Take Legal Action to Hold the Negligent Motorist Accountable

If you suffered a serious injury after being hit by a motorist while crossing the street, or you lost a loved one in a collision, you should consider filing a personal injury or wrongful death lawsuit to seek compensation for the following harms and losses:

• Incurred Medical Bills: These costs include bills from the emergency room, ambulance, and immediate treatment after the wreck.
• Future Medical Bills: You can also seek reimbursement of future medical costs such as rehabilitation, physical therapy, surgery, prescription medications, and so forth.
• Lost Income: If your bodily injuries caused you to miss significant time from your job, you can pursue reimbursement for that lost income.
• Future Lost Earnings: If your bodily injuries are so severe as to leave you partially disabled or fully disabled, you can also seek reimbursement for future earnings you would have made had the accident never occurred.
• Pain, Suffering, Mental Anguish etc.: These are “non-economic” damages that are not easily calculable or fit neatly onto a spreadsheet. These are damages meant to compensate you for your stress, psychological trauma, anxiety, depression, and so forth.

If you lost a loved one in a crosswalk accident, you can pursue all of the above-described damages, in addition to the following:

• Loss of Support and Companionship Provided by the Decedent
• Loss of Guidance Provided by the Decedent
• Funeral Costs
• Burial Costs

Common Causes of Pedestrian vs. Motorist Collisions

In many instances, pedestrians are hit by motorists who were negligent in some form or fashion. Negligence is basically a breach of a duty that proximately caused injuries to a plaintiff. The following actions, or inactions, by motorists are generally considered to be forms of negligence:

• Drunk driving
• Speeding
• Failing to pay attention
• Failing to yield the right of way

What If You Were Partly Responsible for Causing the Accident?

In some instances, there may be fault assignable to both a pedestrian and a motorist. If you find yourself in this situation, do not fret. Florida is a comparative negligence jurisdiction. This basically means a jury can assign fault on a percentage basis so the negligence is shared and your financial recovery is reduced (but not barred entirely). This is a much more equitable system than what is used in some other jurisdictions like Virginia, North Carolina, and Maryland that prohibits a plaintiff from obtaining a financial recovery if they were even just one percent at fault.

Contact a Miami Crosswalk Accident Injury Lawyer Today

If you suffered a serious injury after being hit by a motorist in Florida, it is important to take legal action sooner rather than later. You need someone to go to work for you to investigate the collision and build a persuasive case on your behalf. The Miami crosswalk accident injury lawyers at the office of Alan Goldfarb, P.A. are ready to help.

Resource:

nbcmiami.com/news/local/Pedestrian-Struck-Killed-While-Crossing-Miami-Beach-Road-454977173.html

Overview of Personal Injury Protection Benefits

According to Florida Statute § 627.736, personal injury protection (commonly referred to as PIP) is a type of no-fault insurance coverage that will help pay your medical bills and lost wages in the event of a car accident.

PIP Provides Broad Coverage

PIP benefits are not limited to an injured driver or the owner of the vehicle involved in the collision. Obviously, if you did own the car, your PIP coverage will apply. If you did not own the vehicle involved in the crash, you can still access PIP coverage if the owner of the vehicle involved in the wreck is a relative. If you were a passenger in another vehicle, you are also covered under the vehicle’s PIP policy, as long as you either own a vehicle or reside with someone who owns a vehicle.

Pedestrians and Bicyclists Could Be Covered under PIP

Pedestrians and bicyclists involved in accidents may still be able to access PIP benefits. The key factor is whether they own a vehicle or live with a relative who owns a car. If they do, then they can access benefits through their own PIP policy. If they do not, they can still access PIP benefits from the policy of the driver that hit them.

Get Medical Treatment Right Away

If you were involved in a serious collision, it is critical that you go see a doctor right away. Why? Because if you fail to seek medical treatment within 14 days of the accident, you cannot obtain PIP benefits. This does not mean that you have to visit an emergency room. In fact, a chiropractor and other medical professionals are suitable treaters and their care is covered under PIP.

Florida’s PIP law simply requires that medical care be provided by a designated medical doctor, chiropractor, hospital, and/or emergency medical service. However, Florida’s PIP laws do not cover treatment provided by a holistic medical practitioner like an acupuncturist or massage therapist.

Speak to an Experienced Miami Car Accident Attorney Right Away

PIP benefits can get confusing, especially if you receive a letter or notice from an insurance company claiming to deny your request for benefits. You may also have damages in excess of Florida’s PIP limits of $10,000. In these situations, you need the counsel of an experienced Miami car accident lawyer. The law firm of Alan Goldfarb, P.A. can help. Our team of attorneys possesses decades of experience representing people seriously injured in major car wrecks. Contact our office today to schedule a free initial consultation. During the consultation, you will get to meet with an attorney and talk about your potential case. If it makes sense to move forward, we can do so.

Resource:

flsenate.gov/Laws/Statutes/2015/627.736

Deadly Pedestrian Accidents Occur Far Too Frequently in Florida

The tragic death of an FIU student crossing the street adds to a disturbing trend taking place across the State of Florida. According to the Governors Highway Safety Association, there will likely be in excess of 600 car-versus-pedestrian accidents in 2017. That is the second highest rate in the United States, according to ABC 7 News. There have already been approximately 146 car-versus-pedestrian deaths in the state in 2017. Between 2004 and 2014, approximately 5,142 pedestrians were hit and killed by a vehicle while walking on a Florida street or sidewalk.

Pedestrian Accidents a Nationwide Safety Issue

The statistics are bad in Florida, but to be fair, the statistics are bad across the country. Nationally, it is estimated that over 6,000 pedestrians died in collisions with vehicles in 2016. That means 2016 was the first year in over 20 years with more than 6,000 pedestrian accident fatalities. An average of 13 people were hit and killed by a motorist each and every day while walking in 2014.

Between 2004 and 2014, the number of pedestrians who lost their lives in collisions with vehicles totaled 46,149. If that was not bad enough, studies have shown that you are 7.2 times more likely to get killed walking down the street than from a natural disaster like a tornado or hurricane.

Understanding Your Legal Rights as a Pedestrian Accident Victim

If you or a family member was hit and seriously injured while crossing the street or walking along a sidewalk, you may be able to pursue compensatory damages from the negligent driver who hit you.

If you own a vehicle, you can access up to $10,000 from Personal Injury Protection (PIP) coverage that is mandated under Florida law. If you do not own a car, the other driver’s PIP insurance will likely cover your immediate medical expenses and lost wages. Since Florida is a “no fault” state, you can access this PIP coverage without having to establish liability on the driver.

Recoverable Financial Restitution in a Pedestrian Accident Claim

If you suffered serious, life-altering injuries after being hit by a vehicle, you can pursue compensation for the following harms and losses:

• Medical bills, including ambulance bills, ER care, physical therapy, medications, and so forth.
• Lost wages, if you are forced to take time off of work to recuperate. If your injuries are catastrophic and you become permanently disabled, you can also pursue future lost wages.
• Pain, suffering, emotional trauma, stress, mental anguish, and other intangible harms you were forced to endure as a result of the accident.

Speak to an Experienced Miami Pedestrian Accident Lawyer Today

If you or a loved one was hit by a car, you need experienced and aggressive representation to get the maximum amount of financial restitution for your harms and losses. That is why you should call the office of Alan Goldfarb, P.A. in Miami and schedule a free case review.

Resources:

mysuncoast.com/news/local/pedestrian-fatality-rates-on-rise-in-florida/article_8990bd64-1e26-11e7-b482-4fb5104a5d71.html

miamiherald.com/news/local/community/miami-dade/article168311167.html

A pedestrian was killed in an accident in Fort Lauderdale the other night that started out as a hit and run. The driver initially fled the accident scene but then apparently changed their mind and returned. The accident is under investigation and the driver is cooperating, but for the pedestrian, it does not change the outcome.

In Florida, You Have To Stop

It is against the law for drivers in Florida to leave the scene of any accident in which they have been involved, regardless of what has been hit. Even if there is only property damage, the driver must stop. It is easy to understand the fear that drivers may have about stopping after they have hit something – or someone. For drivers, facing the reality of having hit someone is difficult. The uncertainty of what may happen and feelings of panic may make even the most conscientious driver contemplate leaving the scene. However, the law in Florida, as in most other places, requires a driver to stop and provide help to victims of an accident that he or she has caused. Set forth in Florida Code Section 316.027, the driver of a vehicle that has caused injury to a person must perform certain acts including rendering aid or making sure that the victim receives the aid they need, providing their personal and vehicle information to victims and/or law enforcement personnel, and reporting the accident to the nearest police station if they are not already made aware. Failure to abide by hit and run laws can result in criminal charges, fines, and other punishments.

The Difference Between Life And Death

The importance of hit and run laws cannot be overstated and can mean the difference between life and death to an accident victim. In that crucial time right after an accident, it is imperative that a victim receive the medical attention they need as soon as possible. Depending upon the injuries, even a short period of time can make a difference.

But What Can I Do?

If you have been involved in an accident, there are certain things you can do to help those who are injured:

• After first checking yourself to ensure you are in a condition that allows you to help others, check others for injuries and signs of breathing or a pulse.
• If there is no sign of breath, check to see if there is an obstruction and, if there is no pulse, perform CPR if you know how.
• Lessen chances that a victim will choke by turning them on their side if they are bleeding from the mouth or vomiting, and apply pressure to wounds to control bleeding.
• It is best not to move a victim if possible in case they have spinal injuries or other broken bones that could be worsened by improper movement.
• Keep the victim warm – accident victims can easily go into shock and experience extreme cold.

Have You Been Injured In A Hit And Run Accident? We Can Help!

If you or a loved one has been involved in an auto accident, the legal professionals at the office of Alan Goldfarb, P.A. are here to help. We will make sure you know about your rights and responsibilities and talk to you about how the legal system may handle your case. Let our Miami car accident attorneys help you get the results you deserve – contact us today to schedule your appointment to get started.

Resource:

wsvn.com/news/local/pedestrian-fatally-struck-in-fort-lauderdale-driver-flees-then-returns/

Overall Liability

Everyone who uses the public roads, regardless of if they are a driver, on foot, or riding a bicycle, skateboard, or other means of self-powered transportation, will be held to the same standard of care under the law: to act as a reasonably prudent person.  The idea that an auto-pedestrian accident is always the driver’s fault comes from a misunderstanding  of the “reasonably prudent” standard—that what is “reasonably prudent” for the driver of a vehicle involves a lot more attention and care than what is “reasonably prudent” for a pedestrian.  A person driving a car can obviously cause a lot more harm than a person who is on foot, so a driver in a car is expected to be more vigilant than a person on foot needs to be.

Pedestrians, however, must still obey any relevant traffic laws in the same way that a person in a car does, and any individual pedestrian must exercise the same amount of caution as a normal person walking by a road would.  Unfortunately, not every person chooses to conduct themselves with the average amount of prudence: many collisions between a car and a pedestrian actually occur inside of the roadway, a place that the pedestrian made a conscious decision to enter.

Pedestrian Liability

Understanding this, it makes sense that a pedestrian can be held liable by the courts if their negligence is the cause of an accident, and that the driver of a car in this situation, as well as the driver’s insurance company, can pursue legal action against the pedestrian or their insurance companies in order to recover expenses that were incurred because of the pedestrian’s negligence.

A driver in the position of trying to receive compensation for damages in these circumstances, however, needs to be aware that insurance companies are often reluctant to attempt to recover from a negligent pedestrian, especially if they were seriously injured.  This can make it where if the driver’s losses will not be fully covered by their own insurance, or if they have a high deductible under the terms of their policy, it can be in their best interest to attempt to seek redress through litigation instead.  Typically when someone files a claim with their insurance they have to sign over their rights to seek recovery themselves to the insurance company, called subrogation, at which point they will no longer be able to sue for any uncompensated losses.  Because of this, in a matter that involves significant losses a driver should speak with an experienced attorney before they file an insurance claim to make sure that they properly protect their interests.

Reach Out to Us for Help

If you or someone you know has been in an auto accident, the legal team at the office of Alan Goldfarb, P.A. is here to help.  Contact us today by telephone at 305-371-3111 or online to discuss your situation, and learn how we can make sure that your best interests are protected.