Pedestrian Accident Attorneys Serving Fort Lauderdale, Florida

Every year, many pedestrians are injured or killed in traffic crashes in Florida and across the United States. With several people walking on the road every day, the negligence of other drivers can easily expose pedestrians to risks of accidents, injuries, or other road mishaps. If you or someone close to you were hurt in a pedestrian accident caused by someone else’s carelessness or negligence, you may be entitled to pursue fair financial compensation through a claim or lawsuit. 

At the Law Offices of McCullough & Leboff, P.A., we have the expertise and diligence to support and represent pedestrian accident victims in their injury claims. Our highly-skilled Florida personal injury attorneys can evaluate every aspect of your personal situation and explore your available options to seek compensation. In addition, our reliable team will advocate for your best interests and help you pursue rightful damages for your injuries. 

The Law Offices of McCullough & Leboff, P.A., proudly serves clients across Fort Lauderdale, Florida, and the surrounding areas, including Sunrise, Davie, Weston, Hollywood, Plantation, and Pembroke Pines. 

Florida’s Pedestrian Right of Way Law 

Under Florida law, drivers must yield the right-of-way to: 

• pedestrians lawfully crossing in a marked or unmarked crosswalk; 

• pedestrian on a sidewalk; and, 

• pedestrians lawfully crossing the street at an intersection. 

Rights and Responsibilities of Pedestrians in Florida 

If you are a pedestrian, it is essential that you understand Florida pedestrian laws: 

• Pedestrians must obey all official traffic control devices, rules, and regulations that apply to them. 

• Pedestrians must always use the sidewalk when available. 

• When a sidewalk isn’t available, pedestrians must walk on the left shoulder of the road facing traffic. 

• No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a motor vehicle. 

• Pedestrians must not cross an intersection diagonally unless allowed by a traffic control device. 

• Pedestrians must not stand on a roadway paved for vehicles to solicit a rise, business, or employment from vehicle occupants. 

Driver’s Responsibilities  

• Drivers must exercise due care to avoid hitting pedestrians on the roadway. 

• Drivers at an intersection with a traffic control signal must stop to allow pedestrians to cross the roadway. 

• Drivers must exercise adequate precaution upon sighting any child or any incapacitated or obviously confused person. 

Drivers who breach the duty of care and then cause an accident may face civil liability for damages. 

Fault Determination  

Furthermore, Florida is a no-fault state for auto accidents. According to Florida’s no-fault law, the accident victim must turn to their own Personal Injury Protection (PIP) policy to recover medical bills, lost wages, and other out-of-pocket expenses, regardless of who was at fault for the crash. 

In a pedestrian accident, the PIP policy of the car or driver involved in the crash will cover the pedestrian’s injuries. The PIP policy will pay for the following: 

• up to 80% of immediate medical bills, subject to a $10,000 limit 

• up to 60% of your lost wages, subject to a $10,000 limit 

• $2,500 worth of benefits for non-emergency injuries 

• $5,000 worth of death benefits 

However, if your injuries or damages exceed the coverage limit of the driver’s PIP policy or if you suffered a serious injury, you can file a personal injury lawsuit against the at-fault party. 

Pure Comparative Fault  

Additionally, Florida operates using the “pure comparative fault” principle. Under this system, your involvement in the pedestrian accident doesn’t prevent you from pursuing damages. However, the amount of compensation you are eligible to seek will be reduced by your fault percentage. According to Florida’s pure comparative fault rule, you may still be able to recover damages even if you were up to 99% liable for the pedestrian accident or your injuries. 

Statute of Limitations  

The statute of limitations for personal injury cases that are founded on negligence in Florida, such as pedestrian accident claims, is four (4) years of the incident. This means that you must bring a civil action to recover damages for your injuries within four years from the date the pedestrian accident or injury occurred. 

Damages Available 

The following damages may be recovered by filing a pedestrian accident claim in Florida: 

• medical expenses, including the cost of ongoing and future medical treatments 

• lost income and benefits 

• loss of earning capacity 

• emotional distress 

• repair or replacement of damaged property 

• loss of consortium 

• pain and suffering 

• mental anguish 

• loss of enjoyment of life 

• punitive damages 

• wrongful death damages, where applicable 

An experienced Florida pedestrian accident attorney can help file your injury claims and attempt to recover the maximum possible damages for your injuries and losses. 

Work With a Highly-Skilled Personal Injury Attorney 

Being involved in a pedestrian accident can be a traumatic experience. Unfortunately, you may sustain minor or serious injuries, become hospitalized, incapacitated, and unable to work. Thankfully, you don’t have to suffer the pain all by yourself. If you or a loved one were hurt in a pedestrian accident, retaining a skilled personal injury attorney is imperative to protect your legal rights and pursue damages. 

At the Law Offices of McCullough & Leboff, P.A., our attorneys have devoted their careers to advocating for the best interests of pedestrian accident victims and their loved ones. As your legal counsel, we can evaluate all of the facts of your case thoroughly and help file your injury claims. Also, we will fight vigorously for your legal rights and help you pursue fair financial compensation to cover your medical bills, lost wages, pain and suffering, and other available damages.