Cape Coral Pedestrian Accident Attorneys 

Fighting For Pedestrian Accident Victims in Florida

More than 5,000 pedestrians were killed by cars and other vehicles in 2015, according to the Centers for Disease Control and Prevention. Another 129,000 pedestrians were given emergency treatment for non-fatal injuries.

If you or a loved one were struck by a car while walking on the sidewalk or crosswalk, you may be able to file a personal injury claim. At Lusk, Drasites & Tolisano, our pedestrian accident lawyers in Cape Coral can help you get the compensation you need for medical bills, lost wages, and other damages.

Call Lusk, Drasites & Tolisano today at (239) 908-4930 or contact us online to schedule a consultation with our pedestrian accident lawyer in Cape Coral.

Common Causes of Pedestrian Accidents

Unfortunately, there will always be drivers that don't pay enough attention to the road and pedestrians. Many pedestrian accidents happen because the driver was distracted by texting, talking on the phone, eating, fiddling with the radio, or other activities. Many people don't realize how far their cars can travel in the few seconds they take their eyes off the road.

Pedestrian accidents can also be caused by driving under the influence of drugs or alcohol, speeding, not obeying traffic signals and signs, not slowing down for weather conditions, or not yielding to pedestrians at crosswalks. A pedestrian accident attorney in Cape Coral can help prove the driver who caused the accident was negligent.

How to Prove Negligence in Pedestrian Accident Cases

Florida law requires drivers to operate vehicles with reasonable care. When a driver violates this duty of care and injures a pedestrian, they become liable for damages. To move forward with a personal injury case, our pedestrian accident attorney can help you prove that the driver owed you a duty of care. We'll then establish that this duty was breached and caused injuries and quantifiable damages.

Even if you are partially at fault for a pedestrian accident, you shouldn't drop your personal injury claim. While you may have been partially at fault, we may find that the driver had been speeding or texting. In this situation, the blame would be shared and you would receive compensation accordingly.

Filing a Wrongful Death Claim

The specific amount of damages that can be received will depend on the nature and extent of the loss. The court will examine a number of factors, such as whether the decedent was the primary wage earner, the amount of the decedent's earnings at the time he or she died, and the decedent's assets.

Surviving family members often seek compensation for funeral and burial expenses, loss of income and benefits, loss of companionship, medical expenses prior to the death, and conscious pain and suffering before death.

What is the Statute of Limitations for Pedestrian Accident Claims in Florida?

In Florida, both personal injury and wrongful death claims are governed by a two-year statute of limitations. This means that individuals must file a lawsuit within two years from the date of the accident or the date of death, respectively, to preserve their right to seek compensation. If the lawsuit is not filed within this period, the case may be dismissed, and the opportunity to pursue a claim is lost.

​Frequently Asked Questions

What Should I Do Immediately After a Pedestrian Accident?

Immediate steps after a pedestrian accident include seeking medical attention and contacting law enforcement to report the incident. Obtain contact information from witnesses and document the scene with photographs if possible. Avoid discussing fault or making statements to insurers without legal guidance. Consulting a pedestrian accident attorney in Cape Coral promptly can protect your rights and ensure essential evidence is preserved.

How Does Florida's No-Fault Insurance Affect Pedestrian Accidents?

Florida's no-fault insurance laws mean that individuals typically seek compensation from their own insurance policies first, regardless of who was at fault. This can apply to medical expenses incurred from a pedestrian accident. Understanding this framework is crucial, as there might be different steps for significant injuries where fault needs to be established for additional claims through the other party's insurance.

What Compensation Can I Seek After a Pedestrian Accident?

Compensation for pedestrian accidents can include medical expenses, lost wages, and pain and suffering. Depending on the severity of the injuries and the circumstances, other damages might cover rehabilitation costs, long-term care, and changes to lifestyle quality. An attorney can help identify potential avenues for compensation, providing a clearer understanding of your options.

Why Choose a Local Pedestrian Accident Lawyer in Cape Coral?

Engaging a local attorney offers several advantages, including familiarity with Cape Coral traffic laws and local judicial procedures. Local lawyers are also better acquainted with common accident sites and understand the nuances of area-specific traffic patterns, which can be crucial in building a strong argument for your case. Their community involvement often leads to more personalized and dedicated advocacy.

How Can I Protect My Rights as a Pedestrian in Cape Coral?

Protect your rights by being aware of local pedestrian laws and practicing road safety. Always stay alert, use designated crosswalks, and follow all pedestrian signals. In case of an accident, document as much information as possible and refrain from speaking to insurance companies without legal advice. An experienced attorney in Cape Coral can help guide you through the process, ensuring your rights are adequately defended.

Contact Our Pedestrian Accident Lawyer in Cape Coral Today

Our Cape Coral pedestrian accident attorneys can help you win the compensation you need for medical bills, lost wages, lost earning potential, wrongful death, and other damages.

To request your free legal consultation with one of our Florida pedestrian accident attorneys, call Lusk, Drasites & Tolisano PA toll-free at (239) 908-4930.