Pedestrian Accident Lawsuits: Understanding Your Rights as a Victim
When you're walking down the street, the last thing you expect is to be hit by a car. Unfortunately, pedestrian accidents happen far too often in Florida. These incidents can leave victims with serious injuries, high medical bills, and uncertainty. If you or someone you love has been injured in a pedestrian accident, it’s important to understand your rights and legal options.
Knowing how Florida law treats these cases can make a big difference. At Oldham & Smith Attorney at Law in Lake County, Florida, we fight for the rights of injured pedestrians and are committed to helping you pursue the compensation you need after an accident. Here, we’ll walk you through the key aspects of pedestrian accident lawsuits.
Liability in Pedestrian Accidents
In many auto accidents involving pedestrians, the question of who was at fault becomes central. Florida is a comparative negligence state, which means more than one party can share responsibility for an accident. If the pedestrian was partially at fault—for example, by jaywalking or crossing against a signal—their compensation may be reduced.
Some of the parties who might be held liable include:
The driver: If they were speeding, distracted, or impaired at the time of the crash.
The pedestrian: If they ignored traffic signals or crossed outside a designated crosswalk.
A third party: Such as a construction company that failed to post adequate warnings or a municipality that didn’t maintain safe walkways.
Knowing who can be held liable helps build a stronger case. Even if you think you might be partially at fault, you could still recover damages.
Common Causes of Pedestrian Accidents
Pedestrian accidents often stem from driver negligence, but there are many other contributing factors as well. Identifying the cause is key to establishing liability and strengthening your claim.
Some common causes include:
Distracted driving: Texting or using a phone while driving takes a driver’s attention off the road.
Speeding: Drivers going too fast may not have time to stop for pedestrians.
Driving under the influence: Alcohol and drugs impair judgment and reaction times.
Failing to yield: Drivers are required to yield to pedestrians in crosswalks.
Poor visibility: Accidents often happen at night or in bad weather.
Each of these causes can influence the outcome of a pedestrian accident lawsuit. Proper documentation, such as police reports and eyewitness accounts, will help establish what led to the crash.
Types of Injuries in Pedestrian Accidents
Pedestrians are vulnerable during auto accidents because they don’t have the protection of a vehicle. Injuries can range from minor to life-threatening, and in many cases, victims require long-term medical care.
Typical injuries include:
Broken bones: Arms, legs, ribs, and hips are commonly fractured.
Head injuries: Concussions or traumatic brain injuries (TBIs) can have lasting effects.
Spinal cord injuries: These can lead to partial or complete paralysis.
Internal injuries: Damage to organs can be life-threatening.
Soft tissue injuries: Sprains, strains, and bruises may also result in lasting pain.
The severity of injuries affects not just your physical recovery, but also the compensation you may be entitled to in a lawsuit.
What to Do After a Pedestrian Accident
Taking the right steps after an accident can make a big difference in your case. It’s important to act quickly and document everything.
Key actions to take include:
Call 911: Get immediate medical attention and report the accident.
Gather evidence: Take photos of the scene, injuries, and vehicle.
Collect contact info: Get names and phone numbers of witnesses and the driver.
Follow medical advice: Keep all appointments and follow treatment plans.
Contact a personal injury attorney: Legal advice early on can protect your rights.
These steps help build a solid foundation for your pedestrian accident lawsuit and can significantly affect the outcome.
Transitioning to Legal Action
Once you’ve received medical treatment and gathered evidence, the next step is to consider legal action. Filing a pedestrian accident lawsuit can help you recover the money you need for medical bills, lost wages, and other damages.
Understanding the legal process can make the experience feel more manageable. From filing a claim to negotiating with insurance companies, each step is geared toward securing fair compensation for your losses.
Compensation You May Be Entitled To
In Florida, victims of pedestrian-auto accidents may be eligible for several types of compensation. These damages can cover both economic and non-economic losses.
Common forms of compensation include:
Medical expenses: Hospital bills, surgery, rehabilitation, and medication.
Lost wages: Income lost due to missed work.
Loss of earning capacity: If you're unable to return to your job.
Pain and suffering: Physical and emotional distress caused by the accident.
Property damage: If personal items were damaged during the incident.
The amount you receive depends on the circumstances of the accident and how severely you were injured. An attorney can help calculate a fair estimate.
How Florida's No-Fault Law Affects Pedestrian Accidents
Florida is a no-fault state when it comes to auto accidents. That means your insurance, specifically your Personal Injury Protection (PIP) coverage, may pay for some of your medical expenses and lost income, regardless of who was at fault.
For pedestrians, this can be a bit confusing. If you have auto insurance, your PIP may still apply even though you weren’t driving. If you don’t have insurance, you may be able to access the driver’s PIP coverage.
It's important to understand how no-fault laws work so you know where to turn for immediate financial help after an accident.
Proving Fault in a Lawsuit
Even in a no-fault state, you can still file a lawsuit if your injuries are serious enough. To do that, you'll need to prove the other party was at fault and that their actions directly caused your injuries.
Some pieces of evidence often include:
Police reports: These often assign initial fault.
Witness statements: People who saw the accident can support your claims.
Surveillance footage: Video from nearby cameras can show what really happened.
Medical records: These connect your injuries to the accident.
Accident reconstruction: Professionals may help clarify how the incident occurred.
The more evidence you have, the stronger your case will be when pursuing damages from a negligent driver. For more information, contact our attorneys at Oldham & Smith Attorney at Law.
Transitioning Toward Resolution
As your case progresses, you'll likely enter settlement discussions. Most pedestrian accident lawsuits are resolved outside of court. However, if a fair offer isn't made, going to trial may be the right path.
It helps to understand what's at stake and to be prepared for either scenario. A good legal strategy will aim to protect your rights and secure the compensation you need to move forward.
Dealing With Insurance Companies
After a pedestrian accident, you'll probably hear from the driver’s insurance company. It's important to remember that insurers are looking to protect their bottom line.
When talking with insurance adjusters:
Don't admit fault: Even a simple apology can be used against you.
Don't accept the first offer: Initial offers are usually low.
Get everything in writing: Verbal promises are hard to prove.
Consult an attorney before signing anything: This helps you understand your rights.
Being cautious in these conversations can protect you from agreeing to an unfair settlement.
Time Limits for Filing a Lawsuit
Florida law sets strict deadlines for filing a pedestrian accident lawsuit. These deadlines are known as statutes of limitations.
Important timelines include:
Four years: You generally have four years from the date of the accident to file a personal injury claim.
Two years: If the accident resulted in death, the statute of limitations for a wrongful death claim is two years.
Missing these deadlines can mean losing your right to compensation, so acting quickly is key.
Reach Out Today
Pedestrian accidents can turn your life upside down, but you don't have to deal with the aftermath alone. Understanding your legal rights and the steps involved in filing a lawsuit can make a big difference in your recovery. If you or a loved one has been hurt in a pedestrian accident involving an automobile, don’t wait to reach out to an attorney. We proudly serve Lake County, Florida. Contact us today.
