Pedestrian Accident Lawyer Delray Beach

Pedestrians are especially vulnerable when drivers fail to follow traffic laws or pay attention to their surroundings. If you were struck by a vehicle while walking in Delray Beach, you may have grounds to seek compensation for your injuries and other losses. Donaldson & Weston provides legal support to individuals hurt in pedestrian accidents and can help you navigate each step of the claims process. Contact a pedestrian accident lawyer at 561-821-3898 to schedule a free consultation today.

How to Pursue a Pedestrian Accident Claim After Being Hit by an Aggressive Driver in Florida

Pedestrian accidents can lead to devastating injuries, especially when caused by aggressive drivers. In Florida, where busy streets and highways are common, accidents involving pedestrians and motor vehicles can occur frequently. The impact of a car or truck hitting a pedestrian can cause serious harm, ranging from broken bones to life-altering spinal injuries or even fatalities. When an accident is caused by an aggressive driver, the situation becomes even more complicated. Aggressive driving behaviors, such as speeding, tailgating, or road rage, can significantly increase the risk of serious accidents.

If you’ve been injured as a pedestrian due to the reckless actions of a driver, it’s crucial to understand how to protect your rights and pursue compensation for your injuries. Filing a pedestrian accident claim can be a complex process, but with the right steps and legal support, you can recover damages for medical bills, lost wages, pain, and suffering. 

Understanding Aggressive Driving and Its Impact on Pedestrian Accidents

Aggressive driving is a dangerous behavior that can include speeding, weaving in and out of traffic, tailgating, or making unsafe lane changes. In Florida, aggressive drivers may also engage in road rage, which can lead to reckless actions like purposely blocking traffic or making aggressive gestures. These actions increase the likelihood of accidents, particularly with vulnerable pedestrians who have little to no protection in the event of a collision.

Pedestrians, by law, have the right of way in certain situations, such as at crosswalks or intersections. However, aggressive drivers may disregard these laws, speeding through crosswalks or ignoring stop signs, leading to pedestrian accidents. If you’re injured by a driver’s aggressive actions, you may be entitled to compensation for your injuries and damages.

Steps to Take After a Pedestrian Accident Caused by an Aggressive Driver

Ensure Your Safety and Seek Medical Attention

Immediately after the accident, the first priority is your safety. Move to a safe location, if possible, and call for emergency help. Even if you don’t feel seriously injured at the moment, it’s important to seek medical attention. Injuries like whiplash, internal bleeding, or head trauma may not be immediately noticeable, but they can have long-term consequences. A doctor will be able to assess your injuries and document them for your claim.

Contact the Police and Document the Accident

It’s essential to report the accident to law enforcement as soon as possible. When police arrive at the scene, they will create a report that includes important details like the location of the accident, witness statements, and the driver’s actions. If the driver was aggressive, the police may issue citations for reckless driving, speeding, or other violations, which can support your case.

While waiting for the police to arrive, try to gather as much evidence as possible. Take photos of the scene, including the position of vehicles, any visible damages, and your injuries. If there are any witnesses nearby, ask for their contact information, as their statements may help strengthen your claim.

Identify the Driver and Gather Information

Make sure to collect the driver’s information, including their name, phone number, driver’s license number, and insurance details. If the driver admits to aggressive driving or road rage, ask them to make a statement about what happened. Be aware that aggressive drivers may try to downplay their actions or refuse to cooperate, so having a police report will be crucial.

File an Insurance Claim

In Florida, drivers are required to carry Personal Injury Protection (PIP) insurance, which covers the driver’s medical expenses, regardless of who is at fault in the accident. However, PIP insurance may not be enough to cover all of your expenses if the accident was caused by an aggressive driver. You can file a claim with the driver’s insurance company to seek compensation for your medical bills, lost wages, and pain and suffering.

If the driver’s aggressive behavior was severe or if you have significant injuries, you may be able to pursue a claim beyond PIP, including filing a personal injury lawsuit against the driver. This will depend on the extent of your injuries and the specific circumstances surrounding the accident.

Proving Aggressive Driving in Your Claim

To successfully pursue a claim for injuries caused by an aggressive driver, you will need to prove that the driver’s actions were negligent or reckless. This can be done by establishing the following elements:

• Duty of care: Drivers have a responsibility to follow traffic laws and drive safely around pedestrians.
• Breach of duty: The driver’s aggressive actions, such as speeding, tailgating, or running a red light, violated their duty of care.
• Causation: The driver’s aggressive driving directly caused the accident and your injuries.
• Damages: You suffered damages, including medical bills, lost wages, and pain and suffering.

Evidence such as witness testimony, traffic camera footage, and the police report can help demonstrate that the driver was acting aggressively. If the driver has a history of aggressive driving or road rage incidents, this information can also be used to support your claim.

Types of Compensation You May Be Entitled To

If you’re successful in your pedestrian accident claim, you may be entitled to various types of compensation:

• Medical expenses: This includes the cost of emergency care, hospital bills, surgeries, rehabilitation, and any future medical treatments.
• Lost wages: If your injuries prevent you from working, you can recover compensation for lost income and earning potential.
• Pain and suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the accident and your injuries.
• Property damage: If any of your personal belongings, such as your phone or clothing, were damaged in the accident, you may be able to recover the cost of replacement or repair.
• Punitive damages: In cases where the driver’s behavior was particularly reckless or egregious, you may be entitled to punitive damages, which are meant to punish the driver and deter future misconduct.

Working with a Personal Injury Attorney After a Pedestrian Accident

Being struck by a vehicle can leave pedestrians with lasting injuries and emotional trauma. When someone else’s carelessness causes that harm, you shouldn’t have to face the consequences alone. Donaldson & Weston helps injured pedestrians in Delray Beach pursue justice and fair compensation. An experienced personal injury attorney can guide you through every step of your claim, from gathering evidence to negotiating with insurers. Call 561-821-3898 for a free consultation and learn how we can help.