Protecting the Rights of the Injured

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Protecting the Rights
of the Injured

$2,000,000

Pharmaceutical
error

$2,250,000

wrong site
surgery

$2,500,000

incorrect surgical
technique/death

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West Palm Beach Pedestrian Accident Lawyer


Often fatal, the injuries suffered by getting hit by a car while on foot are nearly always catastrophic. Get compensation from the negligent driver by working with a West Palm Beach pedestrian accident lawyer.

It’s not just your imagination: Pedestrian accidents are on the rise. According to the National Highway Traffic Safety Administration (NTHSA), 2015 saw an increase in pedestrian fatalities to their highest levels in twenty years. Here in Florida, the risk to pedestrians is especially high: Our state ranks number one in the country for pedestrian fatalities.

Pedestrians depend upon vehicle drivers to respect the rules of the road, be attentive to traffic patterns, and abstain from distracted driving behaviors like texting or eating while behind the wheel. When drivers fail to follow these rules, the results can be catastrophic for anyone walking or running.

If you or a loved one has been injured in a pedestrian-car crash caused by a negligent driver, you could be eligible for a personal injury claim. A West Palm Beach pedestrian accident lawyer from the Law Offices of Casey D. Shomo can help you get the full compensation you deserve.

Why Were You Hit by a Driver?

Drivers have a responsibility to exercise “reasonable care” for their own safety, as well as for the safety of those with whom they share the road: other drivers, motorcyclists, bicyclists, and pedestrians. Drivers fail to exercise reasonable care when they engage in practices such as the following:

  • Operating a vehicle while under the influence of drugs or alcohol
  • Failing to obey traffic signals and lights
  • Speeding
  • Driving too fast for conditions
  • Distracted driving
  • Tailgating
  • Failing to give pedestrians the right-of-way at crosswalks

Florida law requires drivers to stop—not yield—when someone is attempting to cross at a pedestrian crosswalk. If you were hit in a crosswalk, barring very specific extenuating circumstances, you have grounds for an injury claim.

Some pedestrian accidents might not even involve a vehicle. Instead, they might be caused by factors such as sidewalk defects, construction zones, malfunctioning signals, or road debris. If you were injured as the result of a non-vehicular pedestrian accident, you may still be entitled to damages.

Naturally, like drivers, pedestrians are expected to exercise reasonable care by following practices such as only crossing at crosswalks and only crossing when traffic signals have indicated that it is safe to do so. If you follow these rules and still find yourself injured in a crash, a West Palm Beach pedestrian accident lawyer from our office can help you obtain your rightful compensation.

Florida Statute of Limitations for Personal Injury

Florida law imposes a different statute of limitations—the amount of time you have to file a lawsuit—depending on whether the accident resulted in injury or death.

For pedestrian accidents resulting in injury, the injured party may file a personal injury lawsuit within four years of the accident date. For pedestrian accidents resulting in a wrongful death, however, the deceased’s loved ones may only file a lawsuit within two years of the accident date or date of death (if different).

It’s important to understand the filing deadline as it applies to your particular situation. Contacting an experienced West Palm Beach pedestrian accident lawyer can go a long way toward giving you peace of mind, in addition to giving you leverage while you navigate insurance settlement talks.

Recovery Can Be Expensive

If you’ve been injured in a pedestrian accident, the insurance companies will likely not be on your side. The driver’s insurance carrier may try to assert that you were somehow at fault for the incident, thus reducing the value of your settlement.

However, our firm knows how to fight for you, and we can get you the full value of your claim. The size of your settlement might be affected by any of the following factors:

  • The degree of your injuries, as more severe injuries will likely require more medical care to recover from
  • The amount of time you missed at work due to your injuries (lost income)
  • The extent of the medical treatment you receive
  • Any lost opportunities stemming from your injuries (known as “loss of normal life”)
  • Your lost potential earnings
  • Any pain and suffering you have experienced

Contact a West Palm Beach Pedestrian-Car Accident Lawyer

If you or a loved one has been injured in a pedestrian accident, wrangling an insurance company for compensation should be the least of your worries.

Contact a West Palm Beach pedestrian accident lawyer with the Law Offices of Casey D. Shomo. Call 561-659-6366 or complete the contact form on this page to arrange a time for a free, no-obligation consultation.