If a car hit you while you were a pedestrian, you are likely facing mounting medical bills. Maybe you are currently unable to work due to your injuries. You don’t want to be driven in bankruptcy from this accident. Here, you’ll learn mistakes to avoid when hiring a Miami pedestrian accident attorney in 2019 (and beyond).
You will see when you should get an attorney if you were hit by a car. Moreover, I will explain why you should hire me as your lawyer for a pedestrian accident in Florida. Additionally, you will see how much work goes into maximizing the value of your case. I will fight for your rights. You’ll see our amazing settlements for pedestrians (just like you) after a car hit them.
This includes pedestrian accidents. But do you understand why it is happening?
It’s because Florida has strong third party bad faith laws. Do you know what bad faith laws are?
If you don’t, you should immediately hire a pedestrian accident lawyer. This is because you won’t know when the at fault driver’s insurance company must pay you.
Don’t get too excited by the graph above. Insurance companies fight pedestrian accident cases. They want to earn the biggest profit possible.
Just look back to when Allstate used McKinsey as it consultant. Allstate wanted to know how to be more profitable. Here is what McKinsey recommended to Allstate:
Source: Bloomberg
McKinsey told Allstate that it could wear down customers by delaying settlements and stalling court proceedings. This included pedestrian accident cases.
But don’t panic. There is a silver lining.
Will You Get a Bigger Payout if You Hire a Pedestrian Accident Attorney?
Now, the study does not only to apply to pedestrian accident cases. However, pedestrian accident claims are one type of injury that is included in the study. The study also includes all other types of auto accident cases. For example, it includes claims where only cars are involved, as well as bike accident cases.
Bottom Line:
Make the right choice and hire a pedestrian accident lawyer.
As you will see in this article, I have a solid understanding of when an insurance company has to pay if a car hits you. I know how to put pressure on the insurance company to pay.
In May 2019, Alice was walking in the parking lot of a supermarket in Miami, Florida. A car hit her.
After the accident, she had pain in her ankle. The driver called 911. Police came to the scene. Look at the diagram from the police officer’s crash report:
Actual diagram from the Florida crash report
An ambulance came to the accident scene. Paramedics drove her to the hospital. An x-ray showed that she broke her ankle. Specifically, she had a distal fibula fracture. Here is an image showing the distal fibula:
However, it did not require surgery. She also bruised her face. The pedestrian’s glasses broke after she fell to the ground after getting hit.
Shortly after she was hit by the car, she began her search for pedestrian accident lawyers. She saw some of our settlements for pedestrians who were hit by a car. She got a Free consultation with me on the phone. Shortly thereafter, she hired me.
How did my client benefit by having me as her pedestrian accident lawyer?
Before hiring me, my client thought that Allstate insured the car. The police report had an error and listed Allstate as the driver’s insurance company.
We quickly went to work for Alice. My paralegal, Jenny, called the driver. We learned that Allstate did not insure the driver.
In actuality, Progressive insured the driver’s car.
I sent a letter to the supermarket asking them to preserve the surveillance video.
Progressive assigned bodily injury liability (BIL) adjuster David Toro to the case. I quickly got Progressive to send us a check for my client’s broken glasses.
Progressive offered to settle for $50,000. The adjuster (David) was nice. But nice does not help a pedestrian if the insurance company won’t offer fair settlement value for the case.
Progressive Blamed the Pedestrian for Getting Hit by the Car
I have said it before. Car insurance companies are not your friends. They will do whatever they can to place blame on a pedestrian for causing the accident.
Can you guess what happened next?
Progressive blamed my client for getting hit! The adjuster argued that my client walked into the car. Progressive made this argument even though the driver got a ticket for careless driving! (I don’t think Flo would be too happy with Progressive’s argument.)
My law firm went into overdrive to defeat this argument. Here is what we did.
We requested the 911 audio recording to help prove that the driver was at fault. Overall, it was not really helpful. On the other hand, it did not hurt the pedestrian’s case. Basically, the audio recording was a wash.
In Bigger Pedestrian Accident Cases, Insurance Companies Use Better Negotiators
Next, Progressive assigned a new claim adjuster to this case. In pedestrian accident cases that are worth more money, insurance companies use more experienced adjusters.
How can you make sure that you have the best chance of getting as much compensation as possible?
It’s simple. Immediately hire a pedestrian accident lawyer.
Here, Progressive assigned a large loss/litigation adjuster to the case. He had 22 years of claims experience!
We got a photo of the parking lot. We created a diagram that showed that the driver had nothing blocking her view. In other words, she should not have hit the pedestrian. Next, I sent this diagram to Progressive.
Here is a similar diagram to the one that we sent Progressive:
The diagram showed that there were no visual obstructions that prevented the driver from seeing the pedestrian.
I showed Progressive that I was preparing her case as if we were going to sue and head to trial. In the past, I sued a driver insured by Progressive. (In that case, Progressive offered around $4,000. It took me suing their insured driver to get them to pay the $10,000 limits. That’s the way that Progressive plays.)
Progressive’s adjuster (Gregg) was a gentleman. (You did good Progressive.) It’s always nice to deal with an adjuster who is respectful. Gregg is a tough negotiator, but he was courteous. He was not condescending.
The best part?
I settled this case without a lawsuit. This saved my client a tremendous amount of stress. 94% of the settlement was for pain and suffering. The rest was for a small amount of out of pocket medical bills.
My client’s personal injury protection (PIP) coverage paid $10,000 of her medical bills. Below is a photo of my client and me when she came to my office to sign the settlement documents.
As you can see from her smile in the photo, she is thrilled with her settlement.
Do you know whether you are entitled to PIP if you were hit by a car as a pedestrian?
A pedestrian was leaning into his car in Coconut Grove, Miami-Dade County, Florida.
At the same time, a car struck him.
As a result, he broke his leg. At Mercy Hospital in Miami, a doctor put an external fixator in his leg. This is what it looked like:
Shortly after the accident, he got a free consultation with me (a Miami pedestrian accident lawyer).
To get maximum value, I sued one of the responsible parties. I settled his case for $325,000. Only hire a car accident lawyer who has sued before in both state and federal court. I have.
Here is another mistake to avoid:
Hiring an attorney who is not admitted to practice in federal court.
Remember:
Just because an attorney is a member of the Florida bar does not mean that he or she is admitted to any of the 3 federal district courts in Florida. Many pedestrian accident lawsuits are required to be filed in federal court.
For example, let’s assume that a pedestrian is suing an out of state driver for an accident that happened in Florida. If you are seeking more than $75,000 in compensation, you must sue in federal court.
Similarly, if you are making an uninsured motorist (UM) insurance claim, you may very well need to sue in federal court. Again, if you are seeking over $75,000.
What’s the solution?
Hire an attorney who is admitted in federal court. Get an attorney who is licensed in the particular district where you will need to sue.
So if your accident happened in Miami or Fort Lauderdale, hire a pedestrian accident lawyer who is licensed in federal court in the Southern District of Florida. I am.
Likewise, if you were hit by a car in Orlando or Tampa, get an attorney who is licensed in federal court in the Middle District of Florida. Again, I am.
If a car hit you and you broke her leg, only hire an attorney who has settled at least 10 broken leg cases. Ask the lawyer this question before you hire them. I have settled over 10 broken leg cases.
Also, be sure to question the attorney as to how many broken leg cases they have settled in 2019 (or the current year). Get them to show your proof in writing or on their website. I
A pedestrian was crossing the road in Homestead, Florida. A car hit her. She broke a bone in her face. Doctors put a plate in her face.
Miami pedestrian accident attorney JZ (me) settled her case for $110,000. Progressive and Imperial Fire and Casualty Insurance Company paid the settlement funds. The payout was for the combined bodily injury insurance limits.
Doug lived in a California. He came to vacation in Miami Beach, Florida. While crossing the street, a car hit him.
Doug broke his leg (fibula). Fortunately, he did not need surgery. Doug got a free consultation with Miami pedestrian accident attorney Justin Ziegler. Quickly thereafter, Doug hire me.
I have said before that GEICO is cheap. Therefore, I was not surprised when its bodily injury liability adjuster lowballed me. There first offer was under $15,000!
We’ve settled cases where a car or truck hit a pedestrian while the vehicle was preparing to turn, making a turn, or had just finished a turn or merge.
Were you passing out flyers in an intersection when a vehicle hit you?
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We want to represent you if a vehicle hit you while you were in an intersection while:
handing out flyers
selling food, fruits or drinks
handing out newspapers such as the Homeless Voice
collecting money for charity
collecting money for a childrens’ sports team or cheerleading squad
begging for money
Uber Hit a Pedestrian, What Compensation Can the Pedestrian Get?
Over 86 factors can affect whether a pedestrian has a case if a vehicle hit him/her in Florida.
We have settled many cases for pedestrians after a car or truck hit them in Florida. We have settled cases for our pedestrian clients who have claimed the following injuries:
Get a Pedestrian Accident Lawyer Who Has Awesome Herniated Disc Settlements
We have settled many cases for pedestrians in Florida who claimed a herniated disc after a car hit them.
If a car or truck hits a pedestrian, this can cause a herniated disc. We have settled many cases where our pedestrian clients, who claimed a herniated disc after a car or truck hit him or her in Florida.
These settlements included money to pay for medical bills, lost wages, pain, suffering, scarring and mental anguish.
Many of these settlements were in Miami-Dade or Broward County, Florida, including but not limited to Kendall, Miami Gardens, North Miami, Coral Gables, Doral, Homestead, Cutler Bay, Aventura, Hialeah and more.
We have also settled herniated disc pedestrian accident cases in other parts of the Florida.
We have collected money from the negligent driver’s bodily injury coverage.
In addition to settling many herniated disc cases for pedestrians, we have settled many other types of Florida injury cases where our client claimed a herniated disc.
Therefore, we have a solid understanding of the anatomy of a spinal disc.
We are ready to battle the insurance company’s argument that the herniated disc pre-existed the accident. We will fight their argument that it could not have been caused by the accident.
Just a few of our Florida settlements, where our client claimed a herniated disc, were in the following amounts: $300,000, $210,000, $100,000, $100,000, $100,000, $95,000.
All the settlements on this page are before deduction for attorney’s fees and expenses. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.
We have had many other herniated disc settlements. We will spend as much time as it takes to build your Florida pedestrian herniated disc case in an attempt to prove that:
the driver’s carelessness caused or aggravated your herniated disc; and
the herniated disc is a permanent injury.
Where are some common places that pedestrians get hit by cars in Miami (and Florida)?
Of course, a car can hit a pedestrian anywhere. However, let’s look at a few places where pedestrian accidents occur in Miami (and throughout Florida).
Publix Supermarket (or other supermarket, store, mall) parking lots
Our Miami law firm represents pedestrians if a car or truck hits them in a Publix Supermarket, or other, parking lot in Florida.
Publix has 760 stores in Florida, so a car or truck can easily hit a pedestrian in the parking lot. In 2015, a car hit a woman in the Briar Bay Publix parking lot in Miami. She was severely injured.
We will make a claim against the bodily injury coverage of any potential defendants. What if the driver who hit you does not have bodily injury liability insurance?
If you are entitled to uninsured motorist coverage, we will make an uninsured motorist coverage claim, if appropriate.
What if poor lighting was the cause of you getting hit by a car? We may also make a claim if there was inadequate lighting that caused the accident. Likewise, we may make a claim if the parking lot had a dangerous design.
A car hit a pedestrian in a parking lot in North Miami. After the accident, the pedestrian had neck and back pain. Shortly after she was hit, the pedestrian decided to get a free consultation from me.
Clarendon National Insurance Company (RAC Insurance Partners LLC) insured the driver.
However, the driver was underinsured. Fortunately, our client was entitled to uninsured motorist coverage.
Our client’s PIP insurer had her examined by a chiropractor. Our Miami lawyer, Justin Ziegler, attended the medical visit with her to make sure that the chiropractor was treating her fairly. She was very pleased with the settlement.
Negligent Publix truck driver could hit a pedestrian.
If a Publix truck driver is careless and injures you while you are a pedestrian in Florida, we want to represent you.
Does a pedestrian have a case if a Walmart truck driver hit him or her in Florida? Does a pedestrian have a case if a driver hits him or her in a Walmart parking lot?
We have settled shoulder injury cases after a car hit a pedestrian in South Florida.
Our Miami attorney Justin Ziegler has settled cases for pedestrians who suffered shoulder injuries after a car hit them. These cases were throughout Miami-Dade County and Broward County, Florida.
Some of our shoulder tear settlements were in the following amounts: $210,000, $147,000, $65,000, $57,000 and $18,000 and $10,000.
We know settlement values for Florida pedestrian accident cases.
We know how to calculate how much a Florida pedestrian accident case may be worth.
Calculating the fair value of a Florida pedestrian accident case is tough. We have handled many Florida pedestrian injury cases. Fortunately, I keep track of our past settlements. We also keep track of other attorneys’ settlements.
We will make sure that the insurance company’s valuation of the case is similar to ours. If it is not, we may sue to get your medical bills and lost wages paid. We will also sue for your pain, suffering and mental anguish.
Neck Injuries
We have settled many Florida cases where a driver caused a neck injury to our client, a pedestrian.
Neck injuries are one of the ten most common claimed injuries after a Florida pedestrian accident. We have settled Miami-Dade and Broward County, Florida neck injury cases.
These include cases where a car or truck hit our client, a pedestrian. Some of these cases involved a car backing up into the pedestrian.
Others involve a car or truck failing to yield the right of way and striking a pedestrian.
Get Your Medical Bills Paid
We will do everything possible in an attempt to get your medical bills paid after a Florida pedestrian accident.
A car or truck driver may hit you while you are a pedestrian in Florida. If so, we will work hard in an attempt to get your medical bills paid.
When you hire us, we will request your bills from all the medical providers. We will submit the bills to the proper insurers.
We want to get the following bills paid:
Ambulance bills
Hospital bill
ER physician bills
Doctors’ bills
MRI facility bills
Surgery bills, anesthesia bills, medication expenses
If a car hit you while you were a pedestrian in Florida, in most cases there is no requirement that you speak with the negligent driver’s insurance company.
We know when you are required to speak with the PIP adjuster of the negligent driver’s auto insurance company.
Moreover, I will work quickly to get your qualified for PIP coverage, if it exists. We have the forms (affidavits) to complete.
You don’t have to worry about filling out these forms. We have helped hundreds of clients complete these forms.
We have settled many pedestrian accident cases where our client was injured when the careless driver:
Failed to yield right of way or run a red light at an intersection.
Did not pay attention or was on a cell phone.
Failed to yield to a pedestrian in a crosswalk.
Hit a pedestrian while he or she was on a cross walk.
Was speeding when he or she hit the pedestrian.
Drove onto a sidewalk and hit the pedestrian.
Was arrested for drunk driving (DUI).
Even if the driver – of the car that hit you – received a ticket for a moving violation, we may still get all the witnesses to complete a witness statement, and preferably a witness affidavit.
Did someone’s carelessness cause your injury in a Florida pedestrian accident or other type of accident?
We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.
