Pedestrian accidents can lead to significant and long-lasting injuries as well as expensive medical treatment. Broken bones, paralysis, brain injuries, and even death are commonly associated with pedestrian accidents involving motor vehicles.
If you were injured while walking to your destination, call a Belle Glade pedestrian accident lawyer to discuss your legal options. A personal injury attorney from our team could evaluate your case, help you proceed with a claim, and potentially maximize your financial recovery. En Español.
Commonly Reported Pedestrian Injuries
Pedestrian accidents often involve injuries in the lower extremities. Injuries to the neck, face, and head are also common. Broken bones, cuts and bruises, and severe head trauma are among the most commonly reported pedestrian injuries.
The most fatal injuries are those which impact a person’s chest and head. Even if a person’s condition is not fatal, it may cause permanent disabilities and require ongoing medical treatment.
Options for Financial Recovery
Florida is a no-fault state, which means that most accident victims must file a claim through their own personal injury protection (PIP) coverage. Florida law require every registered driver in the state to carry PIP coverage, which pays for some of an individual’s medical bills after an injury. PIP is applicable regardless of who is responsible for causing the incident.
If a driver was at-fault for a pedestrian’s losses, the injured party may file a claim and recover some damages under the motor vehicle operator’s insurance policy. Otherwise, a claim must meet certain requirements to step outside of the no-fault system.
If the at-fault motorist does not have sufficient insurance to cover the victim’s losses or it is not possible to reach an out-of-court settlement, the injured pedestrian may file a claim in civil court to seek damages. Determining liability for a pedestrian accident and identifying which insurer to file a claim with could be tricky without the advice and counsel of a Belle Glade attorney.
Compensation for Injured Pedestrians
PIP would cover an injured individual’s medical bills and lost income until policy limits are exhausted. For a more complete recovery of other losses such as pain and suffering, the injured person would have to pursue a civil claim against the defendant driver.
A Belle Glade pedestrian incident attorney could help establish that the driver’s negligence caused the accident which resulted in serious injuries to the claimant. An injured pedestrian or their surviving relatives may recover damages such as:
- Medical bills
- Past and future lost income
- Mental anguish
- Pain and suffering
- Funeral expenses in the event of wrongful death
In most situations, Florida Statutes §95-11(3)(a) gives injured pedestrians four years from the date of the accident to file a lawsuit for damages. The attorneys at Domnick Cunningham & Yaffa could help a claimant adhere to this important legal deadline.
In cases where a negligent defendant alleges that a pedestrian is partly responsible for their own injuries, the plaintiff may see their compensatory award reduced. For example, the at-fault driver may argue that the claimant was crossing the street while texting, and the court may find them partially liable for the accident.
Local courts are mandated by state law to use comparative fault to determine liability in civil cases, which means injury victims may still recover compensation even if they are found partly responsible for the accident that caused their losses. However, an injured pedestrian who is found to have contributed to their own damages would have their total compensation reduced in proportion to their assigned percentage of blame.
Consult with a Belle Glade Pedestrian Accident Attorney Today
A Belle Glade pedestrian accident lawyer could answer all your questions about filing a claim for compensation. Due to the unique insurance-related and legal considerations that may arise in a pedestrian incident claim, it is vital to seek legal counsel before taking initiating litigation with an at-fault driver. Call our office today for an initial consultation with a seasoned professional.
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