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;
- 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 BK Law 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 at BK Law now or contact us online to arrange a free, no obligation initial case review.
Factors That Affect Florida Car Accident Settlements In Florida. The average number stated among Florida law resources for car accident settlements is anywhere from $10,000 to $60,000 or more. As you can imagine, settlement amounts can vary depending on a wide range of factors.Are you always at fault when reversing? ›
California state law maintains that the driver occupying a lane of traffic has the right of way when a reversing accident happens. This means that in most cases, the reversing driver is liable for a back-up accident. However, there are some situations in which the other driver bears fault for this type of accident.What happens if someone drives your car and they get in an accident in Florida? ›
This is because, in Florida, car insurance follows the vehicle first and the driver second. So, if you allow someone else to drive your car and they get into an accident, your insurance policy will cover that driver and your vehicle, even if they are at fault.Who is at fault if two cars back into each other? ›
Cars Backing Into Each Other
This means each driver is responsible for their vehicle's movements. Most likely, both drivers will share the fault for this type of accident since everyone is responsible for watching their surroundings while backing out of a parking space.
The general formula most insurers use to measure settlement worth is the following: (Special damages x multiplier reflecting general damages) + lost wages = settlement amount.What is the average pain and suffering settlement in Florida? ›
A successful claim could force the at-fault party to pay for your economic and noneconomic damages. The average personal injury settlement in Florida ranges between $3,000 and $75,000. This is a broad range, however, and it is important to remember that every personal injury claim is unique.What happens if you lightly hit a car? ›
Technically speaking, without damage to a parked vehicle, there's no hit and run crime, and there's no financial responsibility to assume. Your obligation to stop, find the vehicle owner, leave a note, and/or report the accident all presume that the vehicle was damaged when you hit it.What happens if someone slams on their brakes and you hit them? ›
While you may consider that an accident must be the fault of the lead or rear driver for recklessly slammed on their brakes and almost 100 percent of rear end collisions, the rear driver involved is found out to be responsible or at fault in a rear end collision.Can someone sue me personally after a car accident Florida? ›
Can someone sue you personally after a car accident? In Florida, a person injured in a car accident is entitled to sue the at-fault driver and the owner of the at-fault driver's vehicle.How long can someone sue you after a car accident in Florida? ›
The Florida statute of limitations for a personal injury lawsuit (including a car accident lawsuit) tells you how long after an accident you can sue in Florida. The general bodily injury deadline is four years after the date of the injury.
Florida Statute 626.9541 prohibits insurance companies from raising rates or canceling an insurance policy unless it can be proven that you were substantially at-fault for the accident.Who is usually at fault in a car crash? ›
In most instances, any driver violating traffic law will be held largely responsible for a resulting car accident. If one of the drivers is issued a citation for speeding, running a light, or another violation, he or she will most likely be primarily at fault, and carry the heaviest burden of the resulting liability.When both people are at fault? ›
Both parties may share fault in a car wreck. In these situations, the laws of the state in which the traffic accident occurred determine how insurance adjusters assign liability. In some states, neither party in a shared-fault accident qualify to pursue compensation from the other motorist and their insurer.Who is at fault if I drive around a car and they opened their car door? ›
In most cases, the person who opened the door to their car before the accident happened will be held liable for the damages. However, it can be difficult to determine fault after the car door has been hit because each person will have a different version of events that must be fully examined.How much money should I ask for in a settlement? ›
To get a general idea of settlement, add up the costs in medical bills, damages, and lost wages, and multiply the sum by three. This may be around the amount in the settlement you can receive after a car accident. Compensation for pain and suffering is only given to those who are injured in a car accident.What is a good settlement figure? ›
How Much Should I Expect from a Settlement? A good settlement offer should not only be able to cover your hospital bills and legal fees, but it should also be equivalent to close to a years' worth of your current wages, especially in cases where your injuries may be permanent or cause some kind of disability.What is the usual result of a settlement? ›
The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.How much do lawyers take from settlement in Florida? ›
Usually, a personal injury lawyer will take one-third of your final settlement offer as compensation for their work. For example, a settlement of $10,000 would result in a $3,333 payment to your lawyer and $6,667 for you to take home.How much are most personal injury settlements? ›
An average personal injury settlement amount is anywhere between $3,000 and $75,000. Be careful when using an average personal injury settlement calculator to give you an idea of what you may stand to collect. These numbers really depend on your individual case and are hard to predict without a professional.How long does it take to negotiate a settlement in Florida? ›
Negotiation and Mediation (2-4 Weeks)
Most personal injury lawsuits in Florida are settled before they go to trial because settling saves both parties time and money. Settling cases out of court also allows insurance companies to keep the details private.
- Seek medical assistance immediately.
- Document your injuries.
- Call the police.
- Do NOT discuss fault on the scene or with the motorist's insurance company.
- Contact your insurance company.
- Seek professional legal assistance.
Being hit by a car can cause an internal injury such as bleeding, rib fractures, punctured lung, brain bleeds, ruptured spleen, or damage to organs.What are symptoms of getting hit by a car? ›
- Headaches (Very Common) Many people experience headaches after a car accident—but not always right away. ...
- Neck, Shoulder, or Back Pain. ...
- Bruising. ...
- Numbness or Tingling. ...
- Changes in Mood. ...
- Upset Stomach or Abdominal Pain. ...
- Swelling. ...
- Ringing in Your Ears.
Florida is a no-fault automobile insurance state. This means that drivers must carry personal injury protection insurance (PIP) to pay for their medical expenses and other accident-related damages, regardless of who caused the collision.Am I at fault if I hit a car in front of me because he slammed on his brakes very suddenly in India? ›
In short, the rear driver is almost always at fault and will be found liable for damages. The reason being that it's your responsibility to leave a safe distance between yourself and the vehicle in front of you.When a car suddenly brakes in front of you? ›
Brake checking is an illegal action. The person in front of you, in a brake checking situation, suddenly slams on their brakes. They do this to surprise you, and sometimes it's to intentionally cause a collision. Regardless of where you are, this action puts you and others in danger.Can someone park in front of my house in Florida? ›
Subsection 12-B goes into detail, saying, “No vehicle shall park in front of a public or private driveway at any time. If your vehicle is parked close enough to a driveway where it impedes the flow of normal traffic this would be considered a violation.”Is it illegal to park and sleep in your car in Florida? ›
For the most part, sleeping in your car is legal in Florida, along with the vast majority of the rest of the United States. However, there are several stipulations regarding where exactly you can do this. In the state of Florida, there is a three-hour parking limit at most lots and rest stops with no overnight stays.Can I sleep in my car in a parking lot in Florida? ›
There is no federal law that prohibits motorists from sleeping inside their vehicle. However, in Florida, drivers are only allowed to sleep inside their vehicle for a maximum of three hours. You are not allowed to park overnight and sleep in your vehicle.Can you sue for emotional distress in Florida? ›
If your employer retaliates or refuses to take corrective action, you can and should file a Florida lawsuit against your employer. U.S. Courts have long held that employees can sue their employers for emotional distress if they are responsible for that distress through action or irresponsible inaction.
It will usually take between four to six weeks for a person to receive their personal injury settlement check in Florida. However, this does vary depending on the extent of your injuries and the complexity of the car accident claim.Can you sue for pain and suffering from a car accident in Florida? ›
Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations. Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering.How much is a car accident settlement in Florida? ›
According to the car accident settlement examples listed on this page, the average Florida car accident settlement is anywhere from $300,000 to $6,100,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for car accidents in Florida.Can you sue for PTSD after a car accident in Florida? ›
One of the requirements is that you suffered a significant and permanent injury. When you can file a lawsuit against the at-fault driver, you can sue them for PTSD, mental anguish, pain, suffering, and other mental and psychological injuries associated with the physical injury.Who pays for car damage in Florida no-fault? ›
Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.Will my insurance go up if the accident wasn t my fault Florida? ›
Generally, a no-fault accident won't cause your car insurance rates to rise. This is because the at-fault party's insurance provider will be responsible for your medical expenses and vehicle repairs. If your insurer doesn't need to fork out money, your premiums won't go up.What happens if someone hits you and they don t have insurance in Florida? ›
Personal Injury Protection (PIP)
Since all Florida drivers must obtain PIP insurance, you may recover compensation after a car accident where you are hit by an uninsured driver. Florida law requires those seeking compensation from their PIP insurance policies to receive medical care within 14 days of their accident.
In Florida, insurance company adjusters will typically determine fault. They will review police reports, driver accounts, and any other information collected that relates to the incident. After reviewing all of the available facts, they will declare who is at fault and to what degree.How does insurance work when its not your fault? ›
Your insurance company will pay for your damages, minus your deductible. Don't worry — if the claim is settled and it's determined you weren't at fault for the accident, you'll get your deductible back. The involved insurance companies determine who's at fault.What is the most common type of car accident? ›
How may we help you? Rear-end collisions and angle collisions are the most common type of accidents.
If you are hit from behind, the other driver will generally be held responsible. Similarly, a driver making a left-turn will likely be held responsible in the case of an accident because the cars in the lane they cross generally have the right of way.
scapegoat. noun. someone who is blamed for something that is not their fault, especially because someone else wants to avoid being blamed.What is it called when someone blames you for their faults? ›
Projection refers to attributing one's shortcomings, mistakes, and misfortunes to others in order to protect one's ego. Blaming others (i.e. projection) is more common in those who are experiencing negative feelings and are unable to regulate their emotions.What is it called when someone turns everything into your fault? ›
They turn the story around to make it seem like you are at fault, deflecting attention and blame away from them to make you feel guilty. This type of emotional manipulation is called gaslighting.Who is at fault when a car hits an open car door when pulling into a parking space Texas? ›
In the event that a driver was already most of the way into a parking space when the door of the car opened, then there would be no way to avoid the accident. In this situation, the person who opened the car door will be more at fault.Does insurance cover if someone breaks your door handle on your car? ›
If you have comprehensive coverage, you're in luck. Comprehensive insurance will typically cover repair costs for your vehicle, which may include: Broken door locks. Smashed windows.How is pain and suffering calculated in a car accident in Florida? ›
To calculate pain and suffering, Florida juries can consider a variety of factors, including: The severity of your injuries. The limitations your injuries impose on your daily life. Past, current, and future suffering caused by the injury.How long does a car accident settlement take in Florida? ›
You can get a settlement check from your insurance fairly quickly after a car accident. The average time in Florida to receive a check is between four to six weeks. Although, this can vary based on the complexity of your case. The time it takes will also be impacted on whether you take your claim to court or not.How are personal injury settlements paid out in Florida? ›
If you have settled your personal injury claim, your attorney will receive the settlement check from the insurance company in the mail. He/she will deposit the check into their client trust account, and transfer the money to you accordingly.Do you have to pay taxes on a accident settlement in Florida? ›
Any compensation you receive because of physical injuries or sickness is not taxable. That includes all medical bills, whether they are for emergency care, physical therapy, follow up visits, or nursing care.
Florida law, although complex, does allow accident victims to recover compensation for pain, suffering, emotional distress and mental anguish. To recover this compensation, however, the victim's injuries must meet the statutory standards for severity.How pain and suffering of an accident is calculated? ›
Car accident settlement pain and suffering amounts are calculated by multiplying the sum of all economic damages, like medical bills, by a number between 1.5 and 5, depending on the severity of the injuries. Pain and suffering can also be quantified with a daily amount agreed upon by the insurance company.How do you calculate emotional pain and suffering? ›
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...How long does it take to get paid after a settlement is reached? ›
After you have settled it can take up to six weeks before you receive the check. Q: How long does it take for an insurance company to pay out a settlement? After the settlement is agreed they have up to 85 days to pay.How long till I get my settlement check after I agree in Florida? ›
As stated above, Florida law requires that the insurance company issue a check within 20 days after the settlement of a claim. However, it could take several weeks to receive your funds once your attorney receives the settlement check.What percentage does a lawyer get in a settlement case in Florida? ›
Whatever the amount is, your law firm will charge you on a contingency fee basis. This means they will take a set percentage of your recovery, typically one third or 33.3%. There are rare instances where a free case is agreed to by the representing lawyers.Do you have to put settlement money on taxes? ›
Generally, settlement funds and damages received from a lawsuit are taxable income according to the IRS. Nonetheless, personal injury settlements – specifically those resulting from car accidents or slip and fall incidents – are typically exempt from taxes.Can the IRS take your accident settlement? ›
In some cases, the IRS can take a part of personal injury settlements if you have back taxes. Perhaps the IRS has a lien on your property already, and if so, you could find yourself losing part of your settlement in lieu of unpaid taxes. This can happen when you deposit settlement funds into your personal bank account.Do you have to pay income tax on lawsuit settlements? ›
Punitive Damages Are Taxable
In California, personal injury law allows victims to recover additional settlements known as punitive damages. These awards occur when the grievance, injury, or damage results form an egregious act of the defendant. These settlement dollars are always considered taxable.