If you recently sustained an injury in a pedestrian accident, the at-fault driver may owe you money for your injuries and other damages. Under Florida law, negligent drivers are financially responsible for injuries their misconduct causes. Suing a negligent driver for financial compensation is complex. Victims must show that a driver acted negligently according to state law.
The driver’s insurance company may even try to countersue you, claiming that you actually caused the accident. Instead of dealing with the insurance companies alone, contact a Trinity pedestrian accident attorney immediately.
Your Trinity personal injury lawyer can investigate the driver, fight off the insurance company, and protect your interests while you continue to recover from your injuries.
Most Trinity pedestrian accidents involve a motor vehicle striking a pedestrian, either in the road, in a crosswalk, on a sidewalk, or in parking lots. State law requires that pedestrians properly use crosswalks and sidewalks to minimize the risk of getting hit by a car. However, even when pedestrians violate these laws, drivers still have an obligation to drive carefully around pedestrians.
Florida Code Section 316.130 states: “Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian…and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” This means that drivers owe pedestrians a legal duty of care to avoid striking them.
If a driver violates that duty, and that violation causes a pedestrian’s injuries and damages, the driver acted negligently. Negligent drivers can be held legally responsible for an injured pedestrian’s medical costs, lost wages, and pain and suffering. Obtaining compensation for damages is a complicated process. An injured victim should contact a Trinity pedestrian accident lawyer before communicating with the insurance company.
In Florida, pedestrian accident victims can sue the party responsible for the accident, if the other party’s negligent or reckless misconduct caused the accident. Even if the pedestrian is also partially at fault for the accident, state law allows them to seek compensation in court.
For example, if a distracted driver struck a pedestrian who was jaywalking, both parties could be considered at fault. The injured pedestrian could still sue the driver for their damages, including medical expenses. In Florida, each party’s negligence is compared to the other party. In some cases, a driver may be 90 percent at fault for an accident and the injured victim 10 percent at fault.
In that case, the injured victim’s total compensation would be reduced by 10 percent, taking their level of fault into account. Given this comparative negligence law, determining who was at fault and how much compensation a victim may be owed are complex questions. An experienced pedestrian accident attorney in Trinity can investigate fault, and fight for a victim’s compensation in court or with insurance companies.
The amount of compensation an injured pedestrian can seek in an accident claim varies based on their damages. Damages are harms the victim suffers due to the accident. Commonly, injured pedestrians sue for damages such as:
- Medical expenses
- Lost wages due to missing work
- Pain and suffering
After seeking medical attention, injured pedestrians in Trinity should contact an accident lawyer right away. Pedestrian accident cases are time-sensitive, so it is important to contact a lawyer as soon as possible after the accident.
Contact an Attorney
If you were recently hit by a car or cyclist in the Trinity area, contact an experienced Trinity pedestrian accident lawyer today to find out whether you are entitled to compensation.