Seriously this man and his team are the best in Miami! I was lucky enough to find Sean and have him represent me after an auto accident that left me injured and with many bills, i couldn't really pay. He is the most honest lawyer I have ever met and truly cares about the people he and his office have helped. They argued with my insurance company and my medical insurance. They are really good at what they do and they fight for you like no one would!
My wife and I were referred to Sean Cleary by another Attorney. He was very highly recommended and, I must say, very deservedly so. Sean is very diligent in his work; his preparation is phenomenal and his presentations are something to behold. He is very accessible if you have any questions. He always takes the time to fully explain in language you can understand. We highly recommend anyone needing help...talk to Sean Cleary.
Sean is an outstanding professional, transparent and very diligent; he personally dedicated time and attention to my case; he always responded my calls promptly, keeping me informed all the time.
His knowledge and advises are very accurate and valuable. Definitely, great lawyer.
I would highly recommend Sean Cleary. Not only is he a very knowledgeable attorney he takes the time to explain the law to ensure you understand every aspect of your case. He is also very sensitive to the needs of you and or your family during very trying times.
From day one, Mr. Cleary had faith in my case. He paid attention to every detail with great professionalism. He did not shy away from any challenges and went the extra mile to provide what he promised.
If you have a problem or have been wronged, Sean Cleary is the man to talk to. Had a fantastic experience with Sean and all of the friendly, helpful and professional staff of the firm. If Sean accepts you as a client and agrees to represent you, you'll be in the best of hands.
According to DMV Florida statistics, in a recent year in Miami, 58 pedestrians were killed and 1,357 injured in 1,546 crashes involving pedestrians. During a ten year period, 5,149 pedestrians have lost their lives on Florida highways, and an additional 76,935 have been injured. In fact, one pedestrian is killed every two hours in the U.S. In Florida, forty-eight percent of pedestrians are killed when crossing the road but not at an intersection, just over 13% of pedestrians are killed when crossing the road at an intersection, and six percent are killed while walking along the road with traffic. Miami-Dade has the highest number of pedestrian fatalities in the state.
Common Causes of a Pedestrian Accident
Pedestrian accidents involving bodily injury can occur on streets, roads, avenues, boulevards, state roads, sidewalks or crosswalks. They can be caused by cars, trucks, motorcycles, scooters, bicyclists, Uber or Lyft drivers, smart cars or even golf carts. Even a car driving only 10 miles an hour may severely disable a pedestrian. The true tragedy of pedestrian accidents involving bodily injury is that the pedestrian has no protection and usually suffers the worst in any collision.
Common causes of pedestrian accidents include:
Failure to observe speed limits
Failure to use turn signals
Text messaging and cell phone use
Driver impaired by alcohol or drugs
Driver disobeying traffic signals or signs
Florida drivers have a legal duty to watch for pedestrians and any other potential hazards on the road. If you were injured by a motorist and have incurred medical costs or had to miss work, you may be entitled to financial compensation. Likewise, if a family member was walking and was killed by a motorist, you may be entitled to wrongful death damages.
Drivers have supplementary duties upon spotting on the road a child or an incapacitated adult. The motorist may need to slow down or yield to avoid them unless they ran into the street in such a way that a reasonable driver would not have anticipated them.
Pedestrians also sometimes are partly responsible for accidents that result in their own injury, but it’s important to point out that Florida law adheres to a comparative fault model, per Section 768.81 of the Florida Statutes, which means those injured are not stopped from collecting damages just because they shared some of the blame.
Recovering Damages in a Florida Pedestrian Accident
Your injuries could lead to many hospital visits, which could mean some serious medical expenses. They could also stop you from going to work, and losing wages. Our personal injury lawyer understands just how detrimental it can be to go through a pedestrian accident, and we strive to make sure you are fairly compensated for your injuries.
If you have suffered an injury in a pedestrian accident, you may have legal recourse. Compensation could include reimbursement for:
Our injury attorney is adept at auto insurance negotiation, but we also have the resources to take your case to trial if it is in your best interest. We recognize that recovering damages can be more complicated than in other situations, mainly because of the high number of hit-and-run pedestrian crashes.
In those cases, uninsured/underinsured motorist coverage may come into play.
Who Is Responsible for a Pedestrian Accident in Florida?
There are a few avenues we may explore in collecting damages stemming from a pedestrian accident.
Personal Injury Protection (PIP) Benefits. PIP benefits will be derived from your auto policy, up to $10K. If you don't have an auto policy, you can collect PIP benefits from the driver’s insurer.
Claim for Additional Damages. Damages often exceed available PIP benefits in pedestrian accidents. In this case, you can file a claim for additional damages and prove the driver was in some way negligent.
Claim for UM/UIM Benefits. If the driver fled the scene or doesn't have insurance or enough coverage for you to seek additional benefits, you may still seek UM/UIM benefits through your own auto insurance company.
How Can The Law Offices of Sean M. Cleary Help If You've Been Involved in a Pedestrian Accident?
If you were struck by a vehicle, you may be entitled to recovery. The Law Offices of Sean M. Cleary can help you by investigating every aspect of your accident and evaluating all the evidence so that you can make a complete recovery.
Our Miami pedestrian accident lawyer will gather the police report, the fire rescue records, and emergency room and hospital records. We will use qualified experts to investigate the facts of your accident. We regularly work with accident reconstruction experts to determine what happened in your pedestrian accident.
Sometimes it is necessary to retain a biomechanical expert who is an expert in engineering and the medical field and can explain the forces involved and the traumatic impact on the human body. Sean M. Cleary will work to prove your case to ensure it is resolved to your satisfaction.
Should I Hire an Attorney After a Pedestrian Car Accident? »
Yes, if you were involved in a pedestrian accident, it is highly recommended to hire an attorney who can help you navigate through this difficult situation. An attorney will help you set in motion an investigation into the circumstances of the accident, will collect relevant evidence from the scene and witnesses, and will deal with police reports, medical reports, and insurance companies.
Can a Pedestrian Hit by a Car Receive Financial Compensation? »
Yes, if you are a pedestrian that was hit by a car you can receive financial compensation, usually against the driver’s insurance. The compensation received is in direct relation to the driver's degree of negligence, as well as yours. In order to make sure that you receive just compensation for a pedestrian accident, discuss with a personal injury attorney.