Stuart, FL Pedestrian Accident Lawyers

Pedestrian accidents continue to be a huge issue in Florida. FLHSMV reported 12,223 pedestrian crashes in Florida in 2024 with 706 pedestrian deaths. Another 1,354 pedestrians suffered serious bodily injuries. FLHSMV also reported that Martin County, FL saw 53 crashes in 2024 with 2 fatalities and 45 injuries.

Pedestrian crashes usually lead to more severe injuries than a typical fender bender because of the direct impact to the body. Head trauma, severe fractures, and internal trauma are fairly common in a pedestrian crash.

If you’ve been injured because of someone else’s negligence, you need a lawyer who will fight for justice and the compensation you deserve. If you were hurt as a pedestrian in Stuart or anywhere in Florida, call Lesser, Landy, Smith & Siegel, PLLC at (772) 283-6839 today to see if you have a case. Your consultation is free and you pay nothing unless we win.

Do I Have a Case?

Negligence

A pedestrian accident case usually comes back to negligence, which has four parts that need to fit together.

Duty means the driver had to use reasonable care under the conditions, like paying attention, following signals, and yielding when the road rules required it.
Breach means the driver did not meet that standard, like turning through a crosswalk without checking it or driving too close to the curb line.
Causation means the breach led to the collision, not a separate event that happened later.
Damages means injuries and losses followed, and there is documentation like medical records or work records that can tie the losses back to the crash.

Signs of a Strong Case

A strong case starts with a clear reason the driver should have yielded or slowed down, but didn’t or didn’t do it in time to prevent the collision. For example:

Failure to yield at a crosswalk or intersection.
A turn through a crosswalk without checking for a pedestrian.
Backing out or pulling through a driveway entrance without a clear view.
Distraction or impairment that affected attention and reaction.

Each pedestrian crash has its own set of details, so a strong case does not always fit into the examples above, but generally a case still needs to fit the four elements of negligence.

After the Accident: Building the Right Case Foundation

First Minutes at the Location

Call 911 and ask for EMS and police, and move out of traffic if movement feels safe. Keep answers to police short and factual, and avoid guessing about fault.

Medical Care in the First Day

Get checked the same day when EMS recommends it or when symptoms feel off, and mention any head impact signs even if pain feels mild. Tell the intake staff exactly how you got hit and where it happened, like “vehicle turned into me in the crosswalk,” so your records match the same story each time you go back for care.

Information to Save

Photos and contact info can make a difference later, and a phone can capture most of it in a couple minutes.

Photograph the license plate and the vehicle position.
Photograph the crossing area and the nearest intersection.
Photograph signal faces when signals exist.
Save witness names and phone numbers.

Keep Documentation Organized

Keep photos and witness contact info together with medical records, billing statements, receipts, and work notes, whether you save them on your phone, print them, or keep both. A simple labeling habit helps, like writing the date and location on printed documents and saving digital files by date and provider, so you can find what you need without digging.

Choosing the Right Pedestrian Accident Attorney

Choosing a Florida pedestrian accident lawyer after a pedestrian crash should be done methodically and carefully. You are choosing an advocate that will take actions that can affect your health, your work, and your finances, and your future. Here are a few things to look for.

Pedestrian Accident Case Experience. Firm pages, past results the firm shares, and reviews should reflect experience with pedestrian crashes.
Read Reviews Carefully. Look for reviews that show good results, good communication, and happy clients.
Strong Investigative Skills: Strong investigative skills mean the firm digs in on the facts and does not rely on the first version of the story. The firm tracks down video if it exists, contacts witnesses, and documents the crossing area, then collects the medical and work documents that explain how the injury affected your life.
Current & Clear Credentials. State Bar status and disciplinary history take two minutes to look up, and checking can save you from a bad surprise. Search here.
Strong Communication. A clear point of contact and a clear update plan keep you from guessing who to call.
Experience with Serious Injury Cases. Treatment can stretch out, records can pile up, and a good lawyer stays organized through that without dumping the work back on you.
Willingness to Go to Trial if Needed. Ask if the firm is willing to go to trial if necessary and if they build the case with that in mind from the start.

About Attorney’s Fees

Most pedestrian cases use a contingency fee, which means attorney fees come out of the money recovered. A written agreement should spell out the percentage and costs clearly, and answers should feel clear before you sign.

Serious or Catastrophic Injuries

Serious injuries change case strategy because treatment lasts longer, symptoms can change over time, and the long-term picture may stay unclear for a while. A good attorney adjusts around that reality, which usually means tracking treatment closely, gathering the right medical documentation as it develops, and avoiding pressure to resolve the case before doctors can speak clearly about restrictions and future care.

Injuries That Change Case Strategy

Brain Injuries

Brain injury symptoms can affect work, memory, sleep, and concentration, and those issues need clear documentation in medical visits instead of casual mentions. An attorney will push for consistent records that connect symptoms to day-to-day limits, and the attorney will also look for gaps or chart mistakes that can get used against you later.

Severe Fractures

Severe fractures can bring surgery, rehab, and long restrictions on standing, lifting, or driving, and those restrictions can change wage loss and future limitations. An attorney will track treatment milestones and collect records that show how the injury limited work and daily tasks over time.

Internal Injuries

Internal injuries can require advanced imaging, monitoring, and follow-up visits, and symptoms can change after the first evaluation. The pedestrian accident lawyers of Lesser, Landy, Smith & Siegel will work to keep the medical timeline consistent and supported, especially when pain or complications show up after the first visit.

Records That Support Severity

Imaging reports can document injury findings and timing, and those reports can support restrictions.
Specialist notes can show the injury required more than routine follow-up care.
Work restriction notes can document limits and missed time in a way employers can confirm.
Physical therapy notes can document function limits over time, including range of motion and activity tolerance.

Dealing With Insurance Companies

Steps You Can Take

1. Keep the First Call Short

Share basic facts like date and location, then stop. Long calls can lead to mistakes when pain, stress, or medication makes details harder to track.

2. Treat Recorded Statements as Optional

Recorded statements can wait until you feel clear-headed and you’ve had a chance to speak with your attorney, since a statement in the beginning stages can commit you to details before you’ve reviewed records and before your symptoms stabilize.

3. Check Your Insurance Policy Declarations Page

Check your auto policy for PIP and UM/UIM, since those coverages can apply even when you were walking.

Quick note: UM/UIM can become relevant after a hit-and-run or when the driver’s limits are low.

Steps Lesser, Landy, Smith & Siegel Takes

Take Over Insurance Communication

Lesser, Landy, Smith & Siegel can handle calls and written communication so you don’t have to manage repeated requests and pressure to commit to details before records exist.

Confirm Coverage and Start the Right Insurance Claim

Lesser, Landy, Smith & Siegel can review coverage, confirm whether PIP or UM/UIM applies, and handle the insurance claim paperwork tied to those coverages.

Push Back on Fault Percentage Assignments

Fault percentage pressure comes up in pedestrian cases, and Lesser, Landy, Smith & Siegel can challenge percentages that don’t fit what happened by tying the right-of-way story to the record.

Compensation in Pedestrian Accident Cases

Compensation in a pedestrian accident case comes from losses that can be supported with records and articulated in a way that matches your treatment and the limits the injury has put on your day-to-day living. An accident can create medical bills, time off work, and pain that changes your routine for months, so your case needs to tell the same story your body is living.

Losses That May Be Recovered

Medical expenses. Bills and medical records show the care you received, and they also show whether care stayed ongoing after the first visit.
Future treatment. Doctor notes can support ongoing needs, especially when restrictions continue or more care remains likely.
Lost income. Pay records, tax records, and work notes can support missed time and reduced income when restrictions limit your ability to work.
Out-of-pocket expenses. Receipts can support costs tied to treatment, like transportation to appointments or medical supplies.
Pain and daily disruption. Treatment notes can support pain and limitations when the records reflect sleep problems, mobility limits, or reduced ability to handle normal tasks.

Factors That Change Case Value

Injury severity. Serious injuries tend to raise the stakes because treatment gets bigger and restrictions last longer.
Length and consistency of treatment. A clear treatment timeline helps, especially when records show progress and ongoing limitations without big gaps in care.
Fault percentage. Shared responsibility can reduce recovery, more on this later.
Insurance coverage limits. Available coverage can affect how much money is available, even when injuries are severe.

The pedestrian accident lawyers of Lesser, Landy, Smith & Siegel can gather the records that support each part of your losses and present them in a way that matches your treatment, your work limits, and the impact the injury has had on your daily life.

Florida Rules That Can Affect Your Case

Filing Deadlines

Florida’s statute of limitations for personal injury gives two years to start most negligence cases, and the clock usually starts on the date of the crash.

Florida has other notice requirements for certain cases against the state and local government, so timing can become an issue earlier than people expect.

Comparative Fault in Florida

Comparative fault (also called comparative negligence) means Florida assigns fault percentages, and your percentage can reduce what you recover.

A simple example: damages add up to $100,000 and 20% fault gets assigned to you, so the recovery becomes $80,000.

A finding greater than 50% blocks recovery in most negligence cases.

Working With Lesser, Landy, Smith & Siegel After a Pedestrian Accident

A pedestrian case can include complex issues around medical care, records, and liability questions that develop over time, so we get organized quickly and keep the case moving in a straight line from the facts to the outcome.

What the Firm Handles

We gather the key records right away and check for missing pages, wrong dates, and chart errors that can create disputes later.
We will track down video and witness information and work to preserve it before it gets lost or destroyed.
We review fault and challenge insurance company percentage arguments with facts tied to the crossing location and driver movement.
We document wage loss and work limits using employer records and medical restrictions, so lost income can be supported with documentation.
We will communicate regularly, keeping you in the loop at every turn.
We fight for maximum compensation.

Items to Bring to the First Meeting

Bring what you have.

Crash report number if you have it.
Photos or video from the day.
Witness names and contact information.
Medical visit summaries or discharge instructions.
Auto policy declarations page if you have it.

Next Steps After a Pedestrian Crash in Stuart

After being injured as a pedestrian, you need an advocate who will fight for justice and maximize the compensation you receive. Every step after the accident will have influence on the outcome of your case. Hiring the right attorney is one of the most important first steps. Let us fight for you.

Call Lesser, Landy, Smith & Siegel

If you were hurt as a pedestrian in Stuart or anywhere in Florida, call Lesser, Landy, Smith & Siegel at (772) 283-6839 to see if you have a case. Your consultation is free and you pay nothing unless the firm wins. Our firm has been fighting for injured clients for nearly 100 years. Call today.

Stuart, FL Pedestrian Accident Lawyers