If you’ve been involved in a pedestrian accident in Palm Bay, Florida, it’s critical to speak with a Palm Bay pedestrian accident lawyer as soon as possible to ensure appropriate compensation for the incident. Contact Norden Leacox Accident & Injury Law at (321) 334-3819 to schedule a free consultation.
Being involved in a pedestrian accident in Palm Bay, FL, is one of the most distressing things a person can go through. It can lead to serious injuries, substantial medical bills, and other significant losses and inconveniences.
At Norden Leacox Accident & Injury, we’re here to fight for your rights every step of the way. Our Palm Bay injury lawyers are dedicated to providing personalized legal support to all victims involved in Palm Bay dog bites, premises liability, motorcycle accidents, slip-and-fall accidents, catastrophic injuries, or car accidents.
How Norden Leacox Accident & Injury Law Can Help If You’re in an Accident
If you’ve been in a pedestrian accident in Palm Bay, FL, one of the most important steps you can take is to contact a Palm Bay accident lawyer to help you seek legal recourse. Here’s how our firm can help you:
- We will conduct a thorough investigation of the accident to gather critical evidence and witness testimonies.
- Our team will handle all communications and negotiations with insurance companies to ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering.
- If it comes to it, we will represent you in court to advocate for the maximum compensation for your injuries and losses.
For help after a pedestrian accident in Palm Bay, Florida, we’re here for you. Contact Norden Leacox Accident & Injury Law to schedule a free consultation with a Palm Bay personal injury attorney.
How Common Are Pedestrian Accidents in Palm Bay, Florida?
Pedestrian accidents in Palm Bay, Florida, highlight significant concerns regarding traffic safety and the protection of vulnerable individuals. Here’s an overview of the recent data:
- In Brevard County, where Palm Bay is located, there have been 208 pedestrian crashes in 2024 (as of November 12, 2024)
- This has led to 15 pedestrian fatalities
- In 2023, there were 59 pedestrian accidents in the county
- This caused 24 pedestrian fatalities
If you or a loved one has been injured in a pedestrian accident in Palm Bay, Florida, don’t hesitate to reach out for the support and compensation you deserve.
What is My Pedestrian Accident Case Worth?
The value of a pedestrian accident case can vary widely depending on several important factors. Understanding these elements can help you estimate the compensation you might receive. Important considerations generally include:
Severity of Injuries and Medical Expenses
The extent of your injuries plays a significant role in determining your case’s value. Severe injuries that require extensive medical treatment, surgery, long-term rehabilitation, or cause permanent disability will generally lead to higher compensation. Additionally, all related medical expenses, including hospital bills, physical therapy, and ongoing treatments, are factored into the total value of your claim.
Shared Liability
If you share any responsibility for the accident, your compensation may be adjusted accordingly. Liability determines how much each party is accountable for the incident. For example, if both you and the driver were partially at fault, the compensation you receive might be reduced by your percentage of fault.
Strength of the Evidence
Strong and compelling evidence can greatly enhance the value of your case. Evidence such as eyewitness testimonies, traffic camera footage, police reports, and medical records can help establish who was at fault and the extent of your injuries. The more evidence you have, the stronger your case will be, potentially leading to a higher settlement.
Insurance Company’s Willingness to Settle
The insurance company’s attitude can significantly impact your case’s value. If the insurance company is cooperative and willing to negotiate fairly, you might receive a satisfactory settlement more quickly. However, if the insurer is uncooperative or tries to minimize your payout, you may need legal assistance to pursue the compensation you deserve.
Understanding these factors can help you better assess the potential value of your pedestrian accident case. Contact us today to schedule a free consultation with a pedestrian accident lawyer.
What Kind of Damages Are Available to Pedestrian Accident Victims?
Pedestrian accidents can have profound impacts on victims, resulting in significant physical, emotional, and financial challenges. To help address these hardships, victims may be entitled to various types of damages, including:
Economic Damages
Economic damages cover the tangible financial losses that result directly from the pedestrian accident. These usually include medical expenses, lost wages, property damage, and other out-of-pocket expenses that come as a result of the accident.
Non-Economic Damages
Non-economic damages address the more intangible but equally impactful aspects of a pedestrian accident. These usually include physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Punitive Damages
Punitive damages are awarded to punish the wrongdoer and deter similar behavior in the future. In Florida, punitive damages are awarded when a defendant’s actions involve intentional misconduct or gross negligence.
To get a better idea of what you’re entitled to, reach out to a personal injury lawyer as soon as possible.
Can I Recover Compensation If I’m Being Blamed For a Pedestrian Accident in Florida?
Yes, you might still be able to recover compensation if you’re being blamed for a pedestrian accident in Florida. However, whether you can receive damages depends on when the accident occurred and Florida’s comparative negligence laws.
Accidents Before March 24, 2023
If your pedestrian accident happened before March 24, 2023, Florida followed a pure comparative negligence standard. This means you could still recover compensation even if you were found to be partially at fault, no matter how much. For example, even if you were 99% responsible for the accident, you would still be eligible to receive a portion of the damages, reduced by your percentage of fault.
Accidents On or After March 24, 2023
Starting March 24, 2023, Florida adopted a modified comparative negligence rule. Under this new standard, you cannot recover any damages if you are found to be more than 50% at fault for the accident. However, if you are 50% or less responsible, you can still receive compensation, but it will be reduced by your degree of fault.
Navigating Florida’s comparative negligence laws can be complex, especially with the recent changes. Consulting with an experienced pedestrian accident attorney can help you understand how these rules apply to your specific situation.
We’ll Fight to Recover Compensation For All Of Your Pedestrian Injuries
Pedestrian accidents can lead to a variety of injuries, some of which may have serious and lasting impacts. Here are some of the most common injuries sustained in these types of accidents:
- Concussions and traumatic brain injuries
- Broken bones
- Spinal cord injuries
- Internal injuries
- Lacerations and abrasions
- Severe Bruising
- Nerve damage
- Facial Injuries
- Amputations
- Psychological Trauma
Experiencing any of these injuries highlights the importance of seeking immediate medical attention and consulting with a knowledgeable attorney to understand your rights and options for compensation.
What Causes Most Pedestrian Accidents in Palm Bay, Florida?
Pedestrian accidents in Palm Bay, Florida, can result from a variety of factors. Common ones include the following:
- Distracted Driving
- Speeding
- Failure to Yield Right of Way
- Poorly Designed Crosswalks
- Inadequate Street Lighting
- Alcohol and Drug Impairment
- Jaywalking
- Poor Weather Conditions
- Driver Fatigue
- Vehicle Blind Spots
Understanding these factors can help drivers and pedestrians take proactive measures to enhance safety on the roads.
How Do I Prove Negligence After a Pedestrian Accident in Florida?
Proving negligence in a pedestrian accident is essential to securing the compensation you deserve. This involves demonstrating four elements:
Duty of Care
First, you must prove the defendant owed you a duty of care. Every driver on the road has a legal responsibility to operate their vehicle safely and be vigilant for pedestrians. For example, when a driver approaches a crosswalk, they must slow down and be prepared to stop to allow pedestrians to cross safely.
Breach of Duty
Next, you must prove a breach of duty. A breach of duty occurs when a driver fails to uphold their duty of care. In a pedestrian accident, this might look like a driver running a red light or texting while driving, meaning they are not paying full attention to the road.
Causation
Causation must also be proven. This links the driver’s breach of duty to the accident and the resulting injuries. To prove this, you must show that the driver’s negligent actions directly caused the pedestrian accident. For example, if a driver’s distraction caused them to overlook a pedestrian crossing the street, leading to the accident, causation is established.
Damages
Finally, you must prove that you experienced actual damages. Damages refer to the harm suffered by the pedestrian as a result of the accident. This includes physical injuries, medical expenses, lost wages, and emotional distress. If the pedestrian sustains a broken leg and incurs significant medical bills due to the driver’s negligence, this would be an example of damages.
Successfully establishing these elements is crucial for holding the responsible party accountable and obtaining the compensation you need to recover.
How Long Do I Have to File a Lawsuit After a Pedestrian Accident in Florida?
The time you have to file a lawsuit after being involved in a pedestrian accident in Florida depends on when the accident occurred.
Accidents Before March 24, 2023
If your pedestrian accident took place before March 24, 2023, Florida’s statute of limitations for negligence-related accidents is four years. This means you have four years from the date of the accident to file a lawsuit seeking compensation for your injuries and damages.
Accidents On or After March 24, 2023
For accidents that occurred on or after March 24, 2023, a new statute of limitations came into effect, reducing the filing period to two years. This change means you must file your lawsuit within two years of the accident date to pursue your claim.
Understanding these time limits is essential for protecting your rights and ensuring you receive the compensation you deserve.
Contact Our Palm Bay Pedestrian Accident Lawyer For a Free Consultation
If you’ve been injured in a pedestrian accident caused by someone else’s negligence in Florida, you shouldn’t have to take on the financial burden of your injuries. It’s not fair for you to have to pay for someone else’s irresponsibility. If you find yourself in this situation, our attorneys can help you seek the compensation you’re entitled to from the responsible party. Contact Norden Leacox Accident & Injury Law to schedule a free consultation with a Palm Bay pedestrian accident lawyer.