Why Fort Lauderdale Pedestrians Need Legal Protection Now More Than Ever

A pedestrian accident attorney fort lauderdale specialist can help you recover compensation after being struck by a vehicle, steer Florida’s complex no-fault insurance system, and hold negligent drivers accountable for your injuries.

If you’ve been injured as a pedestrian in Fort Lauderdale, here’s what you need to know:

• You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages
• Florida’s PIP insurance covers up to $10,000, but serious injuries often exceed this amount
• You have two years from the accident date to file a lawsuit in Florida
• An experienced attorney can prove fault, negotiate with insurance companies, and maximize your recovery
• Initial consultations are free and most pedestrian accident lawyers work on contingency (no fee unless you win)

Fort Lauderdale’s sunny weather and walkable neighborhoods make it a pedestrian-friendly city—but they also create serious dangers. Florida ranks as the second most dangerous state for pedestrians in the nation, and the statistics are sobering. In 2019 alone, 9,736 pedestrian crashes occurred across Florida, causing 7,893 injuries and 734 deaths. Broward County accounted for over ten percent of these tragedies, with 1,083 pedestrian accidents resulting in 922 injuries and 66 fatalities.

These aren’t just numbers. They represent real people—joggers struck at intersections, parents hit while walking their children to school, elderly residents injured in parking lots. When a several-thousand-pound vehicle collides with an unprotected human body, the consequences are often devastating and life-altering.

The legal aftermath can be just as overwhelming as the physical injuries. Insurance companies move quickly to investigate accidents, often working to minimize payouts or shift blame to the pedestrian. Meanwhile, victims face mounting medical bills, lost income, and an uncertain future.

At DiStefano Law LLC, we’ve been fighting for Fort Lauderdale pedestrian accident victims for over 40 years, securing millions of dollars in settlements and verdicts. As experienced pedestrian accident attorneys in Fort Lauderdale, we understand both the local traffic patterns that lead to these collisions and the legal strategies needed to win maximum compensation for our clients.

The Alarming Reality: Causes and Locations of Pedestrian Accidents in Fort Lauderdale

Fort Lauderdale, with its vibrant urban areas and beautiful beachfronts, attracts countless pedestrians daily. Unfortunately, this busy environment, coupled with driver negligence, often leads to a high number of pedestrian accidents. As your dedicated pedestrian accident attorney fort lauderdale, we’ve seen the devastating impact these incidents have on individuals and families.

The most common causes of pedestrian accidents in Fort Lauderdale often stem from driver error. These include:

• Distracted Driving: Drivers interested in their phones, navigation systems, or other distractions frequently fail to notice pedestrians, especially in busy areas. The National Highway Traffic Safety Administration (NHTSA) highlights the dangers of distracted driving, which can lead to tragic consequences for unsuspecting pedestrians.
• Speeding: Exceeding speed limits, particularly in urban or residential areas, drastically reduces a driver’s reaction time, making it nearly impossible to avoid a pedestrian who steps into their path.
• Failure to Yield: Many accidents occur when drivers fail to yield the right-of-way to pedestrians at crosswalks, intersections, or while turning.
• Impaired Driving: Drivers under the influence of alcohol or drugs have significantly slower reaction times and impaired judgment, leading to catastrophic accidents. Impaired driving is a major contributor to pedestrian fatalities.
• Running Red Lights or Stop Signs: Disregarding traffic signals puts pedestrians at immense risk, particularly in crowded intersections.
• Poor Visibility or Inadequate Lighting: Accidents can occur due to challenging driving conditions, such as nighttime, heavy rain, or construction zones with insufficient lighting.
• Aggressive Driving: Drivers exhibiting aggressive behaviors like tailgating, weaving through traffic, or sudden lane changes create dangerous situations for everyone, especially pedestrians.

Certain areas within Fort Lauderdale are particularly prone to pedestrian accidents. These high-risk locations include:

• Busy Intersections: Areas like the intersection of Broward Boulevard and Federal Highway are notorious for high traffic volumes and complex traffic patterns. Drivers may become distracted or fail to yield to pedestrians, which results in dangerous situations.
• Shopping Centers and Parking Lots: High foot traffic combined with drivers looking for parking spaces or backing out of spots often leads to accidents in areas like The Galleria at Fort Lauderdale and surrounding retail centers.
• School Zones: During drop-off and pick-up times, areas around schools like Fort Lauderdale High School experience heavy foot traffic, increasing the risk for children.
• Residential Neighborhoods: While seemingly safer, residential areas can be dangerous due to children playing, less defined crosswalks, and drivers failing to slow down.
• Major Roads and Highways: Pedestrians attempting to cross or walk along busy thoroughfares like US Route 1 or I-595, often due to a lack of sidewalks, face extreme danger.
• Beachfront Areas: Popular tourist spots along State Road A1A, with their high volume of pedestrians and varying traffic patterns, are frequent accident sites.

The statistics for Broward County underscore this alarming reality. In 2017, Broward County witnessed at least 1,914 pedestrian accidents, claiming 73 lives. This marked a 21% increase in pedestrian accidents from 2010 to 2017, and a 20% increase in fatalities during the same period. Nationwide, a car versus pedestrian crash happens nearly every 8 minutes each day, highlighting the pervasive danger pedestrians face.

Common Injuries Sustained by Pedestrians

When a pedestrian is struck by a motor vehicle, the absence of protective barriers means the injuries can be catastrophic and life-altering. We frequently represent clients in Fort Lauderdale who have suffered:

• Traumatic Brain Injuries (TBI): Ranging from concussions to severe brain damage, TBIs can result in long-term cognitive, physical, and emotional impairments.
• Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, requiring extensive medical care and rehabilitation. Learn more about these devastating injuries on our Spinal Cord Injuries page.
• Bone Fractures: Broken bones, particularly in the legs, arms, pelvis, and ribs, are common and can require multiple surgeries and lengthy recovery periods.
• Internal Injuries: Organ damage, internal bleeding, and ruptured soft tissues can be life-threatening and may not be immediately apparent after an accident.
• Road Rash: Severe abrasions and lacerations caused by being dragged across the pavement can lead to infection, scarring, and nerve damage.
• Psychological Trauma: Beyond physical pain, many victims experience significant psychological effects, such as anxiety, depression, and Post-Traumatic Stress Disorder (PTSD). These emotional distress damages are a critical component of any claim.

High-Risk Pedestrian Groups

While anyone can be a victim, certain groups are disproportionately affected by pedestrian accidents:

• Children Under 15: Children below the age of 15 account for almost 20% of injured victims in vehicle vs. pedestrian accidents. Their smaller stature, limited judgment, and unpredictable movements make them particularly vulnerable.
• Elderly Pedestrians: Elderly pedestrians make up approximately 16% of victims. They may have slower reaction times, vision or hearing impairments, and are more susceptible to severe injuries from falls.
• Tourists Unfamiliar with Local Traffic: Visitors to Fort Lauderdale, particularly those from areas with different traffic laws or pedestrian infrastructure, may be less aware of local dangers, increasing their risk.

Critical First Steps After Being Hit by a Car in Fort Lauderdale

The moments immediately following a pedestrian accident can be chaotic and frightening. However, the actions you take (or don’t take) in these crucial moments can significantly impact your health and any future legal claim. As your pedestrian accident attorney fort lauderdale team, we urge you to prioritize these steps:

1. Seek Immediate Medical Attention: Your health is paramount. Even if you feel fine or only have minor scrapes, call 911 or have someone call for you. Symptoms of serious injuries, such as internal bleeding or head trauma, can be delayed for hours or even days. A medical evaluation is crucial for diagnosis and for creating an official record of your injuries. Follow all medical advice and keep thorough records of treatment and expenses.
2. Call 911 and Report the Accident: It is vital to have law enforcement respond to the scene. The police will create an official accident report, which can be critical evidence for your claim. Provide them with accurate information, but do not speculate or admit fault.
3. Document the Scene: If you are physically able, use your phone to take photos and videos of everything. Capture:
   • The vehicle involved, including its license plate, make, model, and any damage.
   • Your injuries, including scrapes, bruises, and any visible trauma.
   • The accident scene, including road conditions, traffic signals, crosswalks, skid marks, and any debris.
   • The surrounding area, including street names and landmarks.
4. Gather Witness Information: Bystanders can provide invaluable testimony. Ask for their names and contact information (phone number, email address). Their unbiased accounts can help corroborate your story.
5. Exchange Information with the Driver: Obtain the driver’s name, contact information, insurance company, and policy number. If they refuse, make sure the police get this information.
6. Do Not Admit Fault: Even if you think you might have contributed to the accident, do not say anything that could be interpreted as admitting fault. Statements made at the scene can be used against you by insurance companies.
7. Preserve Evidence: Beyond photos, keep any torn clothing, damaged personal items, and a detailed journal of your pain, medical appointments, and daily struggles.

Dealing with a Hit-and-Run Accident

A hit-and-run accident adds another layer of stress and complexity. If the driver flees the scene, here’s what you should do:

• Try to Remember Details: Focus on getting the license plate number, even if it’s just a partial one. Note the vehicle’s make, model, color, and any distinguishing features (e.g., dents, stickers).
• Check for Surveillance Cameras: Look for red-light cameras at intersections or security cameras on nearby businesses. This footage can be crucial in identifying the vehicle and driver.
• Ask Witnesses for Help: Bystanders might have seen more or remembered details you missed.
• Contact a Fort Lauderdale personal injury lawyer immediately: Our experienced Fort Lauderdale personal injury lawyers can help investigate, track down leads, and steer the complexities of uninsured motorist claims.

How a Pedestrian Accident Attorney in Fort Lauderdale Steers Your Claim

Navigating the aftermath of a pedestrian accident can feel like walking through a minefield. Florida’s unique legal landscape, combined with the aggressive tactics of insurance companies, makes experienced legal representation essential. As your pedestrian accident attorney fort lauderdale, we are here to guide you through every step.

Understanding Florida’s No-Fault Insurance System

Florida is a no-fault state for motor vehicle accidents. This means that if you own an automobile insurance policy, your initial medical expenses and a portion of lost wages will typically be covered by your own Personal Injury Protection (PIP) insurance, regardless of who was at fault. PIP coverage usually provides up to $10,000 for 80% of your medical bills and 60% of your lost wages.

However, $10,000 in PIP coverage is often insufficient to cover the extensive medical costs and lost income associated with severe pedestrian injuries. To seek compensation beyond these limits for things like pain and suffering, you must meet Florida’s “serious injury” threshold. This threshold generally requires a significant permanent loss of a bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Our team at DiStefano Law LLC can help determine if your injuries meet this crucial threshold, allowing us to pursue a claim against the at-fault driver’s insurance.

Florida’s Statute of Limitations

It’s critical to act quickly. In Florida, the statute of limitations for filing a personal injury lawsuit, including those for pedestrian accidents, is generally two years from the date of the accident. While there can be exceptions, particularly in wrongful death cases, delaying legal action can jeopardize your ability to recover compensation. As your pedestrian accident attorney fort lauderdale, we emphasize the importance of contacting a personal injury law firm promptly to ensure your claim is filed within the legal timeframe.

The Comparative Negligence Rule

Florida operates under a pure comparative fault system. This means that if you are found partially at fault for the accident, your total compensation can be reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, your compensation would be reduced to $80,000. Insurance companies will often try to shift as much blame as possible onto the pedestrian to reduce their payout. Our role is to protect you from these tactics and minimize any assigned fault.

Battling Insurance Company Tactics

Insurance companies are not on your side. Their primary goal is to protect their profits by minimizing payouts, even on valid claims. They may:

• Offer Lowball Settlements: They might contact you quickly after the accident with a low offer, hoping you’ll accept before understanding the full extent of your injuries and long-term costs.
• Delay or Deny Claims: They may drag out the process or deny your claim outright, forcing you to give up.
• Pressure You to Admit Fault: Adjusters might use leading questions to get you to say something that can be used against you.
• Monitor Your Activities: Some insurance companies even monitor social media accounts to find reasons to dismiss claims or argue that your injuries aren’t as severe as you claim.

Having an experienced pedestrian accident attorney fort lauderdale from DiStefano Law LLC by your side ensures you have a powerful advocate fighting for your rights. We handle all communication with the insurance companies, protecting you from their tactics and aggressively negotiating for the compensation you deserve.

How a Pedestrian Accident Attorney in Fort Lauderdale Proves Fault

Proving fault is critical to a successful pedestrian accident claim. Our team at DiStefano Law LLC carefully gathers and analyzes all available evidence, including:

• Police Reports: These provide an initial assessment of the accident, including details about the scene, involved parties, and sometimes, a preliminary determination of fault.
• Traffic Camera Footage: We investigate whether traffic cameras at intersections or surveillance cameras from nearby businesses captured the accident. This visual evidence can be invaluable.
• Eyewitness Testimony: We interview all witnesses to gather their accounts of how the accident occurred.
• Accident Reconstruction Experts: In complex cases, we may work with experts who can recreate the accident scene, analyze vehicle speeds, impact forces, and other factors to determine precisely how the collision happened.
• Medical Records: Your medical records are crucial for establishing the severity of your injuries and linking them directly to the accident.
• Driver’s Records: We investigate the driver’s history, including any prior traffic violations or incidents of distracted or impaired driving.
• Cell Phone Data: In cases of suspected distracted driving, cell phone records can provide evidence of usage at the time of the accident.

If negotiations with the insurance company fail to produce a fair settlement, we are fully prepared to file a lawsuit and litigate your case to a successful resolution in the state court system.

Recovering Maximum Compensation for Your Injuries and Losses

A pedestrian accident can leave you with overwhelming physical, emotional, and financial burdens. As your dedicated pedestrian accident attorney fort lauderdale, our goal at DiStefano Law LLC is to help you recover maximum compensation for all your injuries and losses. Compensation is generally categorized into economic and non-economic damages.

Economic Damages

These are quantifiable financial losses resulting from the accident:

• Medical Expenses (Past and Future): This includes emergency room visits, hospital stays, doctor appointments, surgeries, medications, rehabilitation, physical therapy, assistive devices, and long-term care. We work with medical experts to project future medical needs accurately.
• Lost Wages: Compensation for income you’ve already lost due to being unable to work after the accident.
• Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or significantly reduce your ability to earn a living, you can claim compensation for this long-term financial impact.
• Out-of-Pocket Expenses: Costs like transportation to medical appointments, home modifications for accessibility, or even at-home services like house cleaning or pet care if they arise due to the accident.
• Property Damage: If any personal property was damaged during the accident, such as a phone, glasses, or clothing, these costs can be recovered.

Non-Economic Damages

These damages are more subjective and compensate you for the intangible impacts of your injuries:

• Pain and Suffering: This covers the physical pain and discomfort you’ve endured and will continue to experience due to your injuries.
• Emotional Distress: Accidents can lead to significant psychological trauma, including anxiety, depression, and PTSD. We help you claim compensation for these emotional impacts.
• Disfigurement and Physical Impairment: If your injuries result in permanent scarring, disfigurement, or a lasting physical impairment that affects your quality of life, you are entitled to compensation.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or aspects of life you once enjoyed, this can be compensated.
• Loss of Consortium: In some cases, a spouse may claim damages for the loss of companionship, affection, and support due to their partner’s injuries.

Punitive Damages

In rare cases, if the at-fault driver’s actions were particularly egregious, such as extreme drunk driving or intentional misconduct, punitive damages may be awarded. These are not meant to compensate the victim but to punish the negligent party and deter similar behavior in the future.

Wrongful Death Claims

Tragically, some pedestrian accidents result in fatalities. If you have lost a loved one in a pedestrian accident in Fort Lauderdale, our compassionate team can help you pursue a wrongful death claim. While no amount of money can replace your loved one, a wrongful death claim can provide financial stability and a sense of justice. This compensation can cover funeral and burial expenses, medical bills incurred before death, loss of financial support, and loss of companionship and guidance. We are here to support you through this difficult time and fight for the justice your loved one deserves.

Frequently Asked Questions about Fort Lauderdale Pedestrian Accident Claims

We understand that you likely have many questions after a pedestrian accident. Here, we address some of the most common inquiries we receive as a leading pedestrian accident attorney fort lauderdale firm.

What if I was partially at fault for the accident, for example, by jaywalking?

Florida follows a “pure comparative fault” rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For example, if a jury determines your total damages are $100,000, but finds you were 30% at fault for jaywalking, you would receive $70,000.

Insurance companies will almost always try to argue that the pedestrian shares some blame to reduce their payout. As your pedestrian accident attorney fort lauderdale, we will diligently investigate the accident to minimize any assigned fault and protect your right to full compensation. Furthermore, Florida recognizes the “last clear chance” doctrine. This legal principle can allow a pedestrian to recover damages even if they were negligent (e.g., jaywalking), provided the driver had the “last clear chance” to avoid the accident but failed to do so. Drivers have a fundamental obligation to try and avoid hitting pedestrians, regardless of where the pedestrian is located.

How much does it cost to hire a pedestrian accident attorney in Fort Lauderdale?

At DiStefano Law LLC, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis. This means:

• No Upfront Costs: You don’t pay us any legal fees out-of-pocket.
• We Only Get Paid if You Win: Our fees are a percentage of the compensation we recover for you, either through a settlement or a court award.
• Free Consultation: We offer a Free Consultation to discuss your case, assess its viability, and explain your legal options without any obligation. There is no risk to you.

This arrangement allows you to focus on your recovery while we handle the legal complexities and financial burdens of your case.

What is the statute of limitations for filing a pedestrian accident lawsuit in Fort Lauderdale?

In Florida, the statute of limitations for filing a personal injury lawsuit, which includes pedestrian accident claims, is generally two years from the date of the accident. This means you have a limited window to take legal action. If you miss this deadline, you could lose your right to pursue compensation forever.

This two-year period can vary in specific circumstances, such as cases involving wrongful death, which also typically have a two-year statute of limitations from the date of death. Given these strict deadlines, it is vital not to delay in contacting a personal injury law firm. The sooner you reach out to us, the sooner we can begin investigating your case, gathering critical evidence, and protecting your legal rights.

Take the First Step Towards Justice and Recovery

The reality of pedestrian accidents in Fort Lauderdale is sobering, with Florida consistently ranking among the most dangerous states for pedestrians. The statistics for Broward County clearly indicate a growing risk for walkers, joggers, and residents alike. When a negligent driver’s actions lead to devastating injuries, the path to recovery can be long and fraught with challenges, especially when dealing with aggressive insurance companies.

At DiStefano Law LLC, we stand ready to be your unwavering advocate. With over 40 years of experience, we pride ourselves on providing personalized, compassionate service, ensuring that your story is heard and your rights are protected. We understand the unique challenges faced by pedestrian accident victims in Fort Lauderdale, and we have a strong track record of securing successful outcomes for our clients, including those in Boca Raton, Lauderhill, Wilton Manors, and Sunrise.

You don’t have to face the insurance companies alone. Let our dedicated team of legal professionals handle the complexities of your claim, allowing you to focus on what matters most: your health and recovery.

Don’t let time run out on your claim. Contact our experienced personal injury attorneys today for a free, no-obligation consultation to discuss your case. We are here to help you step up for justice and secure the compensation you deserve.