Melbourne Pedestrian Accident Lawyer
The Melbourne pedestrian accident lawyer team at Platt, Cole, Russell & Simpson PLLC represents accident victims and their family members across Central Florida, with decades of combined experience in insurance negotiations and taking cases to Brevard County courts to secure maximum compensation on behalf of clients.
Florida remains the most dangerous state for pedestrians, and our pedestrian accident attorneys in Melbourne, FL, are well-equipped to navigate the complexities and ensure that negligent drivers are held responsible under Florida law. If you or your child were hurt or a loved one was killed, a personal injury attorney from our pedestrian accident law firm in Brevard County can build a strong case on your behalf to seek justice and maximize settlements.
We work on a contingency fee basis, so you owe no legal fees unless we win your case. At Platt, Cole, Russell & Simpson PLLC, we fight for your safety and long-term recovery, while you focus on healing. Preserving evidence is crucial, so we urge victims to contact us today or as soon as possible to determine the severity of the case.
Schedule your free consultation today by calling 321-725-3425 or using our contact form.
Why You Need a Pedestrian Accident Attorney in Melbourne, FL
Navigating the aftermath of an accident under state law involves legal complexities that pedestrian accident victims are unprepared to handle alone. A Melbourne, FL, pedestrian accident lawyer from our law firm provides skilled legal guidance when victims are harmed on Florida roads and face issues like shared fault scenarios or unclear liability.
State law allows insurance companies to reduce compensation if the plaintiff is found partially at fault. This makes skilled legal services critical for proving liability and protecting clients’ legal rights.
Moving forward with the help of a personal injury attorney means knowledgeable legal support through every step.
Common Locations for Pedestrian Accidents in Brevard County
Our Melbourne pedestrian accident lawyers handle cases resulting from injuries and deaths in the following areas:
- US Highway 1
- Downtown Melbourne Crosswalks
- Melbourne Beach Boardwalk and A1A
- Wickham Road and Babcock Street
- Florida Institute of Technology Campus Areas
Do Pedestrians Have the Right-of-Way in Florida?
Pedestrians have the right-of-way in areas where they can cross the street legally or in situations where they are close enough to cars to be at risk, under Florida law.
However, this legal right doesn’t apply to all situations. Those walking near roads must obey traffic laws, wait for the opportunity to cross safely outside of marked areas, and are prohibited from suddenly walking in front of a vehicle, especially when it’s too late for the driver to stop. State law also prohibits them from crossing an intersection diagonally unless authorized by posted signs.
Florida Pedestrian Traffic Laws
- Fla. Stat. § 316.130: Drivers must yield in marked crosswalks and at intersections with signals. Pedestrians must follow traffic signals and use crosswalks where available. Jaywalking may reduce recovery, but it does not automatically bar a personal injury claim.
- Fla. Stat. § 316.0755: School zones must have specific signs and signals.
Florida Driver Duties When Pedestrians Are Present (Due Care Standard)
Under Florida law, drivers have a duty of due care to avoid hitting anyone near or on the streets. In addition to the Florida laws presented earlier, this includes:
- Honking the horn when necessary.
- Exercising proper caution when observing children, confused or incapacitated individuals walking rear or on the road.
This duty applies even in jaywalking scenarios. When the person driving doesn’t meet this due care standard, it may support a personal injury claim against them. A Melbourne pedestrian accident attorney can help accident victims determine liability and seek compensation from the insurance company of the responsible party.
Florida Statute of Limitations for Pedestrian Accident Lawsuits
In Florida, the statute of limitations for pedestrian accident claims is typically:
- Pedestrian injury claims based on negligence: four years from the date
- Pedestrian death claims: two years from the date of death
- Claims against government entities: three years from the date, with a required written notice and a 180-day waiting period under Florida Statutes § 768.28.
In certain pedestrian accident cases, tolling exceptions may apply for minors, mental incapacity, or fraudulent concealment. Otherwise, failing to file a personal injury lawsuit within this timeframe generally bars the ability to recover compensation. Contact our law firm to see how a Melbourne pedestrian accident lawyer can help.
Common Causes of Pedestrian Accidents in Brevard County
Many pedestrian accident cases arise from drivers:
- not stopping for those walking across the street on crosswalks
- speeding
- texting, using the phone, or otherwise being distracted
- using alcohol or drugs behind the wheel
- taking unsafe turns, and
- reversing without checking behind them.
Additionally, pedestrians crossing intersections diagonally or jaywalking are also frequent causes of pedestrian accidents in Brevard County. Our law firm has decades of combined experience navigating the complexities of cases involving alcohol and pedestrian accidents in Melbourne, FL.
If you were struck, seek medical attention immediately and then contact a Melbourne pedestrian accident lawyer as soon as possible to take legal action.
Common Types of Melbourne Pedestrian Accident Cases
Pedestrian Hit at Intersection or Crosswalk
Our Melbourne pedestrian accident lawyer team frequently represents clients who are hit while crossing the street at intersections, especially along high-risk corridors such as Wickham Road or Babcock Street. We act quickly to preserve critical evidence and build strong claims. Our pedestrian injury lawyers can help by investigating the accident scene, collecting witness statements, and reviewing traffic citations to prove the driver’s failure to yield under Florida law. Our team knows how Brevard County courts handle these cases and works to secure full compensation for medical bills, lost income, and long-term trauma caused by negligent drivers.
Pedestrian Struck Crossing US-1 or AIA Without Traffic Signal
When someone is struck crossing U.S. 1 or A1A without a signal, this often results in shared fault scenarios and disputes over right-of-way. Our Melbourne, FL, pedestrian accident lawyers understand how these Brevard County areas pose extreme risks for those on foot. We gather cell phone records, interview witnesses, and review car accident reports to prove the driver’s negligence and challenge any attempt to shift blame. Using our experience in Brevard County courts, we seek maximum compensation for medical bills, lost income, and other compensatory damages under Florida law.
Pedestrian Accidents in Parking Lots and Shopping Centers
Pedestrian accidents happen when drivers cut across parking lots, don’t look behind them, or otherwise don’t stop for those on foot. Victims may suffer serious injuries despite the lower speeds, and it is important to document the accident scene thoroughly and seek medical attention promptly. A Melbourne pedestrian accident lawyer can help you understand your legal options and seek fair compensation, including damages for medical bills, rehabilitation, and lost income.
School Zone Pedestrian Accidents Involving Children
When pedestrian accidents occur in these zones, the injuries are often catastrophic. A Melbourne pedestrian accident lawyer can provide skilled legal guidance to protect the rights of injured children and their parents, helping to secure the compensation needed for medical treatment and the child’s recovery.
Speeding-Related Pedestrian Accidents Near Residential Areas
Speeding significantly increases the risk of injuries in Brevard County because of the higher impact forces. Those who speed have less time to react to someone on or near the street. If you were harmed or a family member was killed in a pedestrian accident in Brevard County, it is crucial to seek immediate medical attention and consult a Melbourne pedestrian accident lawyer who can help you explore your legal options and obtain fair compensation.
Pedestrian Hit Walking Along Road Without Sidewalk
Pedestrians walking along roads without sidewalks in Brevard County are especially vulnerable to being struck by inattentive or speeding drivers. Under Florida law, pedestrians must walk on the shoulder facing traffic when no sidewalk is available, but drivers still have a duty to avoid collisions. Our Melbourne, FL, pedestrian accident lawyers can analyze the accident scene, review traffic citations, and prove negligence to recover compensation in Brevard County courts.
Drunk Driver Hit Pedestrian Cases
When a drunk driver hits a pedestrian in Melbourne, the consequences are often severe and legally complex. Victims have the right to file a drunk driver lawsuit in Brevard County, seeking compensation for medical costs, lost income, and other damages. Our pedestrian accident lawyers in Melbourne, Florida, use police reports, BAC results, and other evidence to prove negligence and secure full damages under Florida law.
Tourist-Related Pedestrian Accident
Tourist-related pedestrian accidents happen frequently, especially when an out-of-state tourist causes an accident in Brevard County due to unfamiliarity with Florida roads. Additionally, if you were injured on vacation in Brevard County, it’s important to understand when and how to take legal action.
Our Melbourne pedestrian accident attorneys are ready to help both in-state and out-of-state clients.
Brevard County Pedestrian Hit By Car: Insurance Claim Options
Does My Auto Insurance Cover Me As a Pedestrian?
Yes, your auto insurance company can cover you under Florida’s no-fault system. If you’re hit by a motor vehicle while walking, your Personal Injury Protection (PIP) will typically pay for your medical expenses and a portion of lost wages, up to $10,000, regardless of who caused the accident. If you have Medical Payments (MedPay), it can supplement costs not provided by PIP coverage. This applies even if you were not in your car at the time of the injury.
Medpay and PIP Coverage
Personal Injury Protection (PIP) is mandatory in Florida and provides up to $10,000 for medical expenses and lost wages, regardless of fault. Medical Payments (MedPay) is optional but helps pay medical bills not covered by PIP. Both can apply if you’re injured in a pedestrian accident, even if you weren’t driving at the time.
Uninsured Motorist Coverage: Stacked vs Unstacked
Stacked uninsured motorist (UM) protection allows a person injured in a pedestrian accident to combine the UM limits from multiple insured vehicles, increasing the total compensation available after a traffic accident. Unstacked UM only allows recovery from one vehicle’s policy limit, which can leave those hurt with fewer resources if the at-fault driver is uninsured or underinsured.
Pedestrian Hit-and-Run Insurance Claim (Driver Hits Pedestrian and Leaves The Accident Scene)
If a pedestrian is struck in the roadway in Brevard County and the person driving leaves the accident scene, the victim can file a claim through their own uninsured motorist (UM) coverage if the at-fault driver cannot be identified. Florida law treats unknown drivers the same as uninsured drivers, allowing those hurt to pursue compensation for medical expenses, lost wages, and other damages through their own auto insurance policy.
What Happens If a Pedestrian Causes an Accident or Is Partially At-Fault Under Florida Law?
Florida law follows a modified comparative negligence system. A pedestrian who was jaywalking can still sue, but their compensation will be reduced by their percentage of fault. If the plaintiff is found more than 50% at fault, they cannot recover damages. Our Melbourne pedestrian accident attorneys have extensive experience handling shared fault pedestrian accident claims in Brevard County. Contact us today to see how we can assist in your claim.
What Type of Insurance Is Needed For Injuring a Pedestrian in a Crosswalk While Driving?
Drivers who strike a pedestrian in a crosswalk may rely on their bodily injury liability insurance company to pay for the other party’s medical expenses, lost income, and other damages. Florida law does not require this, but if it exists, it helps compensate the victim. If the driver lacks adequate bodily or property damage liability coverage, the victim may need to seek recovery through their own uninsured or underinsured motorist policy.
How a Melbourne Pedestrian Accident Claim Lawyer Helps Recover Compensation
A Melbourne pedestrian accident claim lawyer can help injured individuals recover compensation by handling every part of the insurance process. This includes identifying all applicable policies, notifying each insurer, and submitting timely claims to the correct insurance companies.
When an insurance company attempts to deny, delay, or undervalue a legitimate claim, our personal injury attorneys negotiate directly with adjusters and, if necessary, file a lawsuit to secure full financial compensation. Whether dealing with the at-fault driver’s insurance company or the victim’s own insurance company, hiring an experienced pedestrian injury attorney in Melbourne, FL, ensures all damages are documented and that no insurer avoids financial responsibility.
Melbourne Pedestrian Injury Cases
Our Melbourne pedestrian accident lawyers play a crucial role in injury cases by guiding clients through each step of the claims process. We gather crucial evidence, like motor vehicle accident reports, witness statements, and medical records. From here, our Melbourne pedestrian injury lawyers work diligently to prove negligence, conduct negotiations, and tirelessly advocate for fair compensation to cover medical treatment, lost income, pain and suffering, and other damages.
Hiring a dedicated team of pedestrian injury attorneys ensures your legal rights are protected and increases the chances of a successful outcome in your case.
Melbourne Pedestrian Wrongful Death Cases
For wrongful death cases resulting from pedestrian accidents in Brevard County, our Melbourne fatal pedestrian accident lawyers play a crucial role in helping family members navigate the legal process during such a difficult time.
Our Melbourne pedestrian accident attorneys investigate the circumstances, collect evidence, such as police reports and witness statements, and build strong cases to prove negligence. We assist in pursuing compensatory damages to cover medical bills, funeral costs, lost income, and the emotional trauma suffered by loved ones. By negotiating with insurers and representing family members in Brevard County court if necessary, our attorneys work to ensure that families receive the justice and financial support they deserve.
Contact a Melbourne Pedestrian Accident Attorney From Our Law Firm For a Free Consultation
Pedestrian accidents on Florida roads can leave victims with lasting trauma, steep medical costs, and overwhelming legal challenges. The Melbourne pedestrian accident attorneys at Platt, Cole, Russell & Simpson PLLC fight to hold negligent parties responsible and work to maximize compensation.
Call 321-725-3425 or use our contact form to schedule a free consultation today.