Lake Worth Pedestrian Accident Lawyer
While walking could be an enjoyable way to exercise and get around town, crossing intersections or walking along the shoulder of a road may be precarious in areas or times with increased traffic. In the event of a collision between a vehicle and a pedestrian, the latter party typically has a far greater risk of substantial injury than the former.
If you are a pedestrian who was struck by a motor vehicle, the first thing you could do before speaking to an insurance agent or an attorney may be to seek proper medical treatment for your injuries. After your medical needs are addressed, you may be recommended to strongly consider speaking to a Lake Worth pedestrian accident lawyer. Our seasoned personal injury attorneys at Kogan & DiSalvo could offer advice on protecting your rights while you recover.
Pedestrian Accidents and Claims for Damages
There are a variety of compensatory damages to which injured pedestrians may be entitled under Florida law. Economic damages, which may include compensation for medical bills, current and future lost income, and the costs of future long-term care, may all be sought in a pedestrian accident claim.
While these damages may be easily documented by a dollar amount, other less straightforward damages, which may include reduced earning potential and general pain and suffering, may need to be reviewed by experienced pedestrian accident attorneys in Lake Worth to properly quantify them. Our attorneys at Kogan & DiSalvo could provide steadfast legal counsel on how to quantify damages.
Determining Legal Negligence
To begin recovering potential damages, a plaintiff must initially determine whether the actions of the driver allegedly responsible for a pedestrian accident meet the definition of legal negligence. The driver could bear civil liability for injuries sustained if responsibility was determined.
Pedestrian accident claims based on negligence require plaintiffs to prove the following elements apply to their situation:
- The driver had a legal duty to act in a manner that reasonably protects the safety of others
- The driver violated that legal duty by acting carelessly or recklessly
- Breaching this duty of care was the direct or proximate cause of the accident
- The pedestrian suffered physical injuries as a direct result of the accident
Our Lake Worth pedestrian accident lawyers could help an injured person prove these elements in a case.
There is a reasonable expectation of care that both drivers and pedestrians in Florida typically take, which may include obeying all traffic laws. Pedestrians must adhere to Florida Statutes §316.130, which outlines safe pedestrian actions when it comes to the right-of-way, crosswalks, and traffic signals.
If pedestrians fail to abide by these rules, they could bear some responsibility for their own injuries. This might not exclude a person from being able to collect damages. When an accident occurs in which fault is attributed both to pedestrians and drivers, these cases could be subject to Florida Statutes §768.81. Our dedicated lawyers at Kogan & DiSalvo could help a plaintiff understand how fault may be placed in their personal injury case.
This statute provides that pedestrians who are partially at fault for their own injuries may not recover 100 percent of their compensatory damages. If the court finds a pedestrian to be 30 percent at fault for an accident, they would be limited to recovering 70 percent of their total compensatory damages.
Speak with a Lake Worth Pedestrian Accident Attorney
Pedestrian accidents may raise complicated legal issues. Kogan & DiSalvo’s dedicated attorneys could provide a free consultation to those involved with pedestrian accidents to help shed light on how to proceed following such an incident.
The circumstances and details surrounding an incident can have a significant impact on a pedestrian’s ability to file a claim based on negligence. If you were involved in a pedestrian accident, it may be advisable for you to consult a Lake Worth pedestrian accident lawyer who may be able to help while you heal.