Vero Beach Pedestrian Accident Lawyers

Vero Beach, FL

Motorists have a legal duty to watch for pedestrians walking across or along the roadway. Pedestrians lack the safety equipment afforded to vehicle occupants, such as seat belts and airbags, so they are in a much more vulnerable position to injury if involved in an accident with a motor vehicle.

If you or a loved one sustained an injury in a pedestrian accident, contact the Gould Cooksey Fennell Law Firm for legal assistance. We offer a free consultation to discuss your legal rights and options.

Despite bicycles being popular throughout Vero Beach, Florida, many motorists do not respect cyclists’ rights or look out for them while driving. Negligent drivers can cause bike accidents, resulting in serious injuries and even death.

If you were hurt in a bike crash that a careless motorist caused, you have rights. A bicycle accident lawyer from Gould Cooksey Fennell Law Firm can help you seek compensation for your medical bills, lost income, and other losses from the at-fault driver’s liability insurance policy. Contact us today for a free consultation.

How Can a Pedestrian Accident Lawyer Help Me?

Since the 1950s, the Gould Cooksey Fennell Law Firm has been part of the Vero Beach community. We have numerous personal injury attorneys and a team of legal professionals who assist our clients throughout the legal process. Since 2014, U.S. News & World Report has ranked us as a Tier One law firm, which showcases our firm’s commitment to excellence. We have successfully recovered over $150 million in recent personal injury and medical malpractice verdicts and settlements.

When you hire our experienced pedestrian accident attorneys, we can help with your personal injury claim by:

Investigating the Accident

It is not uncommon for pedestrian accident victims to be rendered unconscious and whisked away from the accident scene, leaving the motorist behind at the scene to weave a story that paints them in a better light. Law enforcement officers may fail to follow up with the pedestrian. A personal injury lawyer can investigate your case to help determine the liable party for your accident.

Gathering Evidence

Our pedestrian accident attorney can gather compelling evidence to help in your case by:

Reviewing police reports
Analyzing photos and videos of the accident
Interviewing witnesses
Working with accident reconstruction experts, as necessary

Calculating the Value of Your Claim

It is difficult for pedestrian accident victims to understand the long-term impact their injuries may have on their lives. Our experienced pedestrian accident attorneys can evaluate your case, work with your medical providers and economic experts, and identify your future care needs to determine the amount of financial compensation you are due. This gives you a better idea of the potential value of your pedestrian accident case.

Handling Communications with the Insurance Company

Our personal injury attorneys have extensive experience working with insurance companies. We know their tactics to minimize their insured’s liability and the value of an injured pedestrian’s claim, such as asking for recorded statements and medical releases they use against victims. We can handle all communication with the insurance company to protect the value of your claim.

Negotiating for Maximum Compensation

An experienced pedestrian accident lawyer can prepare a demand letter that details your injuries and the amount of compensation you are entitled to. The insurance company may respond with a settlement offer. Our legal team has extensive experience negotiating fair compensation for our clients.

Representing You at Trial

While we are often able to secure fair settlements for our clients, it is possible that your pedestrian accident case will go to court. If this happens in your case, an experienced attorney from our firm can provide you with legal representation throughout the process.

How Common Are Pedestrian Accidents?

According to the National Highway Transportation Safety Administration (NHTSA), 7,388 pedestrians were killed in motor vehicle accidents in 2021. 817 of these people were in Florida, making Florida the state with the third-highest number of pedestrian fatalities.

The Florida Department of Highway Safety and Motor Vehicles reports that there were 10,013 pedestrian-related crashes in the state in 2022, which includes 765 fatalities.

Common Causes of Pedestrian Accidents

Pedestrian accidents commonly occur because of:

Distracted Driving

Drivers today are distracted by many things, including:

Texting
Talking on cell phones
Receiving phone and GPS alerts
Adjusting controls in the vehicle
Talking to passengers
Tending to children or pets in the vehicle
Eating or drinking

Distracted drivers may fail to notice pedestrians until it is too late to avoid a collision.

Speeding

When drivers speed, it takes their vehicle longer to come to a complete stop once they notice a hazard.

Failing to Yield to Pedestrians

Drivers may fail to keep a proper lookout for pedestrians. They might pass through crosswalks without slowing down or waiting for pedestrians to cross.

Failing to Obey Traffic Laws

Drivers may disobey various traffic laws, such as running red lights, ignoring stop signs, or following too closely, which increases the likelihood of an accident.

Crosswalk Signal Issues

In some pedestrian accidents, crosswalk signal issues can contribute to the accident. For example, the crosswalk signal may be malfunctioning, instructing the pedestrian to walk even when it is not safe to do so.

Problems with Road Design and Infrastructure

Other pedestrian accidents can occur when roads are poorly designed or proper infrastructure is lacking. Particular safety concerns include:

Lack of marked crosswalks
Lack of pedestrian signals
Inadequate signage
Poorly designed roads
Insufficient lighting
Winding roads with limited visibility

In these types of cases, the parties responsible for designing and maintaining roads and crosswalks may share some of the blame for pedestrian accidents.

What Are the Most Common Injuries Pedestrians Suffer From?

Pedestrians often suffer catastrophic injuries due to collisions with motor vehicles because the human body cannot withstand the forceful impact of being hit by thousands of pounds of metal. Common pedestrian accident injuries include:

Head injuries
Brain injuries
Facial injuries
Eye injuries
Dental injuries
Spinal cord injuries
Nerve damage
Neck injuries
Back injuries
Internal injuries
Crush injuries
Broken bones and other orthopedic injuries
Soft tissue damage, including sprains, strains, tears, and damage to tendons and ligaments
Post-traumatic stress disorder (PTSD) and other mental injuries
Fatal injuries

If you or a loved one suffered life-changing injuries, reach out to a compassionate personal injury lawyer for legal assistance.

Who Is Responsible for My Pedestrian Accident Injuries?

After you are left with such severe injuries, you may be worried about how to pay your medical professionals and make up for your lost wages. An experienced pedestrian accident lawyer can help identify all liable parties and sources of compensation.

Multiple parties may be legally responsible for compensating you for your pedestrian injuries. Depending on the circumstances, the responsible party may be:

A negligent motorist who was speeding, distracted, impaired, or not obeying traffic signals
The government agency responsible for designing or maintaining the roadway, crosswalk, or lighting system
The engineering firm responsible for designing the roadway
A vehicle manufacturer, if a defect caused or contributed to the accident, such as faulty brakes
A pedestrian who did not look for traffic or darted between parked cars

How Is Fault Determined in a Florida Pedestrian Accident Case?

Although motorists must watch for vulnerable road users, pedestrians are sometimes found at fault for these accidents. Determining fault involves analyzing traffic laws and the particular circumstances to evaluate the relevant legal duties of the parties and who breached them.

To prove the other party was at fault, you will likely need strong evidence such as:

Accident reports
Traffic camera footage
Photos of the accident scene
Witness statements
Medical records

In some cases, an accident reconstruction specialist may prepare reports that use the information available about the crash to recreate how the accident occurred.

What Compensation Can I Recover in a Pedestrian Accident Claim?

When a negligent party causes harm to another person, the injury victim is entitled to monetary compensation for the losses they suffered because of the accident. Your compensation claim can include payment for economic and non-economic damages.

Economic damages are the losses that have a direct financial impact on your life, such as:

Costs for emergency medical treatment, ambulance rides, surgeries, and hospital stays
Payment for ongoing medical care, such as rehabilitation and therapy
Future medical expenses
Loss of income
Loss of future earning capacity
Property damage for any items you were carrying
Out-of-pocket expenses for medical co-pays, over-the-counter supplies, and medication

Non-economic damages provide compensation for losses that are not tied to a direct economic impact but are just as real, such as:

Pain and suffering
Emotional distress
Mental anguish
Loss of enjoyment of life
Loss of consortium

An experienced lawyer can evaluate your case and explain the types of damages you may be eligible to recover.

What to Do After a Pedestrian Accident

The moments after a pedestrian accident can be confusing and disorienting. You might be unsure of what to do or how to help a loved one who has just been run over. As much as possible, try to stay calm. Then, take these steps to protect your legal rights:

Seek Medical Attention

Do not try to move the injured party. Call immediately for an ambulance. Even if the victim feels fine, they may have internal organ damage or other injuries they are not aware of. These injuries can have serious consequences if they are not promptly diagnosed and treated.

Call the Police

By calling the police, you can begin the process of seeking immediate assistance. Law enforcement officers can respond to the scene, document the incident, investigate if a crime was committed, and gather additional information to help your claim. Ask how to receive a copy of the report once it is finished.

Ask for Information

Ask the driver for their name, contact information, driver’s license number, and insurance information. If any witnesses are present, ask for their names and contact information, too.

Document the Scene

Use your cell phone to take photos or videos of the accident scene. If possible, try to capture close-ups and wide angles of the following information:

Your injuries
Damage to the vehicle and any other property damage
Skid marks
Debris on the roadway
The crosswalk
Traffic signals
Where the accident occurred
Road and weather conditions

These pictures can be valuable in demonstrating how the accident occurred.

Follow Medical Advice

Attend all your follow-up appointments and follow your doctor’s orders regarding restrictions for work and recreational activities.

Keep Detailed Records

Keep records of everything related to your injury claim, including:

Medical expenses, including hospital bills, prescriptions, and medical devices
Communications from the insurance company or at-fault party
Check stubs and records from your employer indicating your lost income
Notes about your symptoms and pain from your injuries

Be Careful What You Say

The insurance company will look for ways to deny or minimize your claim. Do not admit fault for the accident. Avoid posting information about the pedestrian accident on social media.

Contact an Experienced Attorney

Call an injury lawyer as soon as possible. They can manage your claim for you while you focus on your recovery.

What Happens If I Am Found Partially at Fault for My Pedestrian Accident?

Florida uses a modified comparative fault system, so even if you are partially at fault for the accident, you can still seek compensation for your damages as long as you are not more than 50 percent at fault for the accident. However, your damages are reduced by your degree of fault. Suppose you are found 20% responsible for an accident and suffer damages of $100,000. Your damages would be reduced by $20,000 in that instance.

What If I Was Hit by a Hit-and-Run Driver?

Some pedestrian accidents are hit and run. The driver may know they were drunk or might be afraid to face the consequences of hitting a vulnerable pedestrian, so they leave the scene. An experienced lawyer can try to help identify the at-fault driver and explore other options for your financial recovery, such as filing a claim with your insurance provider.

Is There a Time Limit to File a Pedestrian Accident Lawsuit?

Florida has a two-year statute of limitations for most personal injury cases. The clock begins to tick on the day after the accident. If you do not file a personal injury lawsuit within two years of the accident date, you can forfeit your right to recover financial compensation through the courts.

Contact Our Experienced Pedestrian Accident Attorneys for a Free Case Review

If you were injured in a pedestrian accident, you could be owed significant compensation for your medical expenses, lost wages, and pain and suffering. Our personal injury lawyers are here to help you demand it.

For over 70 years, we have represented members of the Vero Beach, Florida community. We are committed to helping you recover maximum compensation for your case. Contact us today for a free case review.

FREE PERSONAL INJURY CONSULTATION

No Fee Until We Win
$150M+ in Recent Personal Injury Verdicts & Settlements
U.S. News & World Report Best Law Firms for 10 Consecutive Years

Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.

Notable CAR ACCIDENT Settlements and Verdicts

We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.

$9,381,000 Verdict Resulting From a Motor Vehicle Accident

Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.

$6,413,709.10 Verdict Resulting From a Motor Vehicle Accident

A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.

$5,582,776 Verdict awarded against State of Florida Department of Agriculture

Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.

$5,500,000 Motor Vehicle Accident Settlement

Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.

$1.640,000 Jury Verdict Awarded 86 Year Old Couple

Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.

$1,450,000 Motor Vehicle Accident Settlement

Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.

$1,400,000 Verdict Resulting From a Motor Vehicle Accident

While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.

$1,200,000 Verdict Resulting From a Motor Vehicle Accident

While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.

$1,089,000 Motor Vehicle Accident Verdict

Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.

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Some car accident cases can take years and cost thousands of dollars, but we don’t charge a dime until you get paid.

REAL CLIENT TESTIMONIALS

My experience with Gould Cooksey Fennell was everything I could have wanted during the stressful period of settling my automobile accident claim. The attorneys and staff were thoughtful and caring concerning my injuries and highly skilled in reaching a more than satisfactory settlement.

A.J.

Very professional and caring. Everyone you deal with there from when you walk in the door are very polite. Here you feel at home. They check on you to make sure you’re ok. They make going through a rough case simple . The amount of hard work this office puts in definitely shows. Awesome people with great results.

J.J.

I cannot begin to express my gratitude and appreciation for Gould Cooksey Fennell. The entire team was beyond professional, kind, compassionate and patient during an extraordinarily difficult time in the life of myself and my brother. I can not recommend them highly enough. Marilyn at the front desk greets you by your name and if there is anything you want or need she makes sure you get it and are always comfortable. EVERYONE in this office is AMAZING!!!!

R.G.