Pedestrian safety remains a very serious concern in our region. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports there were 8,117 confirmed pedestrian collisions in the state in 2020. Of these crashes, more than 7,000 (86%) resulted in harm to the pedestrian. 1,265 pedestrians suffered “incapacitating injuries” and 715 were killed in crashes in Florida in 2020 alone. If you were hurt in a pedestrian crash, you need justice and financial compensation.
This raises an important question: What is the average settlement for a pedestrian hit by a car? The short answer is that there is no true ‘average’—the value of a pedestrian accident claim varies widely based on the severity of the resulting injuries. Injured victims deserve compensation for the full value of their actual damages. Here, our Fort Lauderdale car accident lawyer provides a more comprehensive overview of the key things to know about pedestrian accident settlements.
What are the Most Common Causes of Pedestrian Accidents in Fort Lauderdale?
Pedestrian collisions can happen for many different reasons. Every pedestrian accident in Florida requires a comprehensive, thorough investigation and evaluation to determine exactly what happened and why it happened. That being said, many pedestrian crashes share an important common characteristic: Proper safety precautions were not taken. Pedestrian accidents are avoidable with due care. Here are some of the most common causes of pedestrian collisions in Florida:
- Driver Error: Driver error is the leading cause of pedestrian collision. Indeed, a study cited by Stanford’s Center for Internet and Society noted that more than 90% of all motor vehicle collisions happen primarily because of human error. Driver error—such as speeding, distracted driving, inattentive driving, and failure to yield—can lead to a serious pedestrian accident.
- Reckless Driving (or Worse): There are some pedestrian crashes in which a driver commits more than an “error.” A pedestrian crash may occur because of reckless or even criminal conduct by a driver. An example: drunk driving leads to an unacceptable number of pedestrian accidents in Florida. Intoxicated drivers must be held accountable.
- Poor Road Conditions: Poor road conditions can sometimes contribute to pedestrian collisions. There are many examples of poor road conditions that undermine pedestrian safety, such as potholes or debris in the roadway. Adverse weather could increase the risk of a pedestrian crash. Alternatively, road construction could cause confusion which increases the likelihood of pedestrian collisions.
- Pedestrian Errors: Finally, it is important to emphasize that pedestrians have a responsibility to protect their own health and well-being in Florida. Unsafe conduct by pedestrians (pedestrian errors) can contribute to collisions. Notably, a pedestrian could potentially be found partially or fully liable for their own accident.
Five Safety Tips for Pedestrians in Fort Lauderdale
As a pedestrian, you are owed a duty of care by motorists. All drivers have a responsibility to look out for your safety. Unfortunately, the reality is that far too many motorists fail to live up to that duty, so it is crucial that you look out for your own safety. The National Highway Traffic Safety Administration (NHTSA) stresses the importance of pedestrians using safe practices when in or near roadways. Here are five actionable pedestrian safety tips:
- Use sidewalks and crosswalks. While they are not available everywhere in Florida, pedestrians should try to utilize sidewalks and crosswalks whenever they are an option. State and federal data shows that pedestrian accidents are more likely outside of sidewalks and crosswalks.
- Obey traffic signals. Pedestrians have a duty to follow the traffic signals in Fort Lauderdale. Not only are collisions more likely to happen when you fail to comply with a traffic signal as a pedestrian, but doing so could undermine your claim. Your settlement could be reduced if you are found partially liable for your own accident.
- Do not assume a driver sees you. When in doubt, assume that an oncoming vehicle does not see you. Too many pedestrians believe that an oncoming car is going to stop because they are supposed to stop. Distracted drivers are a major threat. Try to make eye contact with the driver and do not assume that they will see you.
- Avoid distracted walking. Did you know that distracted walking is dangerous? If your attention is buried in your phone, you may not recognize a safety hazard posed by a negligent driver. Protect yourself by avoiding distracted walking.
- Be extra careful at night. The Centers for Disease Control and Prevention (CDC) reports that a highly disproportionate rate of catastrophic and fatal pedestrian collisions occur after dark. Pedestrians should be exceptionally careful at night.
What is the Average Settlement for a Pedestrian Hit by a Car in Fort Lauderdale?
The most important thing to know about pedestrian accident compensation in Florida is that the “average settlement” is not a very useful metric. Florida law is clear: Injured pedestrians have the right to seek compensation for the full value of their damages. You may have an initial claim for medical bills through your own no-fault Personal Injury Protection (PIP) policy. Though, any pedestrian who suffers a severe injury has the right to file a fault-based personal injury lawsuit against the responsible driver, truck company, or other party. A proper settlement for a pedestrian accident should include compensation for the complete value of your damages. You can divide damages into two broad categories:
- Economic Damages: Economic damages are your actual out-of-pocket financial losses that are related to your pedestrian accident. To start, economic damages include all of your medical costs—from emergency medical bills to rehabilitative care. Next, your economic damages include lost wages and loss of earning power. Finally, this could include property damage. For example, if your cell phone was destroyed in the pedestrian crash, you can seek compensation to cover a replacement. To get the best settlement for a pedestrian crash, your economic losses must be well-documented.
- Non-Economic Damages: Non-economic damages are intangible damages. Although these types of losses are more difficult to document (and can be disputed), they are no less real. You need compensation for the full value of your non-economic damages after a serious pedestrian accident. Some of the most notable examples of non-economic damages include pain and suffering, mental distress, permanent scarring, long term disability, and loss of lifestyle enjoyment. A Florida pedestrian accident lawyer will help you maximize your settlement for non-economic damages.
How Much Will My Medical Bills be After a Pedestrian Accident in Fort Lauderdale?
The amount of medical bills that you can expect after a pedestrian accident depends on the nature and severity of your injuries. It is no secret that medical care is expensive, and these costs can quickly add up. A single emergency room visit can cost several thousand dollars. An overnight hospital stay can quickly add up to tens of thousands of dollars in medical bills. No matter the circumstances of your case, an experienced Fort Lauderdale personal injury lawyer can help you take action to maximize your recovery for medical bills.
What Other Costs are Associated With Pedestrian Collisions in Fort Lauderdale?
Medical bills are not the only costs associated with a pedestrian accident. You may be wondering how much you can sue for after a pedestrian collision, but the answer depends on the total scope of your damages. Your emergency medical costs (ambulance fees, emergency room care, etc) make up your initial claim. From there, you can also bring a claim for other hospital and medical bills. Beyond your medical bills, other damages that can be associated with a pedestrian accident include:
- Long-term physical therapy;
- Mental health counseling;
- Lost wages;
- Loss of earning potential;
- Pain and suffering;
- Mental distress;
- Scarring;
- Disfigurement;
- Disability; and
- Wrongful death.
Who is Liable in a Pedestrian Crash in Florida?
Florida is a pure comparative fault state for motor vehicle collisions, including pedestrian accidents. Under Florida Statutes § 768.81, liability for a pedestrian crash will be apportioned in a manner consistent with each party’s level of fault. It is important to understand how this works, because a car accident settlement can be delayed due to a dispute over fault and liability. Under the comparative negligence system, each party whose careless, reckless, or otherwise improper conduct contributed to the pedestrian crash can be held legally liable for their share of the fault. How do you know who caused the accident? It should be investigated by an experienced South Florida pedestrian collision lawyer. An attorney will help you gather and organize the evidence.
What Main Factors Will Affect My Pedestrian Accident Settlement in Fort Lauderdale?
Getting a full and fair settlement from the insurance company after a serious pedestrian crash can be challenging. There are actually a number of different factors—both legal and practical—that will affect your ability to recover financial compensation. Here are the four main things that will determine the value of your pedestrian accident settlement in Fort Lauderdale:
- Liability: You need to know exactly who can be held liable for your accident. If you suffered a serious injury in a pedestrian crash in Fort Lauderdale and you are preparing a fault-based lawsuit against the negligent driver, you must be able to prove their liability in order to maximize your recovery. As noted previously, your settlement will be reduced if you are found partially at fault for your own pedestrian crash.
- Damages: With limited exceptions, pedestrian accident damages are designed to be compensatory. That is to say that damages are based on the actual economic and non-economic losses sustained by the injured pedestrian. You will need to document and prove your damages, including medical bills, long-term medical care, lost wages, pain and suffering, and permanent disability/impairments.
- Insurance Coverage: Insurance coverage matters. The insurance policies that are at issue in your case—from your own no-fault policy to the other driver’s liability policy—will play an important role in the claims process. An experienced Fort Lauderdale pedestrian accident lawyer can help you navigate the complexities of insurance coverage.
- Ability to Present a Compelling Claim: Finally, your ability to present a strong, well-supported, and all around compelling pedestrian accident claim will affect the value of your settlement. Insurance companies want to settle pedestrian accident injury claims for less. With a well-prepared claim, your attorney can help you maximize your recovery.
Do You Need a Lawyer to File a Pedestrian Accident Claim?
Pedestrian accident injury claims are notoriously complex, but you do not have to take on the defendant or an insurance company all alone. A Florida car accident lawyer can help with the following:
- Review your pedestrian accident case, answer questions, and explain your rights;
- Thoroughly investigate the pedestrian collision—gathering evidence;
- Gather and prepare your medical records and other evidence of your damages;
- Handle legal paperwork, correspondence with insurers, and settlement discussions; and
- Develop a comprehensive strategy in case personal injury litigation is necessary.
Every pedestrian accident injury claim should be prepared as if it is going to go to trial. While the vast majority of personal injury claims are settled outside of litigation, the simple reality is that insurers will not offer full and fair settlements to injured pedestrians unless they are convinced that they can be held legally liable in court.
Contact Us Today
If you or someone you know was severely injured in a pedestrian collision, we are more than ready to help, and we are known for fighting for the rights and interests of pedestrian accident victims throughout Florida. Call the experienced pedestrian accident attorneys now or contact us online to arrange a free, no obligation initial case review.