Pedestrian Accident Lawyers

What should I do if I've been hurt in a pedestrian accident?

The police should be immediately contacted so an investigation can be initiated promptly. If possible, try to obtain the name and address of the owners and operators of the vehicles involved and the name of their insurance carriers. Try to identify potential witnesses and write a recollection of what happened in as much detail possible, as soon as you can.

Obviously, you can only do what you can, if anything, if seriously injured in a pedestrian accident.

Should I retain a lawyer?

In pedestrian accident cases where a serious, permanent injury exists, it is reasonable to consult with an experienced personal injury lawyer soon after the accident.  The longer you wait, the more difficult it will be for the attorney to reconstruct the accident and determine who is at fault and who shares responsibility.

What if I am partially at fault?

In Florida, your eventual compensation may be reduced proportionally by the degree you are held to have been at fault. This is called comparative negligence.

Do car drivers have a special duty to avoid pedestrians?

Under the law, operators of vehicles and pedestrians are all responsible to exercise ordinary care on our roadways. But since drivers of vehicles can inflict death or injury, the amount of care required of them is greater.

For one, drivers are responsible for keeping their vehicles under sufficient control to avoid injuries to pedestrians. The presence of children, for example, should alert a driver to exercise additional care. Motor vehicle drivers must anticipate a degree of impulsiveness and thoughtlessness on the part of children.

Pedestrians, however, have a duty to obey traffic laws, including the use of pedestrian crosswalks, and to reasonably observe traffic conditions. Pedestrians should obviously not attempt to cross a street if they are aware of approaching traffic.

What if the motorist is uninsured?

Even as a pedestrian, your own automobile insurance may compensate you for your injuries. Such a claim is known as an uninsured motorist or "UM" claim.

You may also opt to file a lawsuit to recover damages from the driver directly. Your attorney may also provide you with additional options.

Can I sue someone other than the driver of the motor vehicle?

If other parties contributed to the cause of the accident, you may file a claim against them. If, for example, a repair shop recently repaired the brakes of the motor vehicle involved, and it can be shown that a brake malfunction contributed to the cause of the accident, the repair shop may be held liable.

Additionally, in Florida, the owner of the at-fault vehicle in many circumstances can be held liable for your pedestrian accident injury.

What damages can be recovered in a pedestrian accident case?

In a pedestrian accident resulting in serious injury or death, the following compensatory damages may be recoverable:

• Medical expenses
• Cost of future medical care
• Current and future potential wage loss
• Pain and suffering
• Emotional distress
• Loss of consortium

If it can be proven that the driver of a vehicle, or other liable party, acted with reckless indifference or was grossly negligent behavior, then the court might approve punitive damages to be awarded.

Our accident lawyers can answer additional questions you may have with regard to your pedestrian accident or many other personal injury matters. Contact us today.

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