pedestrian accident

Are you in need of a Fort Lauderdale pedestrian accident attorney? If you were injured in an accident with a vehicle while walking, biking, rollerblading, or skateboarding, to name a few pedestrian activities, you may suffer from financial losses that need to be addressed. You may be able to seek monetary compensation to cover things such as your medical expenses, pain and suffering, lost wages, a vehicle replacement, a prescription for a temporary pain reliever, or rehabilitation services to help regain your mobility. A legal professional who specializes in personal injury will know exactly how to file your claim, calculating how much to ask for, and how to obtain the best results for your case, guiding you through this process while you are focusing on your own priorities first.

Contact the team at Bernheim Kelley Battista & Bliss as soon as possible to speak with a Fort Lauderdale pedestrian accident lawyer about your situation. We have a long history of representing victims who are involved in a pedestrian accident in Fort Lauderdale, Florida, and will be happy to represent your case. Our law firm offers a free initial consultation for victims of these accidents and will help to fight for the money you deserve from the insurance companies.

Common Causes of Pedestrian Accidents

The following are just a few of the many possible ways that a pedestrian accident can happen in Fort Lauderdale, FL. Whether or not you see your accident below, contact our law firm now so that we can go through the specifics of your South Florida accident and get a better understanding of how we can work together. We specialize in pedestrian accidents as well as a range of other personal injury cases, and as soon as we begin working together you can prioritize your recovery without taking on the additional stress and anxiety of this complex and often frustrating process.

Distracted Driving

Preoccupied drivers are a major problem across the country, and contribute significantly to pedestrian injury statistics every year. In fact, 400 pedestrians were killed by distracted drivers in 2018 alone. These days, we commonly assume that driving distracted means texting and driving, but in actuality, there are many other ways that someone can engage in this dangerous behavior as well, including eating while behind the wheel, applying makeup, reading, and even simply letting the mind wander. Some forms of distracted driving are easier to prove than others, but as your Fort Lauderdale pedestrian accidents attorneys, we will take a close look at the situation and determine the best way to prove liability in your case and fight for the money you deserve.

Drunk Driving

Drunk driving is a dangerous, selfish, and reckless behavior that an unfortunate number of people choose to engage in across the country each night. Some people in South Florida may choose to drink too much and drive between Boca Raton, West Palm Beach, FL, and Fort Lauderdale using major roads and putting everyone else using them at risk of an accident. While someone is driving under the influence of alcohol (or other drugs), it is likely that they may miss a pedestrian on the side of the road or using a crosswalk, leading to accidents. Pedestrian injuries are commonly much more serious injuries than those sustained by the people in the vehicle, for obvious reasons.


Speeding is most often a violation of posted speed limits, but did you also know that drivers can be cited for driving too fast for the road conditions? For example, if you are walking home from work in heavy rains and a driver loses control on the wet roads coming around a corner leading to an accident, then your Fort Lauderdale pedestrian accident lawyer will look into proving that the driver was driving “at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.” Too often, drivers ignore conditions that lead to accidents in Fort Lauderdale, FL, leading to pedestrian accidents and a number of other serious types of collisions that could have been avoided had they exercised prudence.

Failure to Use Turn Signals

Failing to use turn signals is a major problem for everyone who shares the road with these selfish drivers, and as a pedestrian, you rely on these helpful indicators as much as everyone else does. If you are using a crosswalk and a driver takes a left turn into the road you are crossing without warning, they are both violating your pedestrian right of way, and violating additional traffic rules by failing to signal a turn. Additionally, your pedestrian accident could be the secondary collision of a driver making a turn without a signal that caused someone to swerve and hit you. No matter how complicated the events of your pedestrian accident, you can count on the personal injury lawyers at Bernheim Kelley Battista & Bliss, LLC to build a comprehensive case and fight for the money you deserve.

Mechanical Failure

When a driver fails to take proper care of their vehicle, there are many risks of an accident when they take to the open road. Florida does not require safety inspections for most vehicles (unless they were bought used, or bought from out of state), meaning that drivers may operate their vehicle with severely degraded tire treads, faulty steering, no horn, broken suspension, and more. Each of the points in a safety inspection is meant to ensure that the vehicle is road-worthy and safe for both the driver and everyone else on the road, meaning that a Fort Lauderdale driver may choose to ignore these safety issues until they cause an accident with other vehicles or pedestrians. Contact the Fort Lauderdale pedestrian accident attorneys at Bernheim Kelley Battista & Bliss, LLC to discuss how we can fight for your rights.

Aggressive Driving

Aggressive driving includes behaviors like racing, tailgating, cutting people off, “brake checking,” and other actions that seek to intimidate others on the road. Aggressive driving is a common cause of personal injury accidents for a number of reasons: for one, sharing the road with an aggressive driver can be distracting and scary for everyone else who is trying to operate their vehicle safely, which can cause them to lose control and hit a pedestrian or another vehicle. Pedestrians are at significant risk of injury in an accident when this type of behavior is taking place on the road. Additionally, the aggressive driver themselves may lose control, making this a common contributor to Fort Lauderdale pedestrian accidents.

Calculating Damages Following Fort Lauderdale Pedestrian Accidents

Calculating damages following a pedestrian’s accident is one of the central focuses of pedestrian accident lawyers in Fort Lauderdale and across the country. Even common injuries vary from case to case, and their impacts are unique in each case, so it is important that you work with an injury lawyer who will take a close look at each detail in order to have all of the details.

The following are just a few of the many damages that an experienced Fort Lauderdale pedestrian accident lawyer is familiar within the personal injury cases they represent. We understand that no two damages are alike for injured pedestrians and accident victims, so even if you see damages below that you have suffered, know that we will approach it as unique in order to build a comprehensive case for your Florida accident.

Economic Damages

Economic damages are the basis of an injured pedestrian’s accident case in Florida. They seek compensation for damages that have measurable financial values associated with them, including anything that comes with a bill, receipt, or invoice. This includes all of your medical bills and other injury-related expenses such as prescriptions, copays, physical therapy, and more. Economic damages also include all of your income-based impacts such as lost wages, diminished earning capacity as a result of your injuries. These income-based impacts are both short-term and long-term, and your Florida attorney will work to calculate both of these figures to ensure that you are not suffering the financial consequences of someone else’s reckless or negligent behavior. 

Non-Economic Damages

Non-economic damages are the other type of damage in a personal injury case, and pedestrians will find that they are more complicated to both calculate and to defend when working with insurance companies. They include things like the actual pain and suffering of your injuries, as well as the emotional impacts of an accident like trauma, fear, and subsequent depression if you are unable to pursue your hobbies and live life normally. 

A pedestrian accident attorney will need to go through each of these damages before determining the most appropriate way to quantify these damages. Pedestrians suffer from many different non-economic damages that are unique to their situation, and the attorney will have access to a range of tools meant to quantify the money that their client is entitled to. One popular method is using a multiplier, which uses the pedestrian’s economic damages along with a scale meant to indicate the severity of the overall non-economic damages. The two are multiplied to reach pedestrians’ non-economic damages. 

Punitive Damages

Pedestrians are at high risk of injury while traveling in Fort Lauderdale, and are unfortunately at the mercy of the drivers on the road in many instances. A pedestrian accident can occur if pedestrians ignore traffic rules like waiting for a cross light or staying on the sidewalk, but pedestrian personal injury cases are the result of a driver acting recklessly or negligently. In certain cases, a judge or jury may decide to award additional punitive damages to the pedestrian. However, your attorney can not request these damages, and they will not be included in any calculations for a fair settlement following pedestrian accidents. If your attorney believes that your accident may entitle you to additional punitive damages, they may encourage that you file a lawsuit in the Florida courts instead of trying to reach a settlement agreement.

Contact Bernheim Kelley Battista & Bliss, LLC For the Support You Deserve For Pedestrian Accidents

As a pedestrian in Fort Lauderdale or surrounding areas like Boca Raton, Miami, West Palm Beach, or elsewhere, contact our firm now to learn about your pedestrian rights. Pedestrian accidents are one of our main practice areas, and we will be happy to help you seek fair compensation for your pedestrian injury case. Pedestrians are at great risk of injuries when they are in an accident with a vehicle, and so working with an experienced pedestrian attorney is one of the best things you can do early into your case to ensure you are giving yourself the best chance possible of recovering fair compensation.

During our free initial consultation, we will be happy to discuss our past pedestrian accident cases, as well as how we can help you move forward with your unique situation. Pedestrians deserve to be heard when they are injured in serious accidents, and your case is just as important. Contact us now to learn more about pedestrians’ rights and how we can fight for you today.