Although drivers have been sharing the road with pedestrians and cyclists for years, many drivers do not share the road well, which manifests itself in vehicle accidents.
When the injured party in a motor vehicle accident is a pedestrian, the severity of the injury increases significantly because the human body is not designed with withstand the impact of an automobile.
If you have been injured in a pedestrian accident with a motor vehicle, contact a Brandon pedestrian accident lawyer to ensure that you receive the compensation that you deserve. Consult a skilled personal injury attorney and know that you are in capable hands.
Personal Injury Protection
Florida requires its licensed drivers to maintain a personal injury protection policy with their vehicle insurance, which provides a minimum coverage of $10,000, per person, per accident for anyone living in the registered driver’s home. It can be used even when an accident victim was a pedestrian at the time of the injury. This requirement is the result of Florida’s no-fault standard that is applied to injured victims following traffic accidents with motor vehicles.
There are circumstances in which an injured victim cannot use their personal injury protection policy. If a vehicle accident results in death, permanent or significant loss of a bodily function, disfigurement, significant scarring, and/or permanent injury, it rises to the level of serious injury. In this case, the victim is not required to use their own personal injury protection.
Serious injuries permit injured victims or their loved ones to seek recovery from the at-fault party’s insurance company. A Brandon pedestrian accident lawyer could make an individual’s case, and help them recover the damages they deserve.
Like drivers, pedestrians are obligated to comply with traffic signs and devices when using public roads and sidewalks. If a traffic signal does not indicate that a pedestrian has the right of way, she or he may be liable for their own injuries if an accident occurs because a pedestrian proceeded against a traffic signal.
Additionally, when an intersection does not have a crosswalk, pedestrians must exercise reasonable judgment before proceeding. Simply assuming that approaching vehicles will slow or stop could result in an injury and the pedestrian being held liable for those injuries.
Drivers do have a consistent obligation to exercise care to avoid a collision with a pedestrian. However, it is a common misconception that in all pedestrian-vehicle accidents, the vehicle driver is always at fault. Under a comparative negligence standard, both parties can hold some responsibility for the accident and the injured victim still retains the ability to recover.
Under the pure comparative negligence standard, an injured victim’s recovery award can be reduced by the percentage of fault that is attributed to them for either causing the accident or exacerbating the injury following the accident. Even if a pedestrian had no fault in the accident, ignoring the physician’s advice and ruining recovery could also impact the recovery award.
Consulting a Brandon Pedestrian Accident Attorney
A motor vehicle collision with a pedestrian can occur in the blink of an eye and the injuries suffered may be substantial. If you are one of the unfortunate pedestrians that have been involved in vehicle accident, contact an experienced Brandon pedestrian accident lawyer for the best outcome in your pending case.