Daytona Beach Pedestrian Accident Lawyer

Daytona Beach, Florida, is a hotbed of tourist activity, and thousands of people walk on its streets daily. Unfortunately, this activity means that pedestrian traffic accidents are relatively common. Pedestrian accidents can cause severe injuries and leave victims with unexpected financial losses. Accidents can also create long-lasting psychological trauma and emotional distress that persist while physical injuries fade.

At Zimmet & Zimmet, we believe the law is a tool to be used to right wrongs and pursue justice. If you have been injured because of another’s irresponsible behavior, they should be accountable for their actions. Our law firm has been fighting for the rights of injured pedestrians in Florida since 1975, and we’ve recovered millions in compensation for our clients. We also know that effective legal counsel requires compassion and empathy. Our lawyers understand your problems and are here to provide the legal support you need.

Contact us today for a free, no-obligation case review and consultation with a Daytona Beach pedestrian accident attorney.

Why Should I Hire an Attorney for My Pedestrian Accident Claim?

Many people think filing a pedestrian accident claim is straightforward, but it often isn’t. Insurance companies are notorious for disputing or denying claims. An attorney can firmly deal with insurance companies and counter any tactics they may use to avoid disbursing the money they’re responsible for paying.

A pedestrian accident attorney can facilitate your claim by:

Insurance companies may be unresponsive to your claims. In that case, your lawyer can initiate a pedestrian accident lawsuit against the responsible party. The attorneys at Zimmet & Zimmet will take the lead on legal matters to relieve the burden off your shoulders.

What Should I Do After a Pedestrian Accident?

The stress and trauma of a pedestrian accident injury make it difficult to make decisions. However, taking steps now can minimize complications later when making a claim.

The first thing to do is seek medical attention for your injuries. Aside from prioritizing your health, you will need medical documentation of your injury if you plan to file a claim. Obtain copies of medical documentation, such as patient files, imaging results, lab reports, diagnostic tests, hospital discharge paperwork, and medical bills.

Next, contact your insurance company. If you have personal injury protection (PIP) coverage, you should be able to use it to partially or fully cover your losses. If you don’t have PIP coverage, the next step would be to file a claim with the at-fault driver’s insurance company.

Regardless of your approach, you can benefit from having Zimmet & Zimmet, a renowned and reputable pedestrian accident law firm, at your side. We understand how to manage the claims process effectively and avoid pitfalls that could cause payment delays or denials.

Who Can Be Held Liable for a Pedestrian Accident?

Liability in a pedestrian accident case usually depends on establishing negligence. Any party can be liable if their negligent behavior contributed to the accident.

For example, if a driver disobeys the rules of the road and strikes a pedestrian, they may be legally liable for the injured person’s losses. Drivers have a responsibility to operate their vehicles safely and reduce risk to others. Unsafe driving behaviors, such as speeding or ignoring road signs, are negligent, so the driver can be liable if they cause harm.

In many cases, both drivers and pedestrians can share fault. If a pedestrian is hit by a car because they were jaywalking and the driver was speeding, both may be liable as each party was negligent.

Liability may extend to other parties as well. Local municipalities can be liable for accidents due to poor traffic planning or malfunctioning streetlights. Manufacturers can be liable for accidents due to product manufacturing defects, like faulty car brakes or steering columns.

Parties that make sidewalk movement unsafe can be liable, too. For example, say a restaurant owner blocked the sidewalk with seating, forcing a pedestrian to walk in the street. In that case, the restaurant owner might be liable for any injuries the pedestrian suffers.

What Compensation Can I Recover After a Pedestrian Accident?

Under Florida’s no-fault car accident laws, all vehicles registered in Florida must be covered by insurance that includes personal injury protection (PIP). Injured pedestrians can use their own PIP insurance to cover their medical expenses and lost wages up to the policy limits. If the pedestrian has no PIP but other household family members have such coverage, the injured person can use their family’s PIP coverage.

If the injured pedestrian has no access to PIP benefits themselves, or through their family members, they can use the at-fault driver’s PIP coverage. However, because Florida PIP coverage is limited to $10,000, the injured pedestrian may exhaust the policy’s limits quickly. When that happens, the injured party can file a claim with the at-fault driver’s auto insurer for additional medical and wage loss compensation.

Under circumstances where the injured pedestrian’s injuries reach the serious injury threshold identified in Florida law — such as the permanent and significant loss of an important bodily function — they can step outside the no-fault rules. The injured party may sue the at-fault party for additional pedestrian accident compensation, like pain and suffering, mental anguish, and inconvenience caused by their injuries.

There are complex laws that surround finding other sources of recovery beyond the at-fault drivers’ insurance policy. It is extremely important to hire an experienced lawyer who not only understands how to find other sources of recovery but will leave no stone unturned during the investigation to find them. Many times this is the difference between no recovery and recovering millions of dollars.

An important thing to keep in mind is that Florida law contains a modified comparative liability standard. This means an injured pedestrian can still recover compensation if they were partly at fault for the accident, provided they were less than 51 percent at fault. The pedestrian’s compensable losses will be reduced by their percentage of fault for the accident.

A pedestrian accident lawyer in Daytona Beach can work to fight back against attempts to shift some or all of the blame onto you, thereby maximizing your compensation.

How Many Pedestrians Are Killed in Daytona Beach and Florida Each Year?

Florida has one of the highest pedestrian fatality rates in the nation at 3.47 per 100,000 people. In 2022, 773 pedestrians were killed in accidents. Further, the Daytona Beach-Ormond Beach metro area is particularly dangerous for pedestrians, with more than 134 pedestrian deaths in a recent four-year period. However, numbers have recently improved slightly as local officials work on traffic calming projects to protect pedestrians in dangerous areas.

What Are the Main Causes of Pedestrian Accidents?

The following are some of the most common causes of pedestrian accidents in Florida:

• Distracted driving, such as texting and driving, is a major risk to pedestrians and other motorists.
• Aggressive driving, like speeding and running red lights, vastly increases the risk of pedestrian accidents.
• Unsafe road design, such as blind spots or dangerous crosswalks, is another major cause of pedestrian accidents.
• Bad weather can reduce road visibility and vehicle handling, increasing the chance of a collision.
• Road construction may reroute pedestrian traffic to unsafe paths or create pedestrian obstacles.

In many cases, pedestrian accidents have multiple causes. As pedestrian accident lawyers in Daytona Beach, our job is to determine what caused the accident, minimize your liability, and maximize your compensation.

What Are Common Injuries Someone Can Sustain in a Pedestrian Accident?

The differences in size and force between pedestrians and motor vehicles mean that pedestrian accidents often cause grievous injuries. Injuries are typically one-sided because pedestrians lack the protection motorists have. Examples of common pedestrian accident injuries include:

You should always see a doctor after a pedestrian accident, even if your injuries seem minor. Shock and adrenaline in the immediate aftermath of an accident can mask the severity of injuries, and some injuries are difficult to detect without expert diagnosis. In addition, there will be fewer complications with a pedestrian accident claim if you promptly get formal documentation of your injuries.