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Walking benefits your health. It is good exercise, both physically and mentally, and it is the least expensive method of getting from Point A to Point B. However, walking around Homosassa Springs also leaves pedestrians vulnerable to getting hit by a vehicle. While trucks and cars are the most frequent culprits, pedestrians are also struck by motorcycles, bicyclists, and skateboarders.
Pedestrian accidents usually have serious consequences. If the victim is fortunate enough to survive the impact, they may face months or years of recuperation. Many are disabled permanently and can no longer work.
An experienced Homosassa Springs pedestrian accident lawyer at Kogan & DiSalvo will hold those responsible for your injuries liable so that you may receive the maximum compensation you deserve.
Common causes and contributing factors to pedestrian accidents involve both motorists and those on foot. These include:
Under Florida law, “Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.” Violation of this and other pedestrian regulations is a noncriminal traffic infraction. However, pedestrians disregarding such traffic laws increase the risk of becoming an accident victim. Just as motorists must obey the rules of the road, so must pedestrians.
The driver of the vehicle striking the pedestrian is not always 100% responsible for the collision. If a pedestrian is under the influence of drugs or alcohol, they may not pay attention to where they are going. The same holds true for pedestrians paying more attention to their cellphones than the roadway. However, just because the pedestrian may prove partially at fault does not mean they cannot receive compensation.
Florida operates under a modified comparative negligence standard when it comes to liability. That means that if you were less than 50% responsible for the accident, you can still recover damages. However, any award is reduced by the percentage of fault assigned by a judge or jury.
For instance, if it is determined that you were 30% at fault for the accident, a $100,000 award is reduced by 30% to $70,000.
Many pedestrian accident victims are too badly injured to do anything other than hope the driver or a witness calls 911. If you are conscious and somewhat mobile, call 911 and report the collision.
Always seek medical attention right away, even if you do not initially think you were hurt. Even if the impact from the vehicle striking you seemed relatively mild, symptoms may take a while to appear. Failing to go to the emergency room or at least to an urgent care doctor not only jeopardizes your health but can seriously affect your claim. Wait too long to seek medical attention and the insurance company may allege that your injuries are not that bad or that they were caused by something else entirely.
If able, start documenting the accident scene immediately. Take photos of the area where the accident occurred, as well as the vehicle involved. Photograph your injuries, if possible. If there are eyewitnesses, obtain their names and contact information.
Make sure to keep track of any medical bills relating to your accident. That includes receipts for prescription medications and transportation expenses going to and from healthcare providers. The same holds true for lost wages due to the accident. If your injury prevents you from doing this, ask a family member or friend to help with the documentation.
Get in touch with a Homosassa Springs pedestrian accident attorney as soon as possible. Never agree to an insurance settlement before obtaining legal counsel. Once a settlement agreement is signed, there is no going back if it turns out the amount was insufficient to cover your medical expenses or long-term care needs.
In an instant, the lives of pedestrian accident victims are turned upside down. During this difficult time, they must focus on recovery. The last thing they want to do is deal with the at-fault driver’s insurance company where, due to their condition and inexperience with dealing with insurers, they are at a definite disadvantage.
A pedestrian accident lawyer handles the details of the claim and negotiates with the at-fault party’s insurance company. Insurance companies want to settle for as little as possible. That is their business plan. When you have a seasoned pedestrian accident lawyer representing you, the insurance company knows it cannot get away with a lowball settlement offer.
In Florida, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. To keep valuable evidence from disappearing, contact a pedestrian accident lawyer as soon as possible after your accident. Such evidence may include surveillance videos that capture the accident and its aftermath.
A pedestrian accident lawyer also identifies all potential defendants in your claim. While the driver of the vehicle that hit you is an obvious defendant, much depends upon the circumstances surrounding the accident.
For instance, if the car went out of control due to a vehicle defect, the manufacturer may prove liable. There are situations in which the city may hold some responsibility. If a traffic signal or other traffic control device malfunctions and a person is hit, the city may become a defendant in the personal injury lawsuit.
Under Florida’s no-fault system, the injured pedestrian’s own auto insurance foot the bill for their injuries up to the limits of their Personal Injury Protection (PIP) insurance. In order to drive legally, Floridians must carry at least $10,000 in PIP.
If the pedestrian does not have a motor vehicle and thus no auto insurance, the driver’s PIP insurance should pay the medical bills up to the coverage limits. The same holds true if the pedestrian does have auto insurance, but their PIP is not sufficient to pay their medical expenses.
Only after PIP coverage is fully utilized can the pedestrian accident victim file a personal injury lawsuit against the driver.
Many pedestrians fall victim to hit-and-run drivers. If the driver is not identified, the pedestrian may file for uninsured/underinsured motorist (UM/UIM) coverage from their own insurance carrier if the accident victim is also a driver.
Compensation, or damages, for a pedestrian accident may include:
Unfortunately, many pedestrian accident victims do not survive. In Florida, the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of surviving family members. The statute of limitations for filing a wrongful death lawsuit in Florida is two years from the death date.
If you or a family member were seriously hurt in a Florida pedestrian accident due to a driver’s negligence, you need the services of a Homosassa Springs personal injury lawyer at Kogan & DiSalvo.
Schedule a free, no-obligation consultation today. While most claims are settled, we will take your case to trial if the insurance company refuses to agree to a reasonable settlement offer. Since we work on a contingency basis, you pay no fee unless you receive compensation.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.
