How to Hire a Pedestrian Accident Attorney in 3 Simple Steps

pedestrian accident attorney
Thomas W. Carey Personal Injury

Pedestrian Accident Attorney: 3 Crucial Steps

A pedestrian accident attorney helps victims struck by vehicles. They specialize in navigating Florida’s complex insurance laws and securing the compensation you need to recover.

Key Services:

  • Steer Florida’s no-fault insurance laws
  • Handle Personal Injury Protection (PIP) claims
  • Pursue additional compensation beyond insurance limits
  • Investigate accident causes and gather evidence
  • Negotiate with insurance companies
  • Represent you in court if necessary

When You Need One:

  • Serious injuries requiring extensive medical treatment
  • Disputes over fault or insurance coverage
  • Hit-and-run accidents
  • Cases involving uninsured drivers

Being hit by a car is devastating. Pedestrian accidents are among the most serious traffic incidents, with one fatality occurring roughly every 75 minutes nationwide. The consequences extend beyond physical injuries to include mounting medical bills, lost wages, and the stress of a complex legal process.

Florida’s no-fault insurance system adds another layer of complexity that is difficult to steer alone. Insurance companies often try to minimize payouts, especially in severe pedestrian injury cases. The right legal advocate can mean the difference between a minimal settlement and one that provides for your long-term financial security.

As a board-certified civil trial lawyer who has guided over 40,000 injury matters across Florida, I’ve seen how a skilled pedestrian accident attorney can transform a victim’s recovery. My experience securing multi-million-dollar results shows that early, expert intervention is crucial for protecting your rights and maximizing your compensation.

Infographic explaining the 5 immediate steps to take after being hit by a car: 1) Call 911 and seek immediate medical attention even if injuries seem minor, 2) Report the accident to police and get a copy of the police report, 3) Document the scene with photos of injuries, vehicles, and road conditions, 4) Collect contact information from witnesses and the driver, 5) Contact a board-certified pedestrian accident attorney before speaking with insurance companies - pedestrian accident attorney infographic

Understanding Your Rights and Needs After an Accident

When a car strikes a pedestrian, life changes instantly. You’re left facing medical bills, lost income, and difficult questions. Understanding your rights is the first step toward getting back on track.

Common Injuries in Pedestrian Accidents

Without the protection of a vehicle, pedestrians absorb the full force of impact, leading to severe and life-altering injuries.

  • Head and brain injuries: A traumatic brain injury can cause lasting cognitive, emotional, and behavioral changes. Our team has extensive experience with Car Accidents and Traumatic Brain Injuries, understanding these invisible injuries can be the most devastating.
  • Spinal cord damage: Impact can bruise or sever nerves, leading to partial or complete paralysis.
  • Broken bones and fractures: Legs, arms, and the pelvis often bear the brunt, requiring surgeries and extensive physical therapy.
  • Internal injuries: The force can damage organs, causing internal bleeding that requires emergency surgery.
  • Amputations: Sometimes limbs are too damaged to be saved.
  • Psychological trauma: Many victims suffer from PTSD, anxiety, and depression, which deserve compensation just as physical wounds do.

According to Statistics from the CDC on pedestrian safety, over 130,000 people sought emergency treatment for pedestrian accident injuries in 2020. Even a low-speed impact can cause serious harm.

person in a physical therapy session for a leg injury - pedestrian accident attorney

Florida’s no-fault system is designed for immediate help, but it’s often just the start of what you’re owed.

Personal Injury Protection (PIP) is your first source of benefits. It typically comes from the driver’s insurance and covers 80% of medical bills and 60% of lost wages, up to $10,000. You may also be able to use your own auto policy’s PIP benefits.

However, $10,000 is rarely enough for serious injuries. When your injuries are permanent or damages exceed PIP limits, you can file a lawsuit against the at-fault driver. This is where a skilled pedestrian accident attorney is essential to recover full compensation for:

  • Medical expenses: Both past and future costs for your treatment.
  • Lost wages: This includes missed paychecks and compensation for lost earning capacity if you can’t return to your old job.
  • Pain and suffering: This addresses the physical agony and emotional distress caused by the accident. It often represents the largest part of a settlement in severe cases.

Insurance companies are not known for their generosity. Having an experienced legal advocate is essential for protecting your rights and securing the compensation you need to rebuild your life.

Step 1: Document Everything and Protect Your Claim

The moments after a pedestrian accident are confusing and painful. While your health is the top priority, the steps you take can significantly impact your ability to get fair compensation.

Immediately After the Accident

Get medical help right away. Adrenaline can mask serious injuries like concussions or internal bleeding. Seeking immediate care creates a medical record that links your injuries to the accident, which is vital for your claim. Insurance companies often use gaps in treatment to deny claims. For more guidance, see our resource on What to Do After a Car Accident Florida.

Call 911. A police report is an official record of the incident, containing key details and an initial assessment of fault. Stick to the facts when speaking with the police and avoid admitting fault or speculating.

Gather evidence if you can. The scene changes quickly. Use your phone to photograph your injuries, the vehicle (including the license plate), and the surrounding area (road conditions, traffic signals, skid marks).

smartphone taking a photo of a license plate at an accident scene - pedestrian accident attorney

Get witness and driver information. Ask witnesses for their names and contact details. Exchange name, phone number, and insurance information with the driver, but keep the conversation brief and avoid discussing fault.

Documentation for Your Lawyer

Organized documentation strengthens your case. A pedestrian accident attorney will need the following to fight for you:

  • Police Report: Get a copy as soon as it’s available.
  • Medical Records: Keep everything, including ambulance reports, ER records, doctor’s notes, therapy records, and all bills. These document your injuries and recovery.
  • Insurance Information: Collect details from the at-fault driver’s policy and your own auto or health insurance policies.
  • Scene Evidence: Preserve all photos, videos, and witness contact information you collected.
  • A Personal Journal: Document your daily pain levels, emotional state, and activities you can no longer perform. This provides powerful evidence of the accident’s impact on your life.
  • Proof of Lost Income: Gather pay stubs or a letter from your employer confirming missed work time.
  • All Correspondence: Save any emails, letters, or notes from calls with insurance companies or other involved parties.

The sooner you contact an experienced pedestrian accident attorney, the sooner they can take over this burden, allowing you to focus on healing.

Step 2: Find and Vet a Qualified Pedestrian Accident Attorney

Choosing the right legal advocate is one of the most critical decisions you’ll make. You need a pedestrian accident attorney with the specific skills to handle the complexities of your case and fight for the compensation you deserve.

What to Look for in a Top Pedestrian Accident Attorney

  • Board-Certification in Civil Trial Law: This is a rare and vital credential. Less than 2% of Florida attorneys are board-certified, proving their expertise in trial law. Insurance companies take these attorneys more seriously, which can lead to better settlement offers.
  • Verifiable Case Results: A history of securing significant settlements and verdicts in pedestrian accident cases demonstrates proven expertise.
  • Focus on Personal Injury: A specialized attorney understands the medical nuances, knows the best expert witnesses, and stays current on relevant laws.
  • Direct Attorney Access: You should work directly with the experienced lawyer handling your case, not just their support staff.
  • Positive Client Reviews: Testimonials offer insight into an attorney’s communication, compassion, and ability to get results.

Key Questions to Ask Your Potential Pedestrian Accident Attorney

Use your initial consultation to interview potential attorneys and make an informed choice.

  • What is your experience with pedestrian cases like mine? A lawyer who primarily handles minor car accidents may not grasp the complexities of a traumatic brain injury claim.
  • What is your trial record? Insurance companies offer higher settlements when they know your attorney is prepared and able to win in court.
  • What is your communication policy? Ask how often you’ll receive updates and if you’ll have direct contact information. Clear communication reduces stress.
  • How do you value a case? A skilled attorney should explain how they calculate damages, including medical costs, lost wages, and pain and suffering.
  • What is your fee structure? Most personal injury attorneys work on a contingency basis (no fee unless you win), but you should clarify the percentage and any other potential costs.

The right pedestrian accident attorney is your partner and advocate. This partnership is essential, which is why understanding Why You Need a Personal Injury Lawyer is so important. Taking the time to find the right fit can secure your financial future.

Step 3: Partner with Your Attorney and Focus on Recovery

Once you’ve chosen your pedestrian accident attorney, you can formalize the partnership and shift your focus from legal worries to your recovery.

Making It Official

Signing the retainer agreement officially begins our professional relationship. It outlines our contingency fee arrangement, meaning you pay no attorney fees unless we win your case. From that moment on, we become your shield. All communication from insurance companies comes to us, and we handle all the paperwork and legal complexities.

Our team immediately begins a thorough investigation, collecting police reports, witness statements, and camera footage. We gather your medical records to calculate both current and future expenses, building a strong case to secure every dollar you’re owed.

Your Most Important Job: Healing

While we build your legal case, your job is to focus on recovery. This is critical for both your health and your claim.

Consistent medical treatment is essential. It ensures you get the care you need and creates a clear record linking your injuries to the accident. Insurance companies exploit gaps in treatment to argue that injuries aren’t serious. Attend all appointments and follow your doctor’s advice.

If you need help finding qualified specialists, we can connect you with trusted professionals who understand accident-related injuries.

person speaking calmly with their lawyer in a comfortable office setting - pedestrian accident attorney

What Makes Our Partnership Different

As Your Personal Injury Accident Attorney, we guarantee direct attorney access. We are transparent, supportive, and aggressive in fighting for your rights. Our goal is simple: to get you the compensation you need so you can concentrate on rebuilding your life.

You’ve been through enough. Let us carry the legal burden so you can focus on getting better.

Frequently Asked Questions About Pedestrian Accident Claims

After a pedestrian accident, it’s normal to have questions about your future. As your pedestrian accident attorney, we’re here to provide clear answers.

What if I was partially at fault for the accident in Florida?

Even if you were partially at fault, you can still recover compensation. Florida uses a “modified comparative negligence” rule. Your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault for a $100,000 settlement, you would receive $80,000. However, if you are found 51% or more at fault, you cannot recover damages.

Don’t assume you’re to blame for “jaywalking.” Drivers have a high duty of care to watch for pedestrians. Our job is to investigate and minimize any fault attributed to you, maximizing your compensation.

What happens in a hit-and-run or if the driver is uninsured?

If the driver fled or is uninsured, you still have options. Your own Uninsured/Underinsured Motorist (UM) coverage can act as a safety net, even though you weren’t driving. This coverage steps in to pay for your injuries when the at-fault driver can’t be found or lacks sufficient insurance.

We also work with law enforcement to track down hit-and-run drivers using surveillance footage and witness statements. According to Information from the NHTSA on road safety, thousands of pedestrians are killed each year, highlighting the need for multiple avenues of recovery.

Acting quickly is key, as UM claims have strict deadlines and evidence can disappear.

How much compensation can I get from a pedestrian accident settlement?

There is no simple answer, as every case is unique. The settlement value depends on several factors:

  • Injury Severity: A traumatic brain injury requiring lifelong care will result in a much higher settlement than a broken bone that heals completely.
  • Economic Damages: This includes all past and future medical expenses, as well as lost wages and diminished earning capacity if you cannot return to your previous job.
  • Non-Economic Damages: This is compensation for your pain and suffering, emotional trauma, and loss of enjoyment of life.
  • Insurance Policy Limits: The available compensation is often capped by the at-fault driver’s insurance policy and your own UM coverage.

Our job is to evaluate every way the accident has affected your life and fight for a settlement that reflects your total losses. For more on this, see our guide on How to Get the Most Compensation From a Car Accident Settlement in Florida. An experienced pedestrian accident attorney can prevent insurance companies from undervaluing your claim.

Conclusion

Being struck by a vehicle is a traumatic experience, leaving you with physical, emotional, and financial burdens. You don’t have to face this journey alone.

This guide provides a clear, three-step roadmap to steer the aftermath:

  • Step 1: Document Everything and Protect Your Claim. Immediate medical care and evidence collection are the foundation of a strong case.
  • Step 2: Find and Vet a Qualified Pedestrian Accident Attorney. Choose a Board-Certified Civil Trial specialist who has the proven experience to win.
  • Step 3: Partner with Your Attorney and Focus on Recovery. Let your legal advocate handle the insurance companies and legal complexities so you can focus on healing.

At Carey Leisure Carney, our Board-Certified attorneys have over 100 years of combined experience helping accident victims rebuild their lives. We understand that your case is personal, and we fight for your future, not just a quick settlement.

Your recovery is our top priority. We provide direct attorney access and treat every client like family, standing by you every step of the way. The driver’s insurance exists for this reason—don’t let the insurance company shortchange your future.

Contact our team of board-certified experts for a free, no-obligation consultation about your case. Let us help you take the first step toward justice and getting your life back.