How to Find the Best Pedestrian Accident Lawyer in Florida

In 2022, there were 10,247 pedestrian accident collisions in the state of Florida. These accidents resulted in 786 pedestrians losing their lives in motor vehicle accidents as well as 1,386 incapacitating injuries among pedestrians, according to the Florida Highway Safety and Motor Vehicle Department .

Pedestrians have legal rights when someone has hurt them. However, enforcing those rights and navigating the legal system is complicated. Hiring a pedestrian accident attorney is usually the best course of action to identify options, comply with legal deadlines and requirements, and make a successful claim for compensation.

This guide will explain how to find the best Florida pedestrian accident lawyer as well as what a skilled legal advocate can do to help you after you were hurt or if you a loved one who was involved in a collision with a vehicle while walking.

What Does a Pedestrian Accident Lawyer Do?

Pedestrian accident lawyers offer invaluable assistance in the aftermath of a collision involving someone who is walking at the time of the accident.

A person who was hurt in a crash while walking may be able to make a claim to recover compensation from their own insurer. This claim would be made under PIP coverage.

If you are a driver who has an automobile insurance policy, you’re required to buy personal injury protection (PIP) coverage in Florida as explained by Florida Statute section 627.7407 . Drivers need a minimum of $10,000 in personal injury protection, and this coverage pays for 80% of medical expenses resulting from the incident. It does not cover things like pain and suffering or emotional distress.

PIP covers you not only when you’re driving but also if you are a pedestrian. It also covers others in the household of an insured driver, so, for example, a child injured in a pedestrian accident should be covered by their parents’ PIP policy if their parents own an insured vehicle in Florida.

If you don’t have PIP coverage, however, recovering from your insurer wouldn’t be an option, and you’d need to make a claim against the other driver’s insurance. An attorney can help determine if PIP coverage applies and, if so, can assist in understanding the deadlines and process for making a claim and obtaining payment. If there’s a dispute or issue with the insurer, your lawyer can also provide assistance.

For serious injuries — defined in Florida Statute section 627.737 as fatal injuries, as well as permanent injuries that cause disfigurement or impair functionality — pedestrians may also pursue a claim against a driver who was at-fault for their accident. Getting legal help enables you to determine if this is an option for you. Your attorney will guide you through the legal process if you can hold the other driver accountable.

Pursuing a case against another driver could open up the door to additional types of compensation that PIP doesn’t offer, including payments for pain and suffering and emotional distress arising from the accident and resulting in an injury.

An experienced attorney can work with you to prove your injuries rise to the level of seriousness necessary to be able to hold the other driver accountable. Since pedestrians have no protection from the force or impact of a crash, injuries are often very serious so getting this type of legal assistance is invaluable.

How to Find the Best Pedestrian Accident Lawyer Near You

The first step in finding a skilled lawyer is to narrow down the list of legal professionals you wish to consider. Identify potential attorneys who can represent you by taking the following steps:

• Networking. Use social media to connect with people in your life who may have worked with an attorney in the past. Ask them if they can recommend a pedestrian accident lawyer. If you’ve been represented by an attorney in the past, such as in a real estate closing, ask the attorney if they could refer you to a colleague who handles pedestrian accident claims.
• Searching online . Most accident lawyers have websites explaining some basics of the law and showcasing their credentials. Search for an attorney who has represented victims harmed while walking. Read the information they provide to see if they seem like a skilled lawyer you should pursue further.
• Taking advantage of professional advice. Check with the local bar association and with professional groups located near you to see if anyone can recommend a trusted lawyer with pedestrian accident experience.

Once you’ve narrowed down your list, you’ll need to do a deeper dive into whether a potential pedestrian accident lawyer is the right person for you. To make this decision, be sure to take these key factors into account.

Experience In Pedestrian Accident Claims

There are many different areas of the law. For example, some attorneys specialize in medical malpractice or in workers’ comp claims. Others focus on car accidents and some have an even more specific niche and spend most of their careers representing pedestrian accident victims

When you’re looking for a lawyer to represent you, be sure you find an attorney with experience handling cases similar to your own.

Payment on Contingency

While attorneys charge hourly fees for certain types of cases, such as divorce proceedings, accident lawyers usually do not. Instead, most attorneys who represent victims of pedestrian collisions will charge on a contingency fee basis.

An attorney who charges contingency fees will not collect any legal fees if they are not successful in helping you recover damages. They will collect a percentage of the amount they help you to obtain. The percentage varies depending whether your claim is resolved in a settlement before trial, a court case or after an appeal.

Attorneys who charge contingency fees, have a strong incentive to help you maximize your monetary recovery as this results in more compensation for them. You typically don’t have to worry about ending up with less money once you pay your lawyer, as studies have shown that being represented by a legal professional often results in a larger damage award.

In fact, the research revealed that most people with a lawyer representing them ended up with more money to compensate them for their accident even after accounting for the contingency fee.

Working with an attorney who charges on a contingent fee basis is the best and only option for these reasons. You don’t want to get hit with large legal fees you’d have to pay even if you didn’t prevail and recover compensation for your losses.

Strong Communication Skills

It’s important to make sure your lawyer is an empathetic, knowledgeable, and informative communicator because you are likely going to be exchanging personal information throughout the progress of your case.

You need to be comfortable talking with the lawyer you hire about intimate details of your injury and of your pre-and-post financial life. You also can expect that your case will take time to resolve, so your attorney should keep you regularly updated with its status.

You can get an idea of whether you’ll be able to communicate effectively during your consultation with any potential lawyers you’re considering hiring. Pay attention to how your lawyer responds when you speak or provides answers to questions.

You’ll also want to make sure you’ll have the desired level of communication as your claim unfolds. For example, find out when and how often your attorney will reach out with updates about your case and whether you’ll be talking directly to your lawyer or working with a paralegal or an associate. Asking these questions ensures the attorney you hire has a communication style that is a good match for.

Successful Track Record in Pedestrian Accident Clams

While past performance is not indicative of future results, it’s helpful to ensure that the pedestrian accident lawyer you are working with has consistently won cases on behalf of clients.

A track record of success demonstrates that your attorney has the knowledge, skills, and experience to give you the best possible chance of maximizing your compensation.

Skilled Negotiator and Litigator

Pedestrian accident claims could be resolved through an out-of-court settlement or through courtroom proceedings.

You’ll want to hire an attorney who is a skilled negotiator as this maximizes your chance to settle your claim and not have to go to court. Settling eliminates the stress and uncertainty of courtroom proceedings and allows you to recover compensation more quickly.

Not all cases do settle, though. An estimated 3% of injury claims are resolved in litigation, according to the Bureau of Justice Statistics . This means that your attorney also must have courtroom experience and be prepared to gather evidence, file court documents and prove your claim in court.

Not all pedestrian accident lawyers have a strong track record of successful litigation but if you want to make certain your lawyer can go before a judge to advocate for you after an accident, it’s crucial to find a lawyer who is ready to go to trial.

Why Hire a Florida Pedestrian Accident Attorney

There are many reasons why it is important to hire a pedestrian accident lawyer — and take the time to find a good one. Here are some of the things your attorney can do for you.

Make a Strong Pedestrian Accident Claim

Pedestrians often suffer very serious injuries when they are struck by vehicles. These injuries can cause life-changing and permanent harm. Traumatic brain injury and spinal cord damage are two of many common outcomes when a pedestrian with no protection is hit by a driver in a passenger car, truck or SUV.

It’s up to the crash victim to show that the driver was legally responsible for hurting them as a result of their negligence or violation of safety laws. Pedestrians injured in accidents also must demonstrate the extent of their damages and losses to be able to fully recover for all of the harm they endured.

A skilled legal professional can strengthen your case. Your attorney can gather police reports, security camera footage from the scene, witness statements and more. Your attorney can also help you to find expert witnesses who can testify as to the cause of the accident or extent of your damages.

The stronger the case your attorney helps you make, the more likely it is that you’ll be given a fair settlement offer or that you’ll prevail and receive a significant damage award.

Take Action Within the Time Limit

There’s a two year statute of limitations for injury claims arising from negligence in Florida under Florida Statute section 95.11 . If you don’t take action within the allowable time, your claim could be time barred. If you are making a PIP claim, you’ll also have a time limit to follow.

In the aftermath of an accident, trying to navigate these issues can be stressful and you risk not being able to move forward with your case if you make a mistake. An experienced attorney understands the time deadlines not just for filing an injury claim against the other driver, but also for recovering compensation through your PIP coverage.

Your attorney can ensure you’re on schedule and able to move forward to recover the necessary compensation as quickly as possible.

Negotiate with Insurers

If you were seriously hurt in a pedestrian accident and the other driver’s insurer is taking the blame and compensating you, you can’t assume they have your best interests in mind. Insurers want to pay out as little as possible and they have experts to help them in this effort.

With help from a legal professional, you’ll maximize the chances of successfully negotiating a settlement that compensates you fairly for all the losses you endured. Your attorney knows what your case is worth, can send a demand letter to start off negotiations, and can advocate for you during settlement talks to ensure you are compensated fairly.

Represent You in Court

If you can’t settle, your attorney can navigate the litigation process on your behalf by filing court paperwork, meeting deadlines, and presenting compelling evidence to the court.

FAQ

How to Find the Best Pedestrian Accident Lawyer in Florida?

To find the best pedestrian accident lawyer, look for an attorney with extensive experience representing clients in similar claims. Reach out to your social network, ask for referrals from attorneys that you know, search the Internet for lawyers who specialize in pedestrian accident claims or tap into local professional networks.

When you’ve identified potential lawyers, make sure they communicate effectively with you, have a strong track record of successful claims, have courtroom experience, and charge on a contingent fee basis.

How Much Does a Florida Pedestrian Accident Lawyer Charge?

Most pedestrian accident lawyers work on a contingency fee basis. They charge a percentage of the compensation they help you recover. If you do not win your case, they do not collect legal fees.

Can You Sue for Personal Injury After a Pedestrian Accident?

If you are a driver who has an automobile insurance policy, you’re required to buy personal injury protection (PIP) coverage in Florida as explained by Florida Statute section 627.7407 . If you have PIP coverage in place, it will cover you even if you are injured as a pedestrian and another driver hits you.