Pedestrian Accidents

Pedestrian accidents are some of the most serious and life-altering incidents a person can experience. When a pedestrian is struck by a vehicle, the injuries can range from broken bones and head trauma to permanent disability or even death. The aftermath of such an accident can be overwhelming, both for the victims and their families, who often face mounting medical bills, lost income, and long recovery periods. At Rafferty Domnick Cunningham & Yaffa, we understand the profound impact these accidents can have on your life, and we are here to help you pursue justice and recover the compensation you deserve.

With years of experience handling pedestrian accident cases, our firm has built a reputation for delivering outstanding legal representation. We take a personalized approach to every case, ensuring that our clients receive not only professional legal guidance but also the compassionate support they need during such a difficult time. Whether you need help navigating the complexities of an insurance claim or are considering filing a personal injury lawsuit, Rafferty Domnick Cunningham & Yaffa will be by your side every step of the way.

 

Understanding Pedestrian Accidents

A pedestrian accident happens when a person on foot is struck by a vehicle, such as a car, truck, or motorcycle. These incidents are particularly dangerous for pedestrians, who have no physical protection against the force of a vehicle. While drivers benefit from seat belts, airbags, and the car’s structure, pedestrians are completely exposed, making them vulnerable to severe injuries or death.

The National Highway Traffic Safety Administration (NHTSA) reports that thousands of pedestrians die every year in traffic-related accidents, and many more suffer debilitating injuries. Pedestrian accidents are especially common in busy urban areas, where foot traffic and vehicle traffic often intersect, but they can happen anywhere, even in residential neighborhoods or parking lots.

At Rafferty Domnick Cunningham & Yaffa, we represent clients who have been involved in a wide range of pedestrian accident cases, including:

Crosswalk accidents
These occur when a pedestrian is hit while crossing at a designated crosswalk. Drivers are required by law to yield to pedestrians in crosswalks, but many accidents happen because drivers fail to stop or are distracted.

Hit-and-run pedestrian accidents
In some cases, the driver responsible for the accident flees the scene without stopping to assist the injured pedestrian. These cases are particularly complex, but we work tirelessly to help victims seek justice, even when the driver’s identity is unknown.

Jaywalking accidents
Pedestrians who cross the street outside of designated crosswalks can still seek compensation if struck by a vehicle, though fault may be shared between the pedestrian and the driver.

Vehicle-pedestrian collisions
These can occur in various settings, from busy city streets to quiet residential areas. Pedestrians are often struck by drivers who are speeding, distracted, or failing to follow traffic laws.

Regardless of the circumstances surrounding your accident, our attorneys have the experience and resources to help you pursue compensation for your injuries.

Common Causes of Pedestrian Accidents

Pedestrian accidents often occur due to the negligent actions of drivers. While pedestrians can also contribute to accidents by not following traffic laws, in most cases, it is the driver’s responsibility to remain vigilant and aware of their surroundings, especially in areas where pedestrians are likely to be present. Some of the most common causes of pedestrian accidents include:

Distracted driving
One of the leading causes of all traffic accidents, distracted driving can be particularly dangerous for pedestrians. Drivers who are texting, talking on the phone, or otherwise distracted may fail to notice pedestrians crossing the street.

Speeding
When drivers exceed the speed limit, they have less time to react to potential hazards, including pedestrians. Speeding increases both the likelihood of an accident and the severity of the resulting injuries.

Failure to yield at crosswalks
Drivers are required to stop and yield the right of way to pedestrians in crosswalks. Unfortunately, many drivers fail to do so, either because they are not paying attention or because they are in a rush.

Driving under the influence
Alcohol and drugs impair a driver’s ability to make sound decisions and react quickly to changing conditions on the road. Drunk driving is a leading cause of fatal pedestrian accidents.

Poor visibility
Accidents are more likely to occur at night, during bad weather, or in poorly lit areas where drivers may have difficulty seeing pedestrians.

In each case, identifying the cause of the accident is crucial for determining liability. At Rafferty Domnick Cunningham & Yaffa, we conduct a thorough investigation of the accident, working with experts in accident reconstruction to uncover the facts and build a strong case for our clients.

 

Your Legal Rights After a Pedestrian Accident

As a pedestrian accident victim, you have certain legal rights under Florida law. You are entitled to pursue compensation for any damages you have suffered as a result of the accident, including medical bills, lost wages, pain and suffering, and more. However, the process of seeking compensation can be complicated, especially if the driver or their insurance company disputes liability.

At Rafferty Domnick Cunningham & Yaffa, we are committed to protecting your rights and ensuring that you receive the compensation you need to recover fully. Some of the damages you may be entitled to include:

Medical expenses
This can include the cost of emergency medical treatment, surgeries, hospital stays, rehabilitation, physical therapy, and ongoing care for long-term or permanent injuries.

Lost wages
If your injuries prevent you from working, either temporarily or permanently, you can seek compensation for the income you have lost as a result of the accident.

Pain and suffering
In addition to economic damages, you may be entitled to compensation for the physical pain and emotional distress caused by the accident. This is often a significant component of pedestrian accident claims, especially in cases involving severe injuries.

Disability and disfigurement
Pedestrian accidents can result in permanent injuries, such as paralysis, traumatic brain injuries, or the loss of a limb. These injuries can require lifelong care and significantly impact your quality of life.

Wrongful death
If a loved one was killed in a pedestrian accident, surviving family members may be able to file a wrongful death claim to recover compensation for funeral expenses, loss of companionship, and other damages.

Our attorneys will work with medical professionals, economists, and life-care planners to evaluate the full extent of your damages and ensure that you receive fair compensation.

Why You Need an Experienced Pedestrian Accident Attorney

Pedestrian accident cases can be legally complex, especially when multiple parties are involved or when the fault is disputed. Insurance companies often try to minimize the amount they have to pay, and without experienced legal representation, victims may not receive the full compensation they are entitled to.

At Rafferty Domnick Cunningham & Yaffa, we offer the experience and resources needed to take on insurance companies and other responsible parties. Our attorneys have a deep understanding of Florida’s traffic laws and personal injury statutes, and we are committed to providing aggressive representation to ensure that our clients are treated fairly.

Here’s what we can do for you:

Comprehensive investigation
We gather all necessary evidence, including police reports, witness statements, traffic camera footage, and expert testimony, to build a strong case.

Negotiation with insurance companies
Our attorneys are skilled negotiators who will fight for a fair settlement that covers all of your current and future needs. We won’t accept lowball offers and will push for the maximum compensation available.

Litigation
If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our trial lawyers have extensive experience in the courtroom and will fight vigorously on your behalf.

Most importantly, we work on a contingency fee basis, meaning you don’t pay unless we win your case.

 

Compensation for Pedestrian Accident Victims

Victims of pedestrian accidents may be entitled to compensation for a wide range of damages, including:

Medical expenses
This includes all costs related to the treatment of your injuries, both immediate and long-term.

Lost wages and earning potential
If your injuries have caused you to miss work or impacted your ability to earn a living, you may be entitled to compensation for both past and future lost income.

Pain and suffering
Pedestrian accident victims often experience significant physical pain and emotional trauma, for which they deserve compensation.

Punitive damages
In cases where the driver’s conduct was particularly reckless or egregious, punitive damages may be awarded to punish the driver and deter future misconduct.

Our attorneys will work closely with you to ensure that all of your damages are fully accounted for and that you receive the maximum compensation available under the law.

Frequently Asked Questions About Pedestrian Accidents

Who is at fault in a pedestrian accident?
In most pedestrian accident cases, the driver is at fault, particularly if they failed to yield the right of way, were speeding, or were distracted. However, fault can sometimes be shared if the pedestrian was jaywalking or crossing the street outside of a designated crosswalk. Our attorneys will thoroughly investigate your case to determine fault and build a strong case on your behalf.

How long do I have to file a pedestrian accident claim?
In Florida, you generally have four years from the date of the accident to file a personal injury claim. However, if the accident resulted in a fatality, the statute of limitations for a wrongful death claim is two years. It’s important to contact an attorney as soon as possible to ensure that all necessary evidence is preserved and that your claim is filed on time.

What damages can I claim after a pedestrian accident?
Pedestrian accident victims can claim damages for medical expenses, lost wages, pain and suffering, disability, and, in some cases, punitive damages. Our attorneys will evaluate your case to determine the full extent of your losses and ensure that you receive fair compensation.

Do I need a lawyer for a pedestrian accident?
Yes. Pedestrian accident cases can be legally complex, and insurance companies often try to minimize payouts to victims. A lawyer can help you navigate the legal process, gather evidence, negotiate with insurance companies, and fight for the compensation you deserve.

 

Contact Rafferty Domnick Cunningham & Yaffa Today

If you or a loved one has been injured in a pedestrian accident, don’t wait to seek legal representation. The attorneys at Rafferty Domnick Cunningham & Yaffa are here to help you understand your rights, navigate the legal process, and secure the compensation you need to move forward. Contact us today for a free consultation, and let us help you take the first step toward justice and recovery.