Being struck by a vehicle while walking can be one of the most frightening experiences a person will ever face, often leading to severe physical injury, emotional anguish, and financial instability. Knowing which steps need to be taken immediately, and over the coming days, after being involved in such an incident could play a pivotal role in both recovery efforts and protecting legal rights.
Florida pedestrian accident attorneys can be invaluable resources during difficult times, providing protection from insurance company tactics and fighting to secure fair compensation on your behalf. At Jiles & Fugate Law Group in Winter Haven, we assist injured pedestrians in taking legal steps after devastating incidents occur. Call Jiles & Fugate Law Group now on 863-875-6900 for your free consultation with an experienced Florida pedestrian accident attorney
What Are My Next Steps If Hit By a Car?
Safety should always come first. After being involved in a pedestrian accident, shock and adrenaline may mask serious injuries. Therefore, it’s imperative that one acts carefully and deliberately following such incidents.
As soon as a collision occurs, either you or someone nearby should call 911 immediately to dispatch law enforcement and emergency medical responders to the scene. Even if your injuries appear minor at first glance, be sure to have yourself examined medically for further evaluation, as some pedestrian injuries, such as head trauma and internal bleeding, might not appear instantly.
Once safe, remain at the scene until law enforcement arrives and rely on their report as support for your claim. A Florida pedestrian accident attorney may subsequently use this report as evidence in your favor and strengthen it further by using official accident reports as part of their defense strategy against liability or to support claims from injured pedestrians.
Why Is Medical Treatment Essential Following Pedestrian Accidents?
Seek medical assistance immediately, not only for yourself but for the sake of your case. Pedestrians do not possess physical protection from vehicles, and even low-speed collisions may result in devastating injuries such as broken bones, spinal damage, or TBIs.
Insurance companies frequently try to argue that delayed medical attention means injuries weren’t caused by an accident. By seeking prompt care and following your doctor’s prescribed plan for treatment, a clear medical record linking injuries caused by a collision can be established, helping your Florida pedestrian accident attorney obtain maximum compensation on your behalf.
What Information Should Be Gathered at the Scene, If Possible?
Gathering evidence at the scene may greatly strengthen your claim, including the driver’s name, contact info, license number, and insurance details, as well as witness contact info if applicable. Additionally, try collecting contact information from anyone who witnessed the accident at the scene.
Photographs can provide powerful evidence. Images showing the vehicle involved, injuries sustained by the pedestrians involved, traffic signals, skid marks, or the surrounding area can all help your Florida pedestrian accident attorney reconstruct the accident and demonstrate negligence on the part of those at fault.
Due to injuries, you may be unable to collect all the relevant information yourself. Don’t despair: your attorney can often obtain it later through investigation and official records.
Should You Contact the Driver/Insurance Company Directly?
After a pedestrian accident, emotions can run high. To best represent yourself and avoid admitting fault or making statements that can later be used against you in court proceedings, avoid making statements that might later come back to haunt you by saying or doing things that contradict what was intended or have consequences that extend far beyond their initial intention.
Care should also be taken when speaking to insurance adjusters, as their goal is to minimize payouts rather than protect your interests. Prior to providing any recorded statements or accepting any settlement offers, consult a Florida pedestrian accident attorney who can manage communication on your behalf and represent your best interests throughout this process.
Who Can Be Held Responsible When a Pedestrian Is Hit By a Car?
Drivers are typically at fault when pedestrians are hit by vehicles in Florida; drivers have an obligation to remain alert, obey traffic laws, and yield to pedestrians at crosswalks and intersections.
However, other parties may also share responsibility for an accident. These could include employers in cases of an on-the-job crash; government entities if poor road design or malfunctioning traffic signals contributed; vehicle manufacturers when defects caused an incident; as well as individuals involved.
An experienced Florida Pedestrian Accident Attorney will investigate all potential sources of liability to ensure no responsible party escapes accountability.
What If the Other Driver Alleges I Was at Fault?
Drivers and insurance companies frequently try to shift blame onto pedestrians for any resulting injuries by alleging jaywalking, distraction, or failure to pay attention. Florida follows a modified comparative negligence system, under which victims who contributed less than 50% are eligible for compensation so long as their relative negligence was less than 50%.
Even if it was your mistake, that doesn’t automatically disqualify you from recovering damages. A Florida pedestrian accident attorney can work on challenging unfair blame, providing evidence in your favor, and working to reduce any percentage of fault assigned to you.
What Compensation Is Available Following Pedestrian Accidents?
Pedestrian accident injuries can often be serious and life-altering, prompting victims to recover compensation that includes medical costs, lost wages, future loss of earning capacity, and rehabilitation costs; non-economic damages like pain and suffering, emotional distress, and loss of enjoyment could also be claimed back from insurers.
In cases involving extreme negligence, like drunk or distracted driving, additional damages may be available to victims of pedestrian accidents in Florida. A Florida pedestrian accident attorney will calculate not only immediate bills but also the total impact on both life and finances as part of their analysis of the claims value.
How Does Florida’s No-Fault Insurance Work For Pedestrians?
Florida’s no-fault insurance laws may be confusing for pedestrians. Their own Personal Injury Protection (PIP) coverage may apply if they own auto insurance; otherwise, any benefits provided under their driver’s PIP coverage could be limited or absent altogether.
PIP benefits may not cover serious or permanent injuries sustained as a pedestrian in Florida; when this is the case, a Florida pedestrian accident attorney can pursue legal action directly against any at-fault drivers for full compensation above no-fault limits.
How Long Should Pedestrian Accident Claims in Florida Be Filed?
Florida law gives injured pedestrians two years from the date of an accident to file a personal injury lawsuit and seek damages; missing this deadline may prevent you from recovering compensation in full. As evidence can quickly disappear and witness memories fade over time, it’s imperative to contact a Florida pedestrian accident attorney as soon as possible after your pedestrian accident occurs in Florida.
Why Hire A Florida Pedestrian Accident Attorney?
Insurance companies typically aggressively pursue pedestrian accident claims. Hiring an attorney with experience will protect your interests against being forced into making an unfair settlement agreement or being blamed for accidents you did not cause.
At Jiles & Fugate Law Group, our attorneys will handle every aspect of your case, from investigation and evidence gathering through negotiation and trial if necessary. Our services operate under contingency fee arrangements. Therefore, there will be no charge unless we win your case!
Questions Regarding Being Hit By a Car While Walking in Florida.
Q: Can I still file a claim if I wasn’t in a crosswalk?
Ans: While crosswalks provide additional protection to pedestrians, drivers still have an obligation not to hit pedestrians. An experienced Florida Pedestrian Accident Attorney will assess your particular circumstances to help with filing claims in such circumstances.
Q: What If The Driver Flees The Scene
Ans: Even if a driver flees the scene of your collision, compensation may still be recovered through Uninsured Motorist Coverage; an attorney can help explore all available avenues.
Q: Do pedestrian accident claims typically go to court?
Ans: Most cases settle out of court; however, your attorney should always be prepared to go to trial to secure fair compensation if necessary.
Q: How long does a pedestrian accident case usually last?
Ans: Every case differs. Some cases resolve in days; others take longer, depending on injury severity and any related insurance disputes.
Q: What should I do if a government vehicle hits me?
Ans: Claims against government entities require specific procedures and shorter timelines than claims filed with private defendants, so contacting a Florida pedestrian accident attorney immediately is key for recovering compensation for injuries sustained from these types of cases.
Conclusion
Your life can change quickly when hit by a car; medical expenses, pain relief costs, and uncertainty may seem insurmountable, yet knowing what steps should be taken after being involved in a pedestrian accident will put your health and future in better shape.
Jiles & Fugate Law Group provides reliable Florida pedestrian accident attorneys to guide clients through every stage of legal representation and fight hard for justice on your behalf.
Have You or Someone Close to You been Injured in an Auto Accident? Do not delay getting help after being struck by a car. Call Jiles & Fugate Law Group now on 863-875-6900 for your free consultation with an experienced Florida pedestrian accident attorney. You can also fill out this form and we will contact you soon.
