Stuart Pedestrian Accident Lawyer

Pedestrian accidents

Florida’s year-round sunshine and beautiful weather draw many visitors and residents alike outside throughout the year. While it is important for people to enjoy healthy outdoor activities and exercise, being outside also increases the risks of accidents for people who are walking, jogging and shopping outdoors. Each year in Stuart,  a number of pedestrians are seriously injured or killed in accidents involving motor vehicles. If you or your loved one has been involved in a pedestrian accident with a motorist, contact our personal injury attorneys in Stuart for help and to learn about your rights.

Negligence in pedestrian accidents

Most pedestrian accident claims in Florida are brought under a theory of negligence. Negligence involves a failure to use the type of care that a reasonably prudent, similarly situated person in a similar circumstance would use. In order to prove that negligence occurred, you must be able to show four different elements, including that there was a duty, that the duty was breached, that the breach caused the injury accident and that you suffered harm as a result.

All drivers owe a duty to exercise reasonable care and caution while they drive. This duty may be breached in any number of ways, including reckless driving, inattentive or distracted driving, texting, speeding, impaired driving and others. Many pedestrian accidents in Florida happen in crosswalks when drivers fail to slow or to notice pedestrians who are crossing the roadways in them. When the duty of care is breached by a motorist and that breach directly causes the resulting accident, the damages that might be recoverable are the economic and noneconomic losses that the pedestrian suffered as a result of the breach and ensuing collision. The Eberst Law Firm, P.A. understands the elements of negligence and the type of evidence that is needed in order to prove all of the required elements in their clients’ cases.

Additionally, it is important to thoroughly investigate a claim and prove the driver’s liability in cases in which the drivers are disputing liability. It is common for defense attorneys to try to claim that the pedestrians were at fault in their own accidents rather than the drivers. The pedestrian accident attorneys at The Eberst Law Firm, P.A. are familiar with the most common defense arguments and strategies that are used and work to anticipate the potential issues that might be raised.

Recovering damages

Pedestrians are much likelier to suffer serious and permanent injuries when they are struck by motor vehicles. They may suffer fractures, permanent scarring, spinal cord injuries, loss of limbs and deaths. The damages that may be available will depend on the circumstances of an individual case and the severity of the losses and injuries. In general, damages may include the following:

• Past and future medical expenses
• Lost earnings
• Reduction in the capacity to earn a living
• Permanent disfigurement damages
• Pain and suffering
• Loss of the ability to enjoy life

The spouses of accident victims may also be able to recover damages for the losses of the consortium that they have suffered. Your experienced attorneys at The Eberst Law Firm, P.A. will fight aggressively on your behalf to recover the damages that you deserve so that you can be fairly compensated for the losses that you have suffered because of your accident.

What to Do Following a Pedestrian Accident

As of November 2024, there have been over 49 pedestrian accidents, with 40 injuries and three fatalities in Stuart, Florida. If you find yourself involved in a pedestrian accident, the steps you take afterward are essential for your physical well-being and potential claims. The following are actions you should take following such an incident:

Get Medical Attention

Your health should be your priority. Even if you don’t believe you’ve been seriously injured, symptoms of certain medical conditions may not appear immediately. It’s essential to get a professional evaluation to rule out hidden injuries and to have a documented medical record from the start.

Report the Accident

Contact the police right away. Having law enforcement at the scene will ensure that an official report is made, which is vital for insurance claims and any legal actions. This report often serves as a key piece of evidence detailing the accident’s circumstances.

Gather Information

If you’re able to do so safely, collect the contact and insurance information from all parties involved in the accident. Also, try to get the names and contact details of any witnesses. Their accounts may prove invaluable later on.

Document the Scene

Take visual footage of the accident scene, including vehicle positions, traffic signs, and road conditions. These visual aids can provide crucial context for your claims and help establish what happened.

Avoid Negotiating or Admitting Fault

Be careful not to discuss fault or negotiate directly with drivers or insurance representatives at the scene. Statements made in the heat of the moment can be used against you later in the legal process.

Consult with a legal professional at Eberst Law who has focused knowledge of pedestrian accidents in Stuart, FL. Our legal team will provide advice tailored to your legal situation, protect your rights, and guide you through any challenges that may arise during the legal process.

Overview of the Pedestrian Accident Legal Process

If you were injured due to the unlawful actions of another motorist, you have the right to seek legal recourse for damages. The following is a general overview of what to expect if you decide to pursue legal action after a Stuart, FL pedestrian accident:

• Initial Consultation: During this meeting, you’ll discuss the details of the incident, your injuries, and any evidence you have collected. The Eberst attorney will evaluate the strength of your case and advise you on the best course of action.
• Investigation and Evidence Gathering: If you decide to move forward, we will begin to investigate the incident and collect more evidence. This may include obtaining police reports, surveillance footage, witness statements, and medical records. Your lawyer may work with reconstruction experts to build a strong foundation for your claim.
• Filing an Insurance Claim: Most pedestrian accident claims begin with filing a claim against the opposing party’s insurance company. We handle the negotiations with the insurer, aiming to obtain a just settlement that covers your medical expenses and other damages.
• Filing a Lawsuit: If negotiations with the insurance company fail or if the offered settlement is insufficient, the next step may be to file a civil lawsuit. Your attorney will prepare legal documents to formally start the litigation process.
• Discovery Phase: During discovery, both sides exchange information and evidence related to the case. This phase may involve written questions (interrogatories), document requests, and depositions (testimony given under oath).
• Mediation and Negotiation: Often, cases are settled out of court during mediation. Here, a neutral third party helps both sides negotiate a settlement. Mediation may be quicker and less expensive than a trial.
• Trial: If a settlement is not reached, the case will go to trial. During this, both sides present evidence and arguments in front of a judge or jury. This process may be lengthy and complex.
• Verdict and Settlement: The trial resolves with a verdict, where the judge or jury decides the outcome and determines the compensation amount. If you win the case, the defendant is ordered to pay the compensation decided upon.
• Appeals Process: If either party is dissatisfied with the outcome, they may appeal the decision. An appeal can extend the legal process for additional months or even years.

Each pedestrian accident case in Stuart, FL is unique, so the legal process may vary based on the specifics of the case, the parties involved, and the jurisdiction. Having one of our skilled attorneys by your side significantly influences the process and the outcome, ensuring your rights are protected, and you know the best possible path to obtaining the compensation you deserve.

How the Lawyers of Eberst Law Can Help Your Case

At Eberst Law, our team of skilled lawyers will help you navigate the legal process with precision and dedication. We know the financial and emotional toll this type of accident can take on your daily life. We provide comprehensive support so you can focus on healing and moving forward, including the following:

• Personalized Legal Strategy: Every case is different, and so should its strategy. Our attorneys invest time in understanding the specifics of your situation and crafting a legal approach tailored to your personal objectives and the nuances of your case.
• Experienced Negotiation: Many legal disputes are settled outside of court. Our lawyers are seasoned negotiators who aim to achieve a favorable settlement that aligns with your best interests, saving you time and the stress of a trial.
• Comprehensive Litigation Support: If your case goes to court, you need robust representation. Our team is experienced in litigation, armed with an in-depth understanding of the law and a commitment to advocating passionately on your behalf.
• Access to Resources: From expert witnesses to cutting-edge technology, we provide access to top-tier resources that strengthen your case and improve your chances of a successful outcome.
• Continuous Communication: We believe that communication is key to a successful attorney-client relationship. Our lawyers keep you informed, ensuring you are up to speed about the progress of your case.

We are committed to providing timely support and clear communication to ensure you are never out of the loop regarding your pedestrian accident case. We know that every second counts, so strive to handle your concerns swiftly and efficiently, valuing your time as much as you do.

Contact an Experienced Stuart Pedestrian Accident Lawyer

If you have suffered injuries or your loved one has died as a result of being struck by a car, you may need legal help. An experienced Stuart pedestrian accident lawyer at The Eberst Law Firm, P.A. will advocate on your behalf in an effort to recover the maximum amount of damages for you. Contact us here or give us a call at 772-225-4900 today to learn more about the rights that you might have in your case.