Aventura Pedestrian Accident Lawyer | Aventura Personal Injury Law Firm

If you’ve been injured in a pedestrian accident in Aventura, you may be facing medical bills, lost wages, pain and suffering, and other significant losses. Flanagan & Bodenheimer Injury and Wrongful Death Law Firm is here to help you seek justice and fair compensation for your injuries. Our pedestrian accident lawyers in Aventura, FL have recovered millions of dollars for accident victims throughout Florida. 

Contact us 24/7 at 305-638-4143 for a free consultation in English or Spanish. We’ll listen to your story, answer your questions, and help you understand your rights and options for pursuing compensation. 

Common Reasons For Pedestrian Accidents in Aventura, Florida

South Florida’s high pedestrian population can be attributed to a combination of factors, including its warm climate, tourist attractions, and urban development. South Florida encourages outdoor activities and pedestrian traffic, particularly in cities like Aventura, known for their walkable neighborhoods. Additionally, South Florida’s status as a top tourist destination draws millions of visitors annually, further increasing pedestrian activity in popular areas. 

Unfortunately, pedestrian accidents are all too common in Aventura, often resulting in serious injuries or even fatalities. As experienced pedestrian accident lawyers, we understand the factors that contribute to these incidents. These are some of the most common reasons for pedestrian accidents in Aventura:

• Distracted Driving: One of the leading causes of pedestrian accidents in Aventura, as in many other cities, is distracted driving. Drivers who are texting, talking on the phone, or otherwise distracted behind the wheel are less likely to notice pedestrians crossing the street or walking along the sidewalk, increasing the risk of collisions.
• Failure to Yield: Another common reason for pedestrian accidents is drivers failing to yield the right-of-way to pedestrians at crosswalks, intersections, and other designated crossing areas. Whether due to impatience, inattention, or disregard for traffic laws, failure to yield can have devastating consequences for pedestrians.
• Speeding and Reckless Driving: Speeding and reckless driving are significant contributors to pedestrian accidents in Aventura. When drivers exceed the posted speed limits or engage in aggressive driving behaviors such as tailgating, running red lights, or making unsafe lane changes, they put pedestrians at serious risk of injury or death.
• Poor Visibility: Inadequate lighting, obscured sightlines, and inclement weather conditions can all impair drivers’ visibility and increase the likelihood of pedestrian accidents. Pedestrians may be less visible to drivers, especially at night or during periods of low visibility, making it crucial for both drivers and pedestrians to exercise caution.
• Lack of Pedestrian Infrastructure: In some areas of Aventura, inadequate pedestrian infrastructure, such as sidewalks, crosswalks, and pedestrian-friendly intersections, can make it challenging for pedestrians to navigate safely, increasing the risk of accidents.
• Driver Fatigue: Fatigued drivers are less alert and responsive behind the wheel, making them more prone to accidents. Long hours of driving without breaks or driving during nighttime hours can exacerbate driver fatigue and increase the risk of pedestrian accidents.

Determining Liability in Pedestrian Accidents

While drivers of motor vehicles are typically assumed to bear the primary responsibility for pedestrian accidents, it’s important to recognize that pedestrians themselves may also be held liable under certain circumstances. As Aventura personal injury lawyers, we understand the nuances of pedestrian liability and how it can impact your case.

Under Florida law, pedestrians are expected to adhere to certain regulations outlined in Florida Statute 316.130. Failure to comply with these regulations may result in the pedestrian being deemed partially or fully liable for an accident involving a motor vehicle.

Some common actions that may indicate pedestrian liability include:

• Disregarding Traffic Signals: Pedestrians who fail to follow traffic light instructions, such as crossing an intersection against a red light, may be considered negligent and liable for any resulting accidents.
• Failure to Use Available Sidewalks: Pedestrians are generally expected to use sidewalks when they are available. Walking on the road instead of utilizing a sidewalk may increase the risk of accidents and could contribute to liability if an accident occurs.
• Sudden and Unpredictable Movements: Pedestrians who suddenly leave the curb or sidewalk and enter the path of a vehicle without warning may be deemed at fault for the accident, especially if the driver had insufficient time to react.
• Crossing Intersections Diagonally: Crossing an intersection diagonally, rather than following designated crosswalks and pedestrian signals, may expose pedestrians to greater risks and potential liability in the event of an accident.
• Failure to Cross at Designated Crosswalks: Pedestrians are generally expected to cross roadways at designated crosswalks whenever possible. Failure to do so may contribute to liability if an accident occurs while crossing at an undesignated location.
• Solicitation in the Roadway: Pedestrians who stand in the roadway to solicit employment, a ride, or business from drivers may be considered negligent and liable for accidents that result from their presence in the roadway.

While pedestrians in Florida may not always adhere strictly to these regulations, it’s important to recognize the potential implications of deviating from established safety guidelines.These behaviors may potentially impact the pedestrian’s ability to recover full compensation for their injuries.

If you’ve been involved in a pedestrian accident in Aventura, FL, it’s crucial to seek legal guidance from experienced pedestrian accident lawyers who can advocate for your rights and navigate the complexities of liability laws in Florida. If you have questions or concerns about pedestrian liability in a recent accident, don’t hesitate to reach out to Flanagan & Bodenheimer at 305-638-4143 for a free consultation.

Common Pedestrian Accident Injuries

Pedestrian accidents can be devastating, often resulting in severe injuries and long-term consequences for those involved. In bustling cities like Aventura, FL, where pedestrians and vehicles share the roadways, the risk of these accidents is ever-present. These are some of the common injuries sustained in pedestrian accidents:

• Traumatic Brain Injuries (TBIs): TBIs are among the most serious injuries suffered by pedestrians involved in accidents. The impact of a collision with a vehicle can cause the pedestrian’s head to strike the ground or the vehicle, leading to concussions, skull fractures, or other traumatic brain injuries that can have long-lasting effects on cognitive function and quality of life.
• Spinal Cord Injuries: The force of impact in pedestrian accidents can also result in spinal cord injuries, ranging from herniated discs and spinal fractures to complete paralysis. These injuries can have profound implications for mobility, sensation, and daily functioning.
• Orthopedic Injuries: Pedestrians often sustain orthopedic injuries, including fractures, dislocations, and soft tissue injuries, as a result of being struck by a vehicle or thrown to the ground upon impact. These injuries can be painful and may require extensive medical treatment, including surgery and rehabilitation.
• Internal Injuries: The force of a collision can cause internal injuries to organs such as the lungs, liver, spleen, or kidneys. These injuries may not be immediately apparent but can lead to life-threatening complications if left untreated.
• Lacerations and Contusions: Pedestrians involved in accidents may suffer from cuts, bruises, and abrasions as a result of contact with the vehicle, pavement, or other objects. While these injuries may not be as severe as others, they can still cause pain, scarring, and emotional distress.
• Wrongful Death: Unfortunately, some pedestrian accidents can lead to death. In these cases, the victim’s family may be able to file a wrongful death claim. Our Aventura wrongful death lawyers help families through the process of obtaining compensation for funeral expenses, medical bills, loss of income, and other expenses for surviving family members.

Why Pedestrian Accident Injuries Are So Severe

• Vulnerability of Pedestrians: Unlike occupants of vehicles, pedestrians lack the protection of a metal shell or safety features such as airbags and seat belts. As a result, they are far more vulnerable to the impact of a collision and are more likely to sustain severe injuries.
• Speed and Force of Impact: The speed and force at which a vehicle strikes a pedestrian can have a significant impact on the severity of injuries. Higher speeds generally result in more severe injuries, as they increase the force of impact and the likelihood of blunt force trauma.
• Height Disparity: In collisions involving passenger vehicles, there is often a significant height disparity between the vehicle and the pedestrian. This height difference can lead to pedestrians being struck at vulnerable areas of the body, such as the head or torso, increasing the risk of severe injuries.
• Secondary Impact: Pedestrians involved in accidents may also suffer secondary impacts, such as being thrown to the ground or striking other objects in the vicinity. These secondary impacts can exacerbate injuries and lead to additional trauma.

Frequently Asked Questions

What should I do immediately after a pedestrian accident in Aventura?

• Call 911: Report the accident to the police and request medical assistance.
• Seek Medical Attention: Even if injuries seem minor, some may worsen over time.
• Document the Scene: Take photos of the accident scene, your injuries, and any nearby traffic signs or signals.
• Gather Information: Obtain the driver’s name, contact details, and insurance information, as well as witness contact information.
• Avoid Discussing Fault: Do not admit fault or make statements to insurance adjusters without consulting an attorney.

What if I was partially at fault for the accident?

Florida follows a modified comparative negligence rule under Florida Statutes § 768.81. This means you can still recover compensation if you are less than 50% at fault, but your compensation will be reduced by your percentage of fault.

How long do I have to file a pedestrian accident claim in Florida?

The statute of limitations for filing a personal injury claim in Florida is two years from the date of the accident. Failing to file within this timeframe may forfeit your right to compensation.

Can I still file a claim if I wasn’t in a crosswalk?

Yes, pedestrians outside of crosswalks can still file a claim. While not being in a crosswalk may impact liability, drivers are still required to exercise caution and avoid hitting pedestrians.

How long does it take to resolve a pedestrian accident case in Florida?

The timeline depends on factors like:

• The severity of your injuries
• Whether liability is disputed
• The willingness of the insurance company to negotiate
• Whether the case goes to court

Some cases settle within a few months, while others may take a year or more.

How much does it cost to hire a pedestrian accident lawyer in Aventura?

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we work on a contingency fee basis, meaning:

• You pay nothing upfront.
• We only get paid if we recover compensation for you.

This ensures that financial concerns don’t prevent you from seeking justice for your injuries.

How A Pedestrian Accident Lawyer Can Help

Pedestrian accidents can be traumatic experiences, leaving victims with severe injuries, mounting medical bills, and uncertainty about their future. If you’ve been injured in a pedestrian accident in Aventura, Florida, you don’t have to face the aftermath alone. Our team of dedicated personal injury lawyers is here to guide you through every step of the legal process so you can focus on your recovery. 

• Investigation and Case Building: Pedestrian accidents often require thorough investigation to determine liability and establish the full extent of damages. Our experienced car accident lawyers will conduct a comprehensive investigation into the circumstances surrounding your accident, gathering evidence, interviewing witnesses, and working with experts to build a strong case on your behalf.
• Negotiation with Insurance Companies: Dealing with insurance companies can be overwhelming, especially when you’re focused on recovering from your injuries. Our attorneys will handle all communications with the insurance companies, advocating for your rights and seeking a fair settlement that fully compensates you for your medical expenses, lost wages, pain and suffering, and other losses.
• Litigation and Court Representation: If a fair settlement cannot be reached through negotiation, our lawyers are prepared to take your case to court and fight for your rights in front of a judge and jury. We have a proven track record of success in the courtroom and will not hesitate to pursue maximum compensation for your injuries and losses.
• Support Every Step of the Way: Throughout the legal process, our team will be by your side, providing guidance, support, and reassurance. Our law firm purposely maintains a small caseload so we can keep you informed of developments in your case, answer your questions, and address any concerns you may have promptly.

Contact Our Personal Injury Lawyers For a Free Consultation

While our main offices are located in Hollywood, FL and Coral Gables, FL, we accept clients throughout the entire State of Florida. We offer our legal services to clients throughout all of South Florida including Miami, Coral Gables, Kendall, Brickell, Hialeah, Aventura, Homestead, Fort Lauderdale, Hollywood, Coral Springs, Pembroke Pines, Miramar, Boca Raton, West Palm Beach, and other areas.

We handle a wide range of personal injury cases in Miami-Dade County including medical malpractice, car accidents, truck accidents, motorcycle accidents, wrongful death, birth injuries, furniture injuries, drowning accidents, and more. Our firm also handles personal injury cases in Broward County including car accidents, trucking accidents, wrongful death, and other incidents that lead to serious injuries.

If you’ve been injured in a pedestrian accident in Aventura, Florida, don’t wait to seek legal help. Contact Flanagan & Bodenheimer at 305-638-4143 today to schedule a free consultation with one of our experienced pedestrian accident lawyers. We’ll listen to your story, evaluate your case, and help you understand your rights and options for pursuing compensation. 

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