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Whether you walk to work, to school, for exercise, or simply on a quick errand, you are at risk of being involved in a pedestrian accident. If drivers fail to drive safely and reasonably, simply walking along the street can quickly become a dangerous activity.
A pedestrian accident can be disastrous, and many individuals suffer broken bones, head or spinal injuries, and chronic pain as a result. Fortunately, the hard-working attorneys at Kogan & DiSalvo could investigate the cause of an accident, injuries and harm sustained, and how negligence may have played a role. Though recovering after an accident may be confusing and frightening, a Wellington pedestrian accident lawyer could provide the legal assistance you need to heal.
A Driver’s Duty of Care
When pedestrians suffer injuries in a motor vehicle accident, they have the legal right to pursue a civil claim against the responsible driver. All drivers have a duty to drive safely, obey traffic rules and regulations, and generally watch out for the safety of others, including pedestrians.
When drivers fail to abide by this duty, they may be engaging in negligent behavior. While not all collisions amount to negligence, pedestrian accident lawyers in Wellington could help injured people investigate claims and hold at-fault drivers responsible for their actions.
Damages in Pedestrian Accidents
Pedestrians are legally allowed to seek compensation for the harm they suffer after being hit. An injured pedestrian in Wellington may request their accident attorney help evaluate compensation for economic and non-economic damages.
Economic damages may include compensation for:
- Medical expenses, including medication and on-going care
- Hospital bills
- Lost income
The costs associated with a pedestrian accident can be extremely high. Consequently, injured pedestrians may wish to consult a pedestrian accident lawyer in Wellington before accepting any potential settlement offers to ensure the compensation fairly reflects harm sustained.
Shared Fault Under Wellington Law
In many cases, multiple parties could share fault in a pedestrian accident. Just as Wellington drivers owe a duty of care, pedestrians have a similar responsibility to respect the right of way, sidewalks, and crosswalks.
When pedestrians fail to abide by these rules, they may be held partially responsible for an accident and resulting injuries. To account for this shared responsibility, Florida Statutes §768.81 outlines the theory of comparative fault.
In Florida, sharing responsibility for an accident does not bar an injured pedestrian from seeking recovery. However, if a plaintiff is found to bear some fault in an accident, the court may choose to reduce the amount of compensation available by their corresponding percentage of fault.
Insurance companies and defense attorneys may attempt to use this legal theory to place inflated blame on an injured person. Therefore, injured people may wish to have meticulous Wellington pedestrian accident attorneys review their case and determine if shared fault contributed to an accident. Determining this prior to a settlement or trial could help protect against unwarranted claims of comparative negligence.
Contact a Wellington Pedestrian Accident Attorney Today
No two pedestrian accidents are alike. The injuries sustained range in severity, and compensation is different in every case. For this reason, it may be beneficial to get advice from a Wellington pedestrian accident lawyer quickly after a motor vehicle strikes you while you were walking.
With the assistance of a diligent Kogan & DiSalvo personal injury attorney, you could seek the compensation needed to recover from your injuries and move on with your life. Schedule a free consultation to take the first step towards recovery and allow our experienced team to help with your case.
