Pedestrian Accident Lawyer in Ormond Beach, FL

Far too many Florida pedestrians are seriously injured or killed by negligent drivers every year. A recent study of pedestrian deaths ranked Deltona-Daytona Beach-Ormond Beach, Florida, as the most dangerous metropolitan area in the United States. The report’s top 20 most dangerous metro areas in the nation for pedestrians included seven Florida locations.

Being hit by a car can easily cause disabling injuries or death. In addition to a life that will never be the same, pedestrian accident victims often face mountains of medical bills and less ability to pay them while they are out of work.

Did you get hit by a car due to someone else’s negligence? Financial compensation could be available for the injuries and losses you suffered. An Ormond Beach pedestrian accident lawyer from Chiumento Law, PLLC, can help you seek compensation for medical bills, lost wages, pain and suffering, and more.

Since 1973, our skilled Ormond Beach pedestrian accident attorneys have helped Floridians recover compensation for the devastating effects of collisions caused by others’ carelessness. You do not have to go through this alone — and you should not. Insurance companies employ a variety of unfair tactics to compel accident victims to accept lowball settlements for far less than they deserve.

We cannot keep reckless drivers off Florida roads. But we can hold them accountable for the harm they caused. Call (386) 445-8900 or contact us today for a free consultation.

How Our Attorneys Can Help with Your Pedestrian Accident Case

A pedestrian hit and injured by a negligent driver has legal rights under Florida law. A skilled Ormond Beach pedestrian accident lawyer can help you navigate the legal system and pursue maximum compensation for your losses.

To help you after a pedestrian accident caused by a negligent driver, we will:

• Investigate the pedestrian accident – A thorough examination of the facts allows us to determine how the accident occurred and who is liable for your injuries.
• Collect evidence – Medical records, police reports, witness statements, accident scene photographs, video footage, toxicology test results, and expert reports can support a claim for maximum compensation.
• Calculate your total costs and losses – Our pedestrian accident attorneys will prepare and file a pedestrian accident claim demanding full compensation from the insurance company(s).
• Negotiate a settlement – Insurance companies rarely pay fair compensation without a fight.  A personal injury lawyer from Chiumento Law, PLLC, will press stubborn insurers for a full settlement that reflects all your losses.
• Take the case to trial – If settlement negotiations fail, we will present a strong case for you at trial, where a judge or jury decides your case.

Florida is a no-fault insurance state, which means motorists maintain personal injury protection (PIP) coverage to pay their initial bills after car accidents. If you or a household member has PIP insurance for a vehicle, you will be covered under that policy. If no one in your household owns a car, you will be covered by the PIP insurance of the driver who hit you.

PIP coverage is normally $10,000 and covers relatively minor injuries and a portion of your lost wages. If your medical expenses and lost income exceed $10,000, you may sue the at-fault driver for your losses beyond the $10,000 available through PIP. A personal injury lawsuit could allow you to recover compensation for the full amount of your medical expenses, lost wages, and non-economic damages like pain and suffering.

Once you recover to a point where we can calculate your past, current, and anticipated future losses, we can file your pedestrian accident claim. Most pedestrian accident cases are settled in negotiations, but we will be ready to take your case to court if necessary to recover appropriate compensation for you.

If you lost a family member in a fatal pedestrian accident, you could be able to file a wrongful death lawsuit. The lawyers at Chiumento Law, PLLC, can help you through the legal process while you grieve, demanding accountability for your unimaginable loss.

Recoverable Damages Available in Pedestrian Accidents

A pedestrian severely injured in a car accident would have the right to seek additional compensation after exhausting PIP coverage. Compensation in a successful pedestrian accident case could include money for:

• Remaining medical expenses, including rehabilitation and counseling
• Lost wages
• Lost earning capacity
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Loss of familial relationships

For a client permanently disabled in a pedestrian accident, we work with consultants to project lifelong medical, adaptive, and assistance needs in a life care plan and include those costs in our demands.

In a fatal pedestrian accident, we would also seek wrongful death damages for:

• Funeral and burial expenses
• Loss of care, guidance, and companionship that person provided to loved ones
• Mental pain and suffering
• Loss of support services the accident victim provided

Rights & Responsibilities of Pedestrians in Florida

Contrary to popular belief, pedestrians do not always have the right of way in Florida. Understanding the state’s pedestrian laws is a crucial part of traffic accident prevention. Here’s what you need to know:

Pedestrians generally have the right of way when crossing the street, but a pedestrian who jaywalks or darts out into traffic can be held partially liable for an accident. Because Florida is a “modified comparative negligence” state, the damages awarded in a pedestrian accident lawsuit can be reduced according to how much the plaintiff is at fault for the accident. As your attorneys, we would work to refute or mitigate the impact of any evidence against you.

Pedestrians should use crosswalks and/or cross with signals at intersections. Drivers must yield to pedestrians once they step into a crosswalk, but pedestrians are expected to yield to drivers if they cross the street without a designated crosswalk.

Common Causes of Pedestrian Accidents

Pedestrians are responsible for their safety in traffic. However, due to the danger posed by an accident, motorists must avoid hitting pedestrians even when the pedestrian is in error.

Often, a pedestrian is hit by a car as the driver turns at an intersection without properly looking ahead. As a motorist turns right, they tend to look left for oncoming traffic and may miss a pedestrian on the right. During left-hand turns, the driver’s line of sight is partially blocked by the vehicle’s support between the windshield and side window (the “A-pillar”).

Pedestrians also suffer injuries in accidents as drivers back up or pull away from parking spaces, alleys, or driveways without checking properly.

Higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of any resulting injury.

Due to their greater body weight, large vehicles like SUVs and commercial trucks can cause more serious injuries to pedestrians in a collision. Large vehicles’ higher and longer profile makes it harder for drivers to see pedestrians, especially shorter people like children and the elderly.

Other common contributing factors in pedestrian accidents include:

• Distracted driving
• Drunk driving
• Drug intoxication
• Fatigued driving
• Disregarding traffic controls (e.g., running stop signs, stoplights, etc.)
• Losing control of the vehicle
• Road rage

Occasionally, other factors contribute to a pedestrian accident, such as:

• Insufficient signage around road construction zones
• Malfunctioning traffic lights or crosswalk signs
• Dangerous road conditions

In such cases, the responsible contractors and/or government entities that hired them may be held accountable for a pedestrian accident.

What To Do if You’ve Been Injured in a Pedestrian Accident

After you have been hit by a motor vehicle, you or a companion should:

• Notify police via 911
• Get contact and insurance information for the driver involved
• Get names and phone numbers/video of witness statements
• Take photos of the accident scene, including vehicle damage and injuries
• Seek medical attention immediately
• Report the accident to your PIP insurance provider
• Contact a pedestrian accident lawyer in Ormond Beach

As you deal with an accident and injury, be careful in conversations with insurance companies and others. Do NOT:

• Accept blame for the accident
• Downplay your injuries
• Sign anything offered by an insurance company
• Post to social media about the accident or your injuries

If you already hired a lawyer, refer all questions about the accident, your injuries, your medical care, or an insurance claim to your attorney.

Contact Our Pedestrian Accident Lawyers in Ormond Beach

Thousands of pedestrians are gravely injured or die every year in Florida due to motor vehicle accidents. Individuals who survive pedestrian accidents are often permanently disabled and face hefty medical bills, lost income, and loss of the life they once led. Fortunately, there is legal recourse for many pedestrian accident victims and/or their families.

If you or someone you love has been seriously injured in a pedestrian accident in the Ormond Beach or Volusia County area, the car accident attorneys at Chiumento Law, PLLC can help you. We will fight to recover every bit of the compensation you are due. Contact us today and set up a free consultation by filling out the form on our website or phoning a skilled legal professional at (386) 445-8900.