Pedestrian accidents are often serious or even deadly for walkers who do not have anything to shield them from the force of a vehicle strike. Unfortunately, pedestrians face a substantial risk of becoming involved in an accident on Florida’s roads due to negligent drivers.
If you or someone you love was hurt or killed in an accident while walking, you may have the right to recover monetary compensation from the at-fault driver. A Carrollwood pedestrian accident lawyer can help you understand your options and fight for the justice you deserve.
Compensation after a pedestrian accident
If you or someone in your household has auto insurance and you become involved in a crash as a pedestrian, you are likely covered by personal injury protection (PIP). This insurance coverage can pay for some of your pedestrian accident damages. PIP is a required type of insurance in Florida because the state is a no-fault state.
In no-fault states, each injured victim of an auto or pedestrian accident will be expected to get costs covered by their own PIP policy, no matter who is to blame for the incident. This is the case for more minor injuries. PIP will pay for partial medical bills and lost wages in these situations.
If an injury rises to the required level of severity, however, then victims can take action to claim compensation from those at fault for the pedestrian collision. This means a walker can seek compensation for serious injuries from the driver of the vehicle that caused the crash to occur.
If the pedestrian can show the other driver was to blame, the walker should be entitled to payment for medical bills, lost wages, pain and suffering, emotional distress, and any other resulting damages.
Because Florida is a modified comparative fault state, victims can even take action to recover partial damages, as long as the other motorist was at least 51% at fault.
How do pedestrian accidents happen
Pedestrians can get compensation only by showing that a defendant was unreasonably careless or violated safety rules and thus should be responsible for the resulting damage. There are many potential causes of pedestrian crashes, including:
- Distracted Driving
- Drowsy driving
- Reckless driving
- Speeding
- Unsafe lane changes
Pedestrian distraction can also play a role, especially if a pedestrian is distracted by an electronic device, such as when someone walks across the street while looking at their phone.
The right Carrollwood pedestrian accident attorney can help you get justice
While pedestrian accident victims should be fully compensated for all damages, or “made whole,” for their losses, it is up to accident victims to navigate the legal system in order to make that happen. Diaco Law can help. A Carrollwood pedestrian accident attorney at our firm can:
- Help to determine the root cause of the crash using witness testimony, physical evidence from the crash scene, and expert witnesses.
- Assist the pedestrian in identifying all potential defendants, which could include a careless driver, those responsible for road design if unsafe roads played a part, or even vehicle manufacturers if a problem with the car, like faulty brakes, was ultimately the cause
- Negotiate effectively to settle the claim. Many pedestrian accidents settle outside of court, and this option can be faster and easier if the settlement offer is fair.
- Go to court if necessary to ensure you don’t leave money on the table that you deserve
These are just some of the many ways that an experienced legal professional can assist you if you’re hurt while walking on Florida’s roads.
Give Diaco Law a call at (813) 221-7978 today or contact us online to schedule a consultation with a Carrollwood pedestrian accident lawyer to learn more about how we can help you.