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.
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.
According to U.S. official statistics, a pedestrian is harmed in a traffic accident on average every 8 minutes, and one pedestrian is killed every 2 hours. All too often, drivers are inattentive to the presence of individuals and don't sufficiently look in the direction their car is traveling, but other contexts may contribute as well, like brake failures, negligence of road signs or excessive speed. However, it's essential for pedestrians to ensure safe crossing.
How Can The Law Offices of Sean M. Cleary Help?
Just like in other accidents, it is compulsory to hire a personal injury lawyer with considerable experience, right from the start, who will conduct the investigation of the crash, will deal with the paperwork and settle with the insurance companies. Building such a case requires prompt actions like securing and preserving evidence, and this comes with a valuable expertise built in time.
If you've been a victim of a pedestrian accident, you need to consult with an attorney to help you establish legal claims against the driver or other third parties. To build a strong case, you have to provide the lawyer with all the relevant pieces of evidence related to the accident. Here's a brief checklist:
a police report with detailed eyewitness statements
copies of medical records
medical bills and anything that helps establish the nature and extent of your injuries
photographs that were taken at the scene
details about the driver's insurance company
Liability for Pedestrian Accidents
When a pedestrian accident occurs, the victim has the right to seek financial compensation and can file a claim against the driver's or car owner's auto liability insurance policy.
Besides the driver being directly involved in these cases, third parties such as municipalities or property owners can be held liable if they were partly at fault. When a driver hits a pedestrian, one of the questions that arise is: whose fault was it? The law of negligence determines the responsibility. Both the driver and the pedestrian can be negligent. Some states (Florida included) follow a 'comparative fault' rule which says that the financial compensation a pedestrian can receive is directly related to the degree of negligence. Therefore, if an accident occurs, and it was 60% your fault, only 40% of your damages can be covered.
Pedestrian Accidents in Florida Legislation
In the state of Florida, the deadline to file a personal injury lawsuit also called 'statute of limitations' is four years starting from the date of the accident. By missing this time limit, your claims are dismissed.
Florida observes a 'comparative fault' rule, which states that the financial compensation a pedestrian can receive is directly related to the degree of negligence.
Florida law, section 316.130(15) states that every driver has an obligation to actively look for dangerous situations in the roadway and try to avoid collision with any pedestrian or human-powered vehicle. They also must give warning when necessary and slow down below the speed limit to avoid a collision.
For further details, please check Florida Statutes, section 316.130 for pedestrian's duties and 316.2065, which codifies bicycle regulations
What Do Victims of a Pedestrian Accident Need to Do?
In the first few days after the crash, you are advised to:
write down as many details related to the circumstances of the accident as you remember
detail your injuries and any other losses
collect items at the scene and take photographs
talk to the eyewitness because they might be key factors in your legal claim
notify anyone who is at fault for the accident about your intention to file a claim for your injuries, especially if a third party is involved
seek a personal injury lawyer's advice to help you evaluate your claim
What Do Drivers Have to Do Immediately After the Accident?
Most drivers involved in a pedestrian accident are extremely upset immediately after the crash and can make some mistakes. Here are some tips you have to consider:
try to remain calm and focused on the situation
make sure all victims are in a safe place
don't attempt to administer medical care beyond what is required of you in an emergency (CPR for instance)
contact medical and legal entities such as police, medical care providers, your and the pedestrian's insurance companies and a lawyer (if you're facing possible criminal charges for the accident)
give truthful statements about the circumstances and timeline of events to the police and the insurance company experts arrived at the scene
avoid talking too much with individuals present at the scene (stating your guilt for example) because those statements can be used against you in a personal injury lawsuit. To avoid unnecessary complications, if you must communicate, it's better to talk to the parties involved (pedestrian's lawyer, insurance company, friends or family members) only in the presence of your lawyer
As a responsible driver in a pedestrian accident, your right to coverage may also arise from "umbrella" policies, insurance policies of family members, your employer or a rental car company.
Common Pedestrian Accidents Questions
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.