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Pembroke Pines Pedestrian Accident Lawyer

The southern Florida sunshine consistently draws crowds to beautiful Pembroke Pines. Whether you’re shopping at the Pembrook Lakes Mall or enjoying one of the many restaurants on Pines Boulevard, you have the right to take advantage of walking weather. These commercial areas are designed to draw foot traffic but are also subject to heavy traffic flow. Roadways such as these suffer from what the Centers for Disease Control (CDC) refers to as design conflicts, which account for nearly 60 percent of fatal pedestrian accidents in the United States.

If a vehicle struck you while you were walking in Pembroke Pines, you’re not alone. The experienced pedestrian accident lawyers at Garnes Injury Law can help you and your loved ones recover needed financial compensation from negligent drivers and property owners. Schedule a free, no-risk pedestrian injury consultation with our personal injury team today by calling (954) 905-2683 or connecting with us online.

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Common Types of Pedestrian Accidents

Personal Injury Attorney Erika V. Garnes, Esq.

Driver negligence is a leading cause of serious pedestrian traffic accidents in southern Florida, especially when congestion increases during the winter months. Our experienced legal professionals will fight to hold drivers accountable for the following traffic violations commonly resulting in pedestrian injuries:

  • Failure to Yield: Pedestrians generally have the right of way, especially in crosswalks and designated pedestrian areas. Drivers must always yield to pedestrians in parking lots, crosswalks, and when turning across walking and running paths.
  • Speeding: Speed limits aren’t arbitrary. Florida sets specific speed limits in areas with heavy foot traffic because lower limits reduce both the probability of an accident and, if an accident occurs, the severity of the injuries sustained. When drivers speed, they often cannot stop their vehicles before hitting pedestrians in crosswalks. Our firm works with accident reconstruction experts who can analyze black box data and video footage to calculate the vehicle’s true speed immediately before impact.
  • Drunk Driving: Drugs and alcohol impact drivers’ ability to process information. A drunk driver may see the pedestrian but fail to process how they need to physically respond, such as hitting the brakes or swerving. Even a few seconds can make the difference between life or death for pedestrians run over in Pembroke Pines.
  • Low Lighting: Most serious and fatal pedestrian accidents occur in poorly lit areas, including dangerously designed intersections. In such cases, our experienced municipal liability lawyers may hold the city responsible for these design flaws. We might also hold negligent parking lot owners liable for failing to provide safe lighting and passage to pedestrians. Sudden storms, common in South Florida, also contribute to dangerous pedestrian accidents. Drivers are responsible for pulling over and slowing down if the weather obstructs their view and prevents them from driving safely.
  • Distracted Driving (Texting/GPS): When drivers look at their cell phones, especially when searching for a particular restaurant or shop, it takes their eyes off the road. Distracted driving due to cell phone use is a leading cause of serious pedestrian accidents on Pines Boulevard.

Our experienced pedestrian injury lawyers will thoroughly investigate the collision to determine if the driver violated Florida traffic laws. If so, we might demand compensation from liable insurance companies.

Options for Pedestrians Injured in Unmarked Crosswalks

Poorly designed roadways often lead to jaywalking, defined as when someone illegally crosses the street. This may be as simple as crossing against a traffic control device or in an area more convenient for shoppers. Jaywalking does not prevent injured pedestrians from obtaining needed damages if the driver’s negligence caused the collision. This is especially true if a careful driver could have avoided the accident. You should still contact a lawyer if a vehicle struck you, regardless of whether you were in a crosswalk.

Further, Florida law recognizes unmarked crosswalks at intersections. Careful pedestrians are permitted to cross the street at any intersection without a marked crosswalk or traffic control device. Drivers are required to yield to pedestrians in such cases, especially when the pedestrian is halfway across the road, when many accidents occur. At Garnes Injury Law, we commonly see auto insurance adjusters deny injured pedestrians needed compensation in such cases. We can fight to overturn a fault determination and maximize your financial award even if you weren’t in a designated pedestrian area at the time of the accident.

Catastrophic Pedestrian Injuries Sustained in Pembroke Pines Traffic Accidents

Pedestrians are no match for even the lightest motor vehicles. When cars, SUVs, or motorcycles strike innocent pedestrians, it commonly results in the following serious or fatal injuries:

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Pedestrian injuries are often compounded if a second impact occurs. A walker may suffer an initial injury from the direct vehicle strike, such as a broken hip, and then a secondary injury from striking their head on the pavement. Drivers are liable for not only damages caused by the direct impact but also injuries sustained if the pedestrian hits the street or is run over by another vehicle.

Understanding Florida’s No-Fault Insurance Laws in Pedestrian Accident Cases

Florida is a no-fault state, meaning our attorneys might help injured pedestrians immediately file no-fault claims with their personal auto insurance carriers after traffic accidents. If you suffered an injury in a pedestrian accident and carried no-fault insurance (mandatory in both Florida and New York), you might obtain immediate compensation for medical expenses and lost income regardless of fault. However, the no-fault system comes with certain limitations.

To hold liable drivers accountable for your injuries in no-fault states, the injury must be serious. This is referred to as the serious injury threshold. The following are considered qualifying serious injuries under Florida Law.

Permanent or Significant Loss of a Bodily Function

Pedestrians run over by negligent drivers might suffer from severe organ damage. This often includes irreparable damage to the lungs, heart, kidneys, stomach, bowels, or reproductive system. You may qualify to demand damages from negligent drivers for these internal injuries, but some claimants have difficulty proving these claims. Our attorneys might connect you with the right medical experts to prove your entitlement to damages for loss of a bodily function.

Medically Certified Permanent Injury

Injuries considered permanent include paralysis, severe TBIs, and amputations. In such cases, insurance adjusters will generally agree that you meet the serious injury threshold. If the permanent injury is not apparent, such as nerve damage, our accident injury lawyers may retain medical experts to review and certify your claims.

Significant and Permanent Scarring or Disfigurement

Friction burns often result in scarring, but they must cause significant disfigurement to meet the threshold. If you suffered from a facial burn in a pedestrian accident, our personal injury attorneys might argue that this is a significant injury, both physically and emotionally. Serious scars from necessary emergency surgeries, such as for femur fractures or internal bleeding, might also qualify claimants to demand damages from liability insurers.

Death

Pedestrian accidents account for nearly 20 percent of all traffic fatalities despite making up only a small percentage of motor vehicle accidents. If you lost a loved one in a traffic accident, our experienced wrongful death lawyers can pursue damages for lost financial support, companionship, and funeral expenses.

Liability adjusters commonly deny pedestrian injury claims on threshold grounds. Our attorney may resubmit these claims based on medical evidence or, if necessary, take your case to court. Judges are not bound by insurance determinations, and we can prove the seriousness of your injuries during litigation.

Damages Available to Pedestrians Injured in Pembroke Pines

Erika V. Garnes, Esq.

If your injuries meet Florida’s serious injury threshold, you are entitled to claim personal injury damages from liable parties. The pedestrian accident lawyers at Garnes Injury Law will fight to maximize your compensation for the following:

  • Medical Expenses: Claimants may recover compensation for their past medical bills and future anticipated medical expenses. This generally includes hospital and ambulance bills, doctors’ costs, and expenses for rehabilitation, nursing care, medical transportation, home modifications, medical equipment, and medications.
  • Lost Income: Pedestrians unable to work due to injuries can recover all their lost income, including lost bonuses, commissions, and business opportunities. Our legal professionals can also obtain damages for lost benefits, promotions, and earning capacity. The value of lost benefits often includes lost health insurance, pensions, paid leave, and 401(k) contributions.
  • Pain and Suffering: Florida recognizes pain and suffering damages, which include compensation for physical pain, emotional anguish, suffering, inconvenience, and lost enjoyment of life.
  • Loss of Consortium: The victim’s spouse and children might demand damages for lost physical and emotional companionship. Our attorneys may file loss of consortium claims in catastrophic injury cases, such as those resulting in paralysis or coma and wrongful death cases.
  • Punitive Damages: Though not traditionally available in personal injury cases, pedestrians might obtain these damages directly from drunk or reckless drivers. If the accident involved criminal activity or you were intentionally struck in a domestic dispute, our personal injury lawyers might demand additional punitive compensation.

Do not settle claims with liable insurers for less than your case is worth. You might demand damages for past losses and all future losses resulting from your injuries. Experienced pedestrian accident attorneys may retain medical, occupational, and economic experts to calculate the value of your future damages. This allows us to demand fair settlements even while you’re still recovering.

The Benefits of Retaining a Pedestrian Accident Attorney

In no-fault states, it can be hard to recover damages after pedestrian accidents. Insurance adjusters may belittle your claims or blame you for jaywalking, even in commercial retail areas. A dedicated Pembroke Pines personal injury lawyer from Garnes Injury Law might provide injured pedestrians with the following benefits.

File Insurance Claims

Experienced pedestrian accident attorneys might file no-fault, uninsured or underinsured motorist (hit-and-run), and liability insurance claims for you. Having a lawyer prepare these claims drastically reduces the likelihood of denial and puts money in your pocket faster after a devastating traffic collision.

Maximize Insurance Settlements

Without the help of an attorney, insurance adjusters will try to settle your claims for less than they are worth. Our pedestrian injury team will work with experts to calculate the true value of your claims and demand fair insurance compensation.

Hold Third Parties Liable

If serious roadway or parking lot design flaws contributed to the accident, our lawyers might hold property owners and public entities accountable. This can include filing premises liability lawsuits or administrative claims with the state.

Litigate

In some cases, we might sue all liable parties in court. This includes fighting insurance denials because your injuries do not meet threshold, or the driver blames you for the accident. Litigation might take longer, but favorable outcomes often result in higher settlement offers and jury verdicts for injured pedestrians.

Cost of Hiring a Personal Injury Lawyer from Garnes Injury Law

Pedestrians recovering from serious accident injuries cannot generally afford to pay expensive legal fees. At Garnes Injury Law, we understand you’re likely struggling with medical bills and substantial lost income. This is why we might represent you on a contingency fee basis. This payment structure means you don’t owe us anything if we don’t recover compensation for you. Additionally, our fee is only a percentage of the overall settlement award or jury verdict. It costs you nothing out-of-pocket to obtain dedicated legal assistance if a negligent driver struck you in Pembroke Pines. Our firm might even front the costs necessary to prove your claims, including:

  • Private investigations
  • Medical record reproduction costs
  • Legal filing fees
  • Court costs
  • Expert witness fees

Remember, we might only recover these expenses if we obtain damages in your case. There is no financial risk associated with calling our personal injury team after a pedestrian accident.

Erika Garnes
Erika V. Garnes, Esq, Pembroke Pine Pedestrian Accident Lawyer

Connect with a Dedicated Pembroke Pines Pedestrian Accident Attorney

Whether you need help understanding your rights, filing an insurance claim, or holding negligent drivers liable in court, our experienced pedestrian injury team is here for you. Call (954) 905-2683 or connect with our personal injury lawyers online if you suffered an injury in a Pembroke Pines pedestrian accident.

Garnes Injury Law – Pembroke Pines Office Location

Address: 10796 Pines Blvd Suite 206,
Pembroke Pines, FL 33026
Phone: (954) 905-2683

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