What Should I Do If My Child Was Injured in a Pedestrian Accident in Vero Beach, Florida?

As a parent, there is nothing more frightening than learning your child has been hurt. When that injury comes from a pedestrian accident, the fear and uncertainty can be overwhelming. If you find yourself in this difficult situation in Vero Beach, it is important to know the steps to take to protect your child’s health and rights. Our team at The Law Offices of Keith Bregoff will walk you through the important actions to consider after your child has been injured as a pedestrian.

Seek Immediate Medical Attention

Your child’s health is the top priority. Even if injuries seem minor, you must have a medical professional examine your child right away. Some injuries, especially internal ones, may not be immediately apparent. Prompt medical care can prevent complications and create a record of your child’s injuries, which may be important for any future legal action.

Call the Police

If you have not already done so, contact the police to report the accident. A police report provides an official record of the incident, which can be valuable if you need to pursue a legal claim. The report will include important details.

Gather Information and Evidence

If you are able to, collect as much information as possible at the accident scene:

• Get the driver’s name, contact information, and insurance details.
• Note the make, model, and license plate number of the vehicle involved.
• Take photos of the accident scene, including any visible injuries to your child.
• Get contact information from any witnesses.

This information can be crucial for insurance claims and potential legal action.

Document the Scene

Safety first! Only document the scene if it is safe for you to do so. If possible, take pictures of the accident location, including:

• The position of the vehicles involved (if any).
• Skid marks on the road.
• Traffic signals.
• Any visible injuries your child sustained.

Be Cautious When Talking to Insurance Companies

The driver’s insurance company may contact you soon after the accident. Be careful about what you say. Insurance adjusters may try to get you to make statements that could hurt your case. It is often best to let them know that you are not ready to discuss the accident and will seek legal advice.

Understand Florida’s Pedestrian Laws

Florida has specific laws governing pedestrian rights and responsibilities. For example, pedestrians have the right-of-way at marked crosswalks and intersections. However, they must use sidewalks when available and obey traffic signals. Understanding these laws can help you determine if the driver was at fault in your child’s accident.

Consider the Statute of Limitations

In Florida, you have a time limit for filing a personal injury lawsuit. For most personal injury cases, you have four years from the date of the accident to file a lawsuit. However, it is best not to wait this long, as evidence can disappear and witnesses’ memories can fade.

Assess the Long-Term Impact

Pedestrian accidents can have lasting effects on a child’s life. Consider not just the immediate medical costs but also potential long-term consequences like:

• Ongoing medical treatment or therapy.
• Emotional trauma or PTSD.
• Impact on schooling and future earning potential.
• Changes in quality of life.

Protect Your Child’s Privacy

Be mindful of what you share on social media about the accident or your child’s recovery. Insurance companies and defense attorneys may use social media posts to challenge your claims about the severity of your child’s injuries.

Consider Consulting a Personal Injury Attorney

An experienced personal injury attorney can help you understand your rights and options. They can:

• Investigate the accident thoroughly.
• Deal with insurance companies on your behalf.
• Ensure all necessary evidence is collected and preserved.
• Calculate the full extent of damages, including future costs.
• Negotiate for a fair settlement or take your case to court if necessary.

Florida’s “Pure Comparative Negligence” Rule

Florida follows a “pure comparative negligence” rule in personal injury cases. This means that if your child is found to be partially at fault for the accident, any compensation awarded may be reduced by their percentage of fault. For example, if your child darted into the street without looking, they might be assigned some degree of fault. An attorney can help argue against unfair blame being placed on your child.

Contact an Attorney After Your Pedestrian Accident in Vero Beach

The Law Offices of Keith Bregoff in Vero Beach is here to help guide you through the legal process and fight for the compensation your family deserves. Our experienced team understands the unique challenges of child injury cases and is committed to providing compassionate, effective legal representation. Call our office today at 772-492-8967 for legal help.