When a pedestrian is hurt or killed due to another motorist’s negligence, the victim or their family can have a legal claim for compensation against the at-fault party. An Indiantown pedestrian accident lawyer could help you understand your rights to financial recovery if you were hit and injured by a motorist. Get in touch with a personal injury attorney at Domnick Cunningham & Yaffa today to discuss what legal options may be available to you to move forward with your recovery.
Common Factors and Injuries Causing a Hit While Walking Incident
Distracted driving is a frequent cause of pedestrian accidents, but other common factors include:
- Drunk driving
- Failure to yield
- Failure to spot
- Careless backing up
Severe injuries to the head or chest may prove fatal or else cause permanent disabilities necessitating a lifetime of medical care. Common other injuries include:
- Knee, leg, and ankle injuries
- Broken bones
- Neck and back injuries
- Head trauma
Speak with a pedestrian collision attorney in Indiantown to discuss the merits of a possible legal claim.
If a pedestrian is hit by a car in Indiantown, a skilled accident attorney can help them recover compensation for the damages they suffered. These compensatory damages can include lost income, lost earning capacity, medical costs, medication, medical equipment, nursing costs, rehabilitation services, pain and suffering, loss of consortium, and loss of life enjoyment.
The Impact of Comparative Negligence on Compensation
Sometimes, the court may find that both the plaintiff and the at-fault party share legal liability for the pedestrian accident and the resulting damages. Florida courts are obligated to follow the pure comparative negligence rule in cases involving shared fault (see Florida Statutes §768.81).
According to this rule, the financial damages a victim may be entitled to could be diminished based on their share of fault. Even if the opposing party alleges that the plaintiff is more at fault than the defendant, the pure comparative negligence rule would still allow the plaintiff to recover some damages, although they could be reduced depending on their percentage of liability. For example, if the defendant claims that the pedestrian was 80 percent at fault for the accident, the pedestrian can still collect 20 percent of their damages.
Filing Deadline for an Indiantown Pedestrian Accident Lawsuit
As is the case in other states, Florida law establishes stringent time limits in which an injured individual must initiate lawsuit proceedings, or else be barred from collecting compensation. Fl. Stat. §95.11 sets a four-year window, starting on the date of the accident, for personal injury victims to pursue legal recovery through the state’s civil courts.
If a pedestrian receives fatal injuries, the law provides just two years for their estate to file a wrongful death claim seeking compensation. A knowledgeable attorney can help the claimant understand which time limits apply to their case and take prompt legal action by the appropriate deadline.
Speak with an Indiantown Pedestrian Accident Attorney About Your Case Today
Since pedestrians have no barrier to protect themselves in the event of an accident with a motor vehicle, these types of crashes could lead to catastrophic and lifechanging injuries for victims. If you have sustained injuries in a pedestrian collision, it could be beneficial for you to contact an Indiantown pedestrian accident lawyer as soon as possible.
An attorney at Domnick Cunningham & Yaffa can help protect your right to compensation and pursue all possible paths to financial recovery. Call now to speak with a legal professional and discuss your potential case.
Speak to a member of our team today.