If you were injured in a pedestrian accident, you may be overwhelmed. The last thing you may want to worry about is the legal involvement to come. An Indian River pedestrian accident lawyer could help you deal with this incident. Figuring out how you are going to pay for your medical treatment, especially if you had to take time off work, could be scary, but a team of skilled attorneys could guide you through the process.
They could answer any questions you have, help you file all the necessary claims and paperwork, and deal with the insurance companies so you may have the opportunity to focus on what is most important: healing. With a compassionate personal injury lawyer by your side, you could have someone in your corner every step of the way.
The first thing to understand about pedestrian accidents is how insurance works. Under Florida Statutes § 627.736, Florida requires all drivers to carry a minimum of $10,000 of personal injury protection (PIP) insurance.
Florida is also a “no-fault” state when it comes to PIP, meaning a pedestrian could file a claim against their own automobile insurance or could file a claim against the driver’s insurance, regardless of who caused the accident.
The other important factor in pedestrian accidents to consider is which person is liable. The traffic laws regarding pedestrians are found in Florida Statutes § 316.130. Section 316.130(15) states that all drivers must exercise due care to avoid colliding with pedestrians.
These laws also impose a number of duties on pedestrians, including that they obey all pedestrian signals (§ 316.130(2)), refrain from walking on the roadway where sidewalks are provided (§ 316.130(3)), walk only on the shoulder of the left-hand side of the road if there are no sidewalks, and yield the right of way to vehicle traffic when crossing the street outside of a marked crosswalk.
Under Florida Statutes § 768.81, Florida is a comparative fault state. What this means is that if the driver in a pedestrian accident is liable for the collision, but the pedestrian is also partially liable, the pedestrian’s ability to recover from the driver may be reduced to the amount that they are determined to have contributed to the accident. An Indian River pedestrian accident lawyer may know a suitable way to go about dealing with such a circumstance.
There are many factors to consider if you were injured in a pedestrian accident. Filing insurance claims is the first step, but if insurance does not cover all your expenses, or if the driver who hit you does not have insurance, you may have to take them to court.
Pedestrian accident cases could be complicated, but a team of dedicated attorneys may be available to help. An Indian River pedestrian accident lawyer could work with you through each step. They could take on the heavy lifting for you so that you may focus on putting your life back together. Call today for your free consultation to learn what your options are following a pedestrian accident.
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