Winter Haven Pedestrian Accident Lawyers Helping Clients Fight to Recover Compensation for Their Injuries
Accidents involving a pedestrian and a motor vehicle are potentially catastrophic, as pedestrians are completely unprotected in the event of a collision. The resulting injuries are typically very serious. An individual can be hurt after being struck by the vehicle and suffer secondary injuries after being thrown against a sidewalk or other obstacle. Our attorneys have assisted many pedestrians injured after an accident with a motor vehicle to receive compensation — here are some important aspects you need to know if you are in a similar situation.
Are There Laws Protecting Pedestrians in Florida?
In Florida, there are laws for both drivers and pedestrians to follow in order to stay safe. For example, pedestrians have the right of way when crossing a road on a marked or unmarked crosswalk; however, a pedestrian should use good sense and not enter a crosswalk when a vehicle is already driving on it.
Likewise, a pedestrian should not walk or jog on the roadway if there is a sidewalk available. A driver that veers into the sidewalk and hits a pedestrian may be at fault for any injuries, but if the pedestrian was using the roadway when he or she should have been on a sidewalk, then the pedestrian may share responsibility for the accident. It’s important to note that all cases are different so it is best to consult with an attorney to determine the strength of your case.
Who Is Financially Liable for a Pedestrian Accident in Florida?
In a pedestrian accident, the party who is determined to be mostly at fault for the accident will be held financially responsible for resulting damages. In other words, if you were hit by a distracted driver who ran a red light while you were entering a crosswalk, that driver (and/or their insurance company) will need to pay for your medical bills.
In some cases where the pedestrian is found to be partially responsible for the accident, Florida’s pure comparative negligence rules will apply. For example, suppose the pedestrian was making an illegal crossing outside of a marked crosswalk. The driver of a motor vehicle was talking on the phone and not paying attention to the road, and ended up hitting the pedestrian without ever trying to swerve or hit the brakes. Both parties share some responsibility for the accident. The pedestrian may still receive compensation, but the amount of money he or she will be eligible for will be proportionally reduced by the percentage of blame assigned to that pedestrian.
What Kinds of Damages May Be Available for Recovery After a Pedestrian Accident?
A pedestrian accident is considered a personal injury claim, and damages available for recovery may include both economic and non-economic damages. After an accident, the injured individual will usually require medical care and rehabilitation, and may be unable to work until fully recovered. In addition, he or she may have suffered property damages (including damages to personal items such as a laptop or a smartphone). These are all considered economic damages with a tangible value.
Non-economic damages are subjective and address factors such as pain resulting from your injuries, mental anguish and suffering, and psychological distress resulting from the traumatic experience. These are harder to prove, but may be included in a final settlement if you are able to demonstrate that you suffered significantly after the accident.
How Can a Florida Pedestrian Accident Attorney Help Me?
If you are a pedestrian hurt by a driver of a motor vehicle, it is important to have a strong legal team on your side. By hiring a pedestrian accident law firm like Jiles Law, P.A., you can leverage our knowledge and skills to negotiate the best possible outcome for your case. We will work with insurance companies and handle every aspect of your case for you. If an agreement can’t be reached outside of the courtroom, we will take your case to trial and fight to secure maximum compensation for your injuries. Call our Winter Haven, FL office at 863-875-6900 and schedule a no-commitment case analysis to see how we can help.