Daytona Pedestrian Accident Lawyer

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If a driver’s carelessness left you injured while on foot in Daytona, you have specific rights under Florida law.

This includes the right to pursue payment for all the harm their actions caused. A simple walk should not end in a life-altering injury, but when it does, you should not be the one to bear the financial cost of another’s mistake.

Pedestrian accident claims are not like typical traffic cases. They often involve devastating injuries, difficult questions about who had the right-of-way, and a significant bias against the person on foot. Insurance companies will try to shift blame, suggesting you weren’t paying attention or were in the wrong place. We know how to counter these arguments because our firm has handled personal injury cases for over four decades, building a deep understanding of the tactics used to deny victims fair payment.

Figuring out Florida’s fault laws and dense insurance policies while you are trying to heal is an unfair burden. Our role is to lift that weight from your shoulders and handle every aspect of the legal process. For a free, no-obligation consultation, call Steven A. Bagen & Associates, P.A. today at (386) 703-1177.

 

Why Choose Steven A. Bagen & Associates, P.A. for Your Daytona Pedestrian Accident Case?

For over four decades, our firm has focused exclusively on helping injured people across Florida. We have achieved a 99% success rate and have recovered hundreds of millions of dollars for thousands of clients. We believe your recovery is what matters most, and our history reflects that commitment.

Our work has earned recognition from our peers and clients alike. We have been named a Top 100 personal injury law firm by the American Trial Lawyers Association and have received awards for client satisfaction from the American Institute of Personal Injury Attorneys. Furthermore, our attorneys are recognized by Super Lawyers, a distinction awarded to less than 5% of attorneys nationwide. These honors are a direct result of our commitment to giving each case the individual attention it requires to achieve a successful outcome.

A Law Firm Built on Service

We know that taking legal action can feel intimidating, especially when you are already dealing with so much. That’s why we make the process as straightforward and accessible as possible. We are dedicated to providing support that goes beyond the courtroom.

• Free Consultation: We offer a no-cost, no-pressure case review so you can get clear, honest answers about your legal options. We are available to meet in person, by phone, or through video chat. If your injuries make it difficult to travel, we will come to your home or hospital room.
• No Win, No Fee: You pay us nothing unless we win your case. We operate on a contingency fee basis, a legal concept that simply means our fee is a percentage of the payment we recover for you. If we don’t secure a recovery, you owe us nothing.
• Direct Attention: When you work with us, you get direct access to your legal team. We believe in proactive communication, providing regular updates and making ourselves available to answer your questions whenever they arise. You will never be left in the dark about the status of your case.

Our Daytona office located at 128 Orange Ave Suite 227, steps away from the Jackie Robinson Ballpark.

How Much Is My Daytona Pedestrian Accident Case Worth?

While no amount of money undoes the trauma of an accident or erases your pain, the purpose of a legal claim is to provide financial stability and cover every single loss the accident caused. We pursue the maximum compensation available under the law to address your past, present, and future needs, ensuring you have the resources necessary for a complete recovery.

Economic Damages: The Tangible Costs

These are the most straightforward losses to calculate because they come with a paper trail. We meticulously document these costs to build a strong foundation for your claim.

• Medical Bills: This includes every dollar spent on emergency responders, hospital stays, surgical procedures, diagnostic imaging, physical therapy, prescription medications, and any future medical care you may require.
• Lost Wages: The income you lost while unable to work is a direct and calculable loss. This includes salary, hourly wages, and any bonuses or commissions you would have earned.
• Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your old job or earning the same income as before, this compensates for the long-term difference in your earnings potential.
• Out-of-Pocket Expenses: These are the incidental costs that add up quickly, such as paying for transportation to doctor’s appointments, hiring help for household chores, or making modifications to your home or vehicle to accommodate a disability.

Non-Economic Damages: The Human Cost

These damages are intended to compensate for the intangible, personal losses that don’t have a clear price tag but deeply impact your quality of life. 

• Pain and Suffering: This is for the physical pain and emotional distress you have endured since the accident and may continue to endure for years to come.
• Emotional Anguish: This provides compensation for conditions like anxiety, depression, post-traumatic stress disorder (PTSD), or the simple loss of enjoyment of life.
• Permanent Scarring or Disfigurement: For the visible, permanent reminders of the accident that can affect self-esteem and confidence.

Punitive Damages: A Rare but Powerful Tool

In some exceptional cases, we may be able to pursue punitive damages. Their purpose is to punish the at-fault party for particularly reckless behavior and to deter others from acting in a similar manner. Under Florida Statute 768.72, punitive damages are typically reserved for situations where the defendant was guilty of “intentional misconduct or gross negligence,” such as in some accidents caused by a drunk driver.

Pedestrian Accidents in Daytona Beach and Volusia County

The Daytona Beach metro area is consistently ranked among the most dangerous places in the United States for people on foot.. A Dangerous by Design report showed that in a recent 4 year period, a total of 134 pedestrians were killed in the metro area. Volusia County frequently sees a tragic number of pedestrian fatalities each year, highlighting the constant risk faced by residents and visitors alike.

Where Do These Accidents Happen?

We see accidents happen most commonly on high-traffic roads and at intersections where drivers are focused more on speed than on safety.

• Major Roads: Busy arteries like Atlantic Avenue (A1A), International Speedway Boulevard, and U.S. 1 are frequent sites of serious accidents. These roads often feature high speed limits and multiple lanes of traffic.
• Complex Interchanges: The interchange connecting I-95 and I-4 in Volusia County is known for heavy congestion and is a hotspot for all types of vehicle collisions.
• Tourist Areas and Crosswalks: High-density areas filled with tourists who may be unfamiliar with local traffic patterns can also be dangerous. Many accidents occur even in marked crosswalks when drivers are distracted, impatient, or simply fail to yield the right-of-way.

What Factors Contribute to These Accidents?

• Driver Negligence: This is the leading cause of most pedestrian accidents. It includes a wide range of careless behaviors, such as distracted driving (texting, talking on the phone), speeding, and failing to yield to pedestrians in crosswalks.
• Poor Lighting: A significant number of pedestrian accidents happen at night or in the early morning hours in areas with inadequate street lighting.
• Road Design: Many roads in Florida were historically designed to prioritize high-speed vehicle movement over the safety of all road users, thereby contributing to the state’s high number of pedestrian fatalities.

Understanding Pedestrian Accident Claims in Florida

Common Types of Pedestrian Accidents

• Crosswalk Accidents: These occur when a driver fails to stop and yield to a pedestrian who is lawfully within a marked or unmarked crosswalk.
• Intersection Accidents: These often involve a driver making a turn—especially a left turn—without properly checking for pedestrians who have the signal to cross.
• “Dart-Out” Accidents: This is a term insurance companies use to unfairly blame a pedestrian, claiming they suddenly entered the road from a concealed position. 
• Parking Lot Accidents: Drivers who are backing up, pulling through parking spots, or looking for a space without paying full attention are a frequent cause of injuries to people walking through lots.

Common Injuries 

Because a pedestrian has absolutely no physical protection in a collision with a motor vehicle, the resulting injuries are almost always severe and life-altering.

• Traumatic Brain Injuries (TBIs): Ranging from concussions to severe brain damage, these injuries happen when the head strikes the vehicle or the ground. They can lead to lifelong cognitive and physical challenges.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or full paralysis, such as paraplegia or quadriplegia, forever changing a person’s life.
• Broken Bones and Fractures: The force of impact commonly causes severe fractures, particularly to the legs, hips, pelvis, and arms.
• Internal Injuries: The collision can cause significant damage to internal organs, leading to internal bleeding and other critical conditions that may not be immediately obvious.
• Severe Abrasions (“Road Rash”): When a person’s skin makes contact with the road surface, it can cause deep wounds that are painful, prone to infection, and often result in permanent scarring.

Important Florida Laws That Will Shape Your Case

• The Statute of Limitations: In Florida, you generally have two years from the date of the accident to file a lawsuit for negligence. If you miss this deadline, the law will bar you from seeking compensation forever.
• Modified Comparative Fault: Florida law follows a “modified comparative fault” rule. This means your total compensation can be reduced by your percentage of fault. For example, if you are found to be 10% at fault for the accident, your final award is reduced by 10%. However, under a recent change to the law, if you are found to be more than 50% at fault, you are barred from recovering any damages at all. 
• Pedestrian Right-of-Way: While drivers must yield to pedestrians in a crosswalk, the law is not absolute. Florida Statute 316.130 also states that a pedestrian has a duty not to suddenly leave a curb and walk or run into the path of a vehicle that is too close to stop. 

What You Can Do Now to Protect Your Claim

Follow Your Doctor’s Orders

Attending all medical appointments, following through with prescribed treatments, and participating in physical therapy help with creating a medical record that documents the severity and progression of your injuries, thus having strong evidence for your claim.

Keep a Journal

Write down how you feel each day. Simply note your pain levels on a scale of 1-10, any difficulties you have with daily activities like sleeping or dressing, and the emotional impact the accident is having on you. This journal serves as strong evidence to demonstrate the reality of your pain and suffering to an insurance company or a jury.

Preserve All Paperwork

Keep every receipt, bill, and statement related to the accident in a dedicated folder. This includes medical bills, pharmacy receipts for medication and assistive devices, and copies of your pay stubs showing your lost income. These documents will help calculate and prove your economic damages.

Obtain the Police Report

The official traffic crash report contains important information, including the officer’s initial observations, witness contact information, and any citations issued. While we are able to obtain this report for you, it’s always good to have your own copy if possible.

Do Not Talk to the Insurance Company

Do not give a recorded statement or engage in conversations about the accident with the other driver’s insurer. Anything you say can be misinterpreted and used against you. Politely decline and refer them to our office. 

Stay Off Social Media

It is in your best interest to avoid posting on social media platforms until your case is fully resolved. An innocent photo or comment may be taken out of context by an insurance adjuster looking for any reason to deny or reduce your claim.

Let Us Handle the Legal Work for You

Allowing our firm to handle the legal and insurance burdens gives you the space to focus on healing and rebuilding your life.

We have the experience, the resources, and the unwavering dedication to stand up for you and pursue the justice you deserve.

Call Steven A. Bagen & Associates, P.A. now at (386) 703-1177 or contact us online to schedule a free, confidential consultation. 

Frequently Asked Questions for our Daytona Pedestrian Accident Lawyers

What if the driver who hit me was uninsured or fled the scene (hit-and-run)?

You may still have important options for financial recovery. Your own auto insurance policy might include Uninsured/Underinsured Motorist (UM/UIM) coverage. This coverage is designed specifically for these situations and could be used to pay for your medical bills, lost wages, and pain and suffering. If you do not own a vehicle, you might be covered under the policy of a resident relative. We thoroughly investigate all possible sources of insurance coverage to ensure you are able to access the payment you need.

Will I have to go to court?

The vast majority of personal injury cases are settled out of court through negotiation. With a 99% success rate, we have a long and proven history of securing favorable settlements for our clients without the need for a trial. However, we prepare every single case as if it will ultimately be decided by a jury. If the insurance company refuses to make a fair and just offer, we are always ready and willing to present your case in court.

How long will my case take?

The timeline for a pedestrian accident case can vary significantly. It depends on factors like the complexity of the accident, the severity of your injuries, and how long it takes for you to reach what doctors call “maximum medical improvement.” Our goal is always to win big, but also to win as efficiently as possible without ever sacrificing the full value of your claim.

Can I still file a claim if I was jaywalking?

Yes, you may still have a valid claim. Under Florida’s modified comparative fault rules, even if you were partially at fault for crossing the street outside of a marked crosswalk, you could still recover damages as long as you are not found to be more than 50% responsible for the accident. Drivers have a legal duty to exercise due care to avoid colliding with pedestrians at all times, regardless of where the pedestrian is crossing. We help evaluate the specific circumstances to determine the strength of your case.