmless to return a quick text message or adjust the radio, anything that disengages your attention from the road in front of you threatens pedestrian safety. A distracted driver may neglect to check their rearview mirror before backing out of a parking space, ignore crosswalk signals, or forget to look both ways before turning into an intersection, and severely injure a pedestrian in the process.
Impairment Caused by Alcohol and Fatigue Increases Pedestrian Accident Risk
Additionally, pedestrians are at a high risk of injury when a driver’s judgment has been compromised by alcohol or fatigue. A drunk driver can easily misjudge their speed as they approach a crosswalk or lack the coordination to maneuver around a person in their path. Drowsy drivers are similarly impaired. A driver who is fighting to stay awake at the wheel may be unable to react in time to avoid hitting a pedestrian, if they notice them in the first place.
Conditions That Increase Pedestrian Accident Risk
- Bad Weather
- Not using or lack of crosswalks
- Low light
- Urban areas
- Multi-lane roads
- Lack of sidewalks
Comparative Negligence and Pedestrian Fault in Accidents
In some cases, pedestrians may be partially responsible for the accident. Drunk pedestrians often have compromised coordination and unreliable judgment, which can lead them to stumble into the street. Even sober pedestrians may be distracted or too impatient to wait for a safe opportunity to cross the street.
When a pedestrian is deemed to be partially at fault for the injuries they sustained in an accident, they are still eligible to recover a portion of their damages. Florida’s pure comparative negligence laws dictate that the amount of fault attributed to the injured party be deducted as a percentage of their final settlement, allowing them to recover some damages while acknowledging their role in the accident.
Pedestrian Accidents Can Result in Serious Injuries
When a pedestrian is hit with the full impact of a vehicle many times their size, the consequences can be catastrophic. In 2020 there were 487 pedestrian accidents in Palm Beach County. The vast majority resulted in injury, and a total of 43 lives were lost.
In pedestrian accidents, the lower extremities often absorb the brunt of the impact. After a serious leg or pelvic injury, you may be on crutches for weeks, undergo surgery to reconstruct shattered bones, or face intense physical therapy. Pedestrians are also at risk of experiencing other serious injuries. For example, they may sustain crush injuries from being trapped under a car, hit their head against a curb, or be thrown against the hard pavement and fracture a vertebra in their spine.
Examples of Common Pedestrian Injuries:
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Disfigurement and Paralysis
- Fractures, Lacerations, and Contusions
- Severe Road Rash
- Crush Injuries
- Other Soft Tissue Injuries
- Loss of Limb or Organ
- Neck and Back Injuries
Severe injuries can leave pedestrian accident victims with permanent disabilities or prevent them from returning to their previous jobs and hobbies. A skilled pedestrian accident lawyer will be able to evaluate the anticipated costs of your injuries and help you determine the appropriate amount of damages to claim in a pedestrian accident lawsuit.
What Damages Can I Recover in a Pedestrian Accident Lawsuit?
In addition to the obvious costs associated with pedestrian accident injuries, like medical bills and lost wages, there are often coinciding intangible costs. During the course of your treatment, you may have to tolerate painful procedures, miss an important family event for surgery, or get passed over for a promotion.
These non-economic damages are just as valid as the expenses you have receipts for, and you may be able to recover the value of these damages in a pedestrian accident lawsuit. A personal injury lawyer who is experienced in handling pedestrian accident claims can help you outline the projected physical, economic, and emotional costs you will incur as a result of your injuries.
Types of Pedestrian Accident Damages:
- Medical bills
- Lab Tests
- Ambulance Rides
- Transportation to Appointments
- Hospital Stays
- Mobility Aids
- Home Healthcare Services
- Physical or Occupational Therapy
- Job-Related Losses
- Lost Wages
- Lost Earning Potential
- Costs of Job Retraining
- Missed Promotions
- Inability to Continue Career
- Pain and Suffering
- Loss of Enjoyment of Life
- Wrongful Death
- Funeral and Burial Costs
- Loss of Consortium
- Lost Income Contribution
How Can a Pedestrian Accident Lawyer Help Me?
If you have been injured or lost a loved one in a pedestrian accident, you may think that the process of recovering your costs is more trouble than it’s worth. In actuality, a qualified lawyer can help you negotiate a fair settlement that compensates you for all your losses.
When you file a pedestrian accident lawsuit, the negligent driver’s insurance company will conduct its own investigation with the goal of protecting its profits. In many cases, they will initially offer victims lowball settlements, which is why you need a tenacious pedestrian accident lawyer on your side to ensure that an accurate summary of events and damages is presented.
A pedestrian accident lawyer will also manage your calls from bill collectors looking for payment and insurance companies seeking a statement. Meanwhile, they will conduct interviews, secure expert witnesses, review medical records, and calculate damages in order to construct the most convincing argument possible to recover maximum compensation.
KMW Legal Can Help With Your Pedestrian Accident Lawsuit
At Keller, Melchiorre & Walsh, we will act as your champion throughout the entire claims process. With over 30 years of combined legal experience and a long list of satisfied clients, you can feel confident that your right to recover damages in a pedestrian accident claim will be fiercely protected.
Having a lawyer you can trust to have your best interests in mind can not only determine the outcome of your settlement, but can also alleviate significant stress during the claims process. At KMW Legal, we want you to know that we are motivated to make you a priority. We don’t accept a contingency fee until after we have successfully recovered a settlement, which allows our injured clients to access our services without being hampered by prohibitive upfront costs.
KMW Legal is Proud to Serve Injured Pedestrians in West Palm Beach, Florida
West Palm Beach is located along the coast of Palm Beach County. This growing city is home to 117,415 residents, a thriving arts scene, and spectacular beaches. KMW Legal has invested a decade into building relationships with injured West Palm Beach pedestrians and their families.
During that time, we have seen the toll that a serious pedestrian accident can take. It is our mission to help rectify the damage inflicted by a negligent driver by providing unmatched counsel that secures you maximum compensation.
Contact a West Palm Beach Pedestrian Accident Lawyer Today
Injuries sustained in pedestrian accidents can be life-altering, and even life-threatening. The lawyers of Keller, Melchiorre & Walsh are trained to relentlessly pursue the compensation our clients deserve by leveraging our resources, knowledge, and experience.
At KMW Legal, our founding partners all have a background in trial experience, making our team an indispensable asset at the negotiation table and in the courtroom. We hold ourselves to a high standard of diligence and integrity, which is reflected in the settlement outcomes we achieve.
Reach out to our West Palm Beach office to schedule a strategy session with our team to review the specifics of your pedestrian accident lawsuit. KMW Legal will be by your side for every step of the process, from the initial consultation to the recovery of your damages.