Pedestrian Accident Lawyers in West Palm Beach, FL

Walking along the residential streets of West Palm Beach may be a relaxing and healthy way to spend a weekend afternoon or handle an errand in the area where you live. About half of the households in the city are families, and about 20% of its total residents are under the age of 18. Children are some of the most common victims of pedestrian accidents, but people of any age may be at risk for serious injuries and even a tragic death if they are struck by a careless driver. If you or a family member is in this situation, the knowledgeable West Palm Beach pedestrian accident attorneys at Donaldson & Weston can help you seek compensation.

Pedestrians are particularly vulnerable to hit and run accidents. According to the Florida Highway Safety and Motor Vehicles Department, about one in four pedestrian crashes is a hit and run. Nearly 100 pedestrians were killed by drivers who fled the scene just last year, and many others suffered serious injuries. While any motorist has the potential to be involved in a hit and run accident, some of the most common offenders are young males. Distracted driving, driving under the influence, and speeding may all be contributing factors to hit and run crashes.

Pursuing a Pedestrian Accident Claim in South Florida

Seeking monetary compensation following a pedestrian accident most often takes the form of a negligence case against the responsible driver, or possibly an uninsured motorist claim against the victim’s UM/UIM carrier. The plaintiff must prove four elements in order to prevail in a negligence case: duty, breach of duty, causation, and damages. Each element must be proven by a preponderance of the evidence, and a pedestrian accident lawyer in West Palm Beach can assist you with this process. Damages may include medical costs, lost wages, pain and suffering, and other expenses arising from the accident.

The defendant in a personal injury case also has a right to present evidence regarding their version of how the crash occurred. This may include an allegation that the plaintiff was at fault, either partially or totally, in causing the accident. Florida is a pure comparative fault state, so a successful argument that the plaintiff was at least partially to blame for an accident may reduce the amount of damages ultimately collected by the victim. Unless the plaintiff is found to be 100% at fault, however, they may still obtain a judgment for damages that corresponds to the percentage of fault allocated to a negligent defendant. For instance, if the plaintiff is assessed 20% of the fault in a pedestrian accident case, and the jury finds that the plaintiff’s overall damages are $200,000, the plaintiff may be able to receive $160,000 in damages.

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