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Many people consider walking a safe activity until they get too close to moving vehicles.
A pedestrian accident could happen to anyone walking on or along the road. If you or a loved one is involved in a pedestrian accident, our Florida pedestrian accident lawyers can help you. They are ready to fight for your rights and help you collect the financial compensation you deserve.
According to National Highway Traffic Safety Administration (NHTSA) statistics, there were 6,516 pedestrians killed and around 55,000 pedestrians injured across the U.S. in 2020.
Contact Denmon Pearlman Law Firm offices in St. Petersburg, Tampa, New Port Richey, and Brooksville for a free consultation with a Florida pedestrian accident lawyer to explore your legal options. No fee unless you win!
Filing a Claim in Florida for Pedestrian Accident Injuries
Florida’s no-fault policy states that you must first turn to your own insurance provider to file a claim for personal injury coverage. However, if the insurance coverage isn’t sufficient for the medical expenses you accumulated due to the accident, you can pursue a personal injury lawsuit against the driver. But to do that successfully, you must prove the at-fault party’s negligence and complete your pedestrian accident claim within Florida’s Statute of Limitations.
Proving Negligence After a Pedestrian Accident
You will need to prove the driver was negligent in three key ways:
- The driver had a legal duty of care – in this case, being a responsible driver. A driver’s responsibilities include having a driver’s license, obeying all traffic laws, yielding to pedestrians, and applying necessary defensive driving techniques to prevent a pedestrian accident.
- The driver breached the duty of care.
- The breach caused the damages and injuries you sustained.
Statute of Limitations for Pedestrian Accidents
In Florida, you have four years from the time of the pedestrian accident to file a personal injury claim and two years for a wrongful death claim.
Recovering Compensation If You Are Partly At Fault
The driver may argue that you were partly responsible for your injuries. For instance, a pedestrian ran out into oncoming traffic, and the driver didn’t have enough reaction time to slow down or stop. In this situation, the jury determines each party’s percentage of compensation under Florida’s comparative negligence policy.
Economic and Non-Economic Damages
Pedestrian accident victims are entitled to collect economic damages, non-economic damages, and sometimes punitive damages. Economic damages are compensation for the financial costs that resulted from an accident, including medical costs, prescription medication, physical therapy, loss of income, and loss of future earning capacity.
Non-economic damages are the intangible long-term impact of your injuries, including pain and suffering, mental anguish, emotional distress, loss of consortium, and loss of enjoyment of life. Sometimes punitive damages may be awarded if the driver’s actions were intentional or malicious.
When you hire an experienced Florida pedestrian accident lawyer, you’ll be compensated for all damages and injuries you sustained from the accident.
Common Causes of Pedestrian Accidents
Pedestrians are some of the most vulnerable individuals in a traffic accident because they usually have little to no protection once a vehicle hits them. Even a small car coasting at a slow speed of 20 miles per hour can cause damage to a pedestrian. This is why pedestrians usually have the right of way according to traffic laws. These are common ways pedestrians end up in an accident:
- Drunk driving or using illegal drugs
- Distracted driving by talking on the phone or texting
- Ignoring traffic signs and signals
- Driving recklessly or speeding
- Failing to slow down in residential areas
- Failing to yield to the right of way traffic and pedestrians
- Driving in reverse or backing-up
To collect maximum compensation for your damages and injuries, you should document the accident in as much detail as possible. That way, once you hire an experienced attorney, they can determine who is at fault, hold the negligent driver accountable, and reach a fair settlement.
Pedestrian Accident Statistics
In a recent 2021 report, Florida ranked 2nd for the most pedestrian fatalities in the U.S. behind California. Unfortunately, the death count grew from 716 deaths in 2020 to 899 deaths in 2021, creating a 25% increase in pedestrian fatalities.
Most Common Florida Pedestrian Injuries
When pedestrians are struck by a vehicle at full speed, the injuries are often severe and even fatal. The most common ways pedestrians get injured include:
- Soft tissue injuries such as damaged muscles, ligaments, and tendons.
- Broken bones and fractures.
- Head and brain injuries.
- Spinal cord injuries.
Your top priority right after an accident is your health. Consider hiring an experienced Florida personal injury lawyer to take the financial weight off your shoulders so you can focus on your recovery from the accident.
What to Do If You’re Involved in a Pedestrian Injury Accident
In Florida, you’re required to file a police report if there was more than $500 worth of damage or catastrophic injuries due to the accident. After getting a hold of the police, take the following steps to recover your health and financial losses quickly.
Seek Medical Attention
See a doctor even if you think you don’t have any injuries. Injuries can appear weeks or months after the accident. Get a physical checkup to prevent any severe injuries from worsening and gather medical records as proof for your personal injury claim.
Take Photos At The Scene
If possible, take photos and video footage of the accident scene, visible injuries, the surrounding area, road conditions, and any property damage. You’ll submit this as proof of fault for your accident claim.
Report The Accident To Police
Contact the police if you were hit by a car. Truthfully tell the officer how the accident happened without admitting fault. The driver’s insurance company will use the report to determine who was liable for the accident.
File An Insurance Claim
Don’t put off filing an insurance claim for too long. Florida’s Statute of Limitations allows for four years for pedestrian claims and two years for wrongful death claims.
Get Follow-Up Medical Care
Follow your doctor’s treatment plan carefully so you can fully recover and strengthen your personal injury case.
Keep All Your Receipts
Keep track of all your medical bills, lost wages, and other out-of-pocket expenses related to the accident. You will need to provide all these bills and receipts to get the fair compensation you’re looking for.
Hire A Florida Pedestrian Accident Attorney
Seek a pedestrian accident attorney to get comprehensive legal advice. You might have a valid claim against the driver. But unfortunately, sometimes the driver’s insurance company would go to great lengths to deny accountability. Our personal injury attorneys can work with the at-fault driver’s insurance company on your behalf to get you the compensation you deserve.
How Our Florida Pedestrian Accident Injury Law Firm Can Help You
No one should be able to get away with causing you unnecessary pain and suffering. With the help of an experienced Florida pedestrian accident lawyer, they’ll make sure to hold all liable parties accountable.
Our experienced pedestrian accident attorneys will initiate a thorough investigation into the accident scene and collect all the evidence needed to maximize your compensation. When it comes to our work, you don’t have to worry. Our legal team will do all the dirty work while you focus on getting your life back on track.
Contact us at Denmon Pearlman Law Firm for a free consultation with a Florida pedestrian accident lawyer. No fee unless you win!
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