Pedestrian accidents happen when a car or any motor vehicle collides with or crashes into a person walking or traversing on or near the road. As a result of the incident, the pedestrian suffers injuries, property damage, or death.
If you’ve been the victim of an accident, help from a Davie pedestrian accident attorney is a call or click away. The attorneys at Eggnatz | Pascucci personal injury law firm in Davie have helped many pedestrians get the compensation they deserve following an accident.
In Davie, Florida, the state allows the injured party to file a claim against the motor vehicle driver to seek redress for their losses. Serious body injuries often occur from pedestrian accidents. Reaching out to one of our top-rated personal injury lawyers in Davie will help guide you through the complex claims and legal process. They’ll provide expertise and proficiency to help you. Knowledge of the law and understanding of the rights under a no-fault state can be crucial in these claims.
Meet Founding Attorney Joshua H. Eggnatz
Joshua Eggnatz learned how insurance companies and corporations fight claims from the inside because he used to work for them. After years at large defense firms mastering their tactics to deny and underpay injured people, Josh switched sides and now uses that knowledge to fight for individuals against the very forces he once defended.
He’s a proven warrior in personal injury and class action litigation, securing millions for clients harmed by car accidents, defective products, medical malpractice, cruise ship incidents, and corporate wrongdoing.
Court-appointed Class Counsel in multiple nationwide class actions and recognized on the Super Lawyers Rising Stars list for 11 consecutive years (2013-2024), Josh delivers results while staying honest about your case.
A native Floridian, he lives in Davie with his wife Laura and kids Asher and Ava, balancing his fierce courtroom advocacy with coaching youth soccer and family adventures.
Meet Founding Attorney Michael J. Pascucci
Michael Pascucci co-founded Eggnatz | Pascucci to give clients something rare: powerful legal representation with direct access to their lawyers. Like Josh, Mike spent years working for the other side, defending insurance companies and major corporations, giving him insider knowledge of exactly how they handle injury claims and litigation. Now he uses that advantage to fight for everyday people across Florida in personal injury cases, from auto and trucking accidents to construction incidents and sexual assaults.
Appointed as Class Counsel in high-profile nationwide class actions, Mike has recovered millions for consumers victimized by false advertising, illegal debt collection, and deceptive business practices.
A four-time Super Lawyers Rising Star and former National Trial Lawyers Top 40 under 40 honoree, Mike lives in Cooper City with his wife Allyson and daughters Ansley and Alexandra. When he’s not winning cases, he’s coaching youth sports, volunteering with charities, and providing free legal help to those who need it most.
Contact Our Davie Pedestrian Accident Attorneys Today
The experienced Davie pedestrian accident attorneys at Eggnatz | Pascucci know how to investigate your case, build a powerful claim, and fight relentlessly for the compensation you deserve. We guide you through every step with clear communication and unwavering support. Contact us today for a free, no-obligation consultation at (954) 889-3359 or text us at (954) 289-6961. Your story matters, let us fight to tell it.
Davie Pedestrian Right of Way
Florida law provides traffic regulations identifying the pedestrian’s right-of-way. Under Section 316.130, pedestrians are mandated to obey traffic signs and devices. On the other hand, vehicle drivers are expected to exercise caution to avoid hitting pedestrians.
Some of the specific rules for pedestrians to follow are as follows:
- Pedestrians are expected to follow the marked crosswalks.
- Vehicles must stop and yield the right of way if a pedestrian is crossing within the marked crosswalks.
- Vehicles have the right of way if a pedestrian is crossing without any marked crosswalk. However, drivers must exercise diligence and caution to avoid hitting pedestrians.
While drivers must exercise diligence in driving their vehicles, pedestrians must follow traffic signs, use marked crosswalks when available, and use the sidewalk if available. Legal remedies may be available even if a pedestrian fails to follow the law. As operators of heavy motor vehicles, drivers are expected to take precautions to avoid hitting vulnerable pedestrians. That’s why speaking to an experienced car accident lawyer in Davie following your pedestrian accident is important, even if you may be partially at fault.
Common Causes of Pedestrian Accidents
A pedestrian accident can happen for many reasons. Most of the time, a person walking along the sidewalk feels safe, as they should be. Yet, drivers are often not paying attention, which can lead to catastrophic outcomes. Some of the most common reasons for pedestrian accidents include:
- Distracted driving: A driver is checking a text message or answering an email. The driver is eating or drinking behind the wheel or trying to manage a pet. They are not paying attention to the road.
- Impaired driving: A driver is under the influence of alcohol or drugs, including prescription medications. That limits their ability to react to changing situations.
- Poor visibility: In some situations, there are no sidewalks, and pedestrians must walk in the roadway. When that happens, a lack of lighting can cause a higher risk of injury, especially at night.
- Reckless driving: Speeding, illegal lane changes, tailgating other drivers, and running red lights are all common reasons for these accidents to happen.
- Fatigue: A driver who is tired behind the wheel is less able to react to changing conditions, meaning they may not see the pedestrian in the crosswalk.
These are some of the most common causes of pedestrian accidents, but many others can occur. It is up to your Davie pedestrian accident attorney to determine what happened so the most effective strategies can be used to recover fair damages.
Florida is a No-Fault Insurance State with Davie Pedestrian Accidents
Florida is among the few states that adopt no-fault laws. In a pedestrian accident in Davie, the injured pedestrian must submit its medical bills to their own insurer, if the injured person or a resident relative owns a vehicle in Florida. If the injured person does not have coverage available, then the no-fault claim must be submitted to the at-fault driver’s insurance.
This no-fault claim is separate from a personal injury claim for injuries, non-covered medical treatment, pain and suffering, and other damages resulting from the at-fault driver’s negligence.
Driver Duty of Care Towards a Pedestrian in Davie
Section 316.130 (15) of the Florida Statutes requires drivers to exercise due care to avoid colliding with any pedestrian. Drivers must also exercise proper precaution upon observing any child or any confused or incapacitated person.
When drivers breach this duty, they must be held accountable. Our highly experienced pedestrian accident attorneys in Davie know what evidence to use to prove negligence. Furthermore, we know which parties to sue, which may become more complicated if a vehicle malfunction or unsafe road conditions lead to an accident.
What If the Driver Who Hit Me Was Uninsured or Underinsured?
If you are hit by a driver who lacks insurance, you may be unsure what your rights are. If you carry your own uninsured or underinsured motorist insurance, it could be applied to your case, helping to cover your losses. Not all drivers have this insurance, but if you do have it, let your attorney help you file a claim for your losses through your policy.
However, in all situations, you still have the right to hold the at-fault party accountable. That means you could file a claim against them in a court of law. Even without insurance, they may be responsible for your losses, and filing a lawsuit could mean the court forces them to use their assets to pay for your losses.
Comparative Negligence for a Davie Pedestrian
Florida follows the modified comparative negligence system, which allows the parties in an accident to share fault, provided that the injured person is 50% or less. For instance, if the pedestrian is partially at fault by passing outside the marked crosswalk, the pedestrian’s recoverable damages shall be reduced based on the percentage of their fault (Section 768.81). However, they will still be able to recover for the portion of the accident that was not their fault. Our attorneys understand how to evaluate fault percentages and will accurately advise you on how much your claim is worth.
How Long Do I Have to File a Pedestrian Accident Claim?
After a pedestrian accident, you have two years from the date of the incident to file a lawsuit in a court of law. This falls under Florida’s statute of limitations in personal injury cases.
Most of the time, you should take legal action far sooner by filing a claim with the at-fault party’s insurance company. Your attorney will expedite this process to ensure that you can settle fairly outside of court when it is possible to do so. Yet, in situations where it is not possible, it becomes necessary to file a lawsuit instead.
You have the right to seek a legal claim in a Florida court for two years. If you miss that deadline, the court is not likely to hear your case. That means there is no legal method available to force the at-fault party or their auto insurance coverage to pay for your losses. For this reason, you should not wait to get the legal guidance you need in pursuing fair compensation.
Testimonials
I will definitely refer them in the future.
“Without the help of Josh Eggnatz, a complex business transaction involving three different companies would have never been consummated. His ability to keep a level head and work towards the end goal made the difference.”
-John McDonald
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I would highly recommend him to anyone in need of an attorney who combines experience, passion, and heart
“When it came time to fight for us, Mike gave it everything he had. He was prepared, knowledgeable, and relentless in making sure my family’s best interests were protected. Through this experience, I got to know him better, and I can say without hesitation that this is someone who will fight for anyone who needs his help. He’s not only skilled at what he does, but he also cares deeply about the people he represents.
Mike truly knows his stuff, and I am beyond grateful for everything he and his firm have done for my family.”
-Liz Rodriguez
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I would highly recommend Michael to anyone looking for legal support, no matter the size of the case
“I’m incredibly grateful to Michael Pascucci and his team at Eggnatz Pascucci for their outstanding work representing me in my case. From the very beginning they were attentive, knowledgeable, and genuinely committed to the case.
Thanks to their dedication, we were able to reach a favorable settlement. ”
-NM
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Contact Our Skilled Pedestrian Accident Attorneys in Davie Today
If you need specific advice on your case, it is beneficial to consult a Davie pedestrian accident lawyer. An experienced and skilled lawyer will assess your case and advise on strategies to increase the chance of getting favorable compensation for your injury.
At Eggnatz and Pascucci, our team will provide the representation you need to pursue a claim immediately after an accident. Contact us today to get the ball rolling on your legal claims. We offer no-risk, free consultations to discuss your claim’s value and how we can assist you. Give us a call at (954) 889-3359 or send us a text message at (954) 289-6961.