Pedestrian Accident Lawyer Serving Ocala
Pedestrian accidents cause thousands of deaths and well over 100,000 injuries each year in the U.S. This statistic, though tragic, does not convey the devastating trauma endured by victims and their families. If you or someone you love was seriously hurt in an Ocala pedestrian crash, the injury lawyers at Frankl Kominsky are available to help you try to pursue justice and the compensation you need to cover your medical bills, lost wages, and non-economic damages.
Call us today at (352) 269-5979 for a free initial consultation for your Ocala pedestrian accident claim.Recovering Compensation After a Pedestrian Accident in Ocala
If you were hit by a car as a pedestrian and you own a vehicle that is insured, your Personal Injury Protection (PIP) coverage will most likely pay a portion of your medical bills and lost income, up to $10,000. If you do not own a car that is insured but you live with a relative who owns a car, your relative’s PIP coverage should pay the benefits.
If neither you nor a relative in your home owns an insured vehicle, the company that insures the at-fault driver’s car would pay PIP benefits. The at-fault driver will be liable for your medical expenses and lost income not covered by PIP.
You may also be able to bring a claim against the at-fault driver for your non-economic damages such as loss of enjoyment in life, disfigurement or physical impairment, pain and suffering, and emotional distress. To recover damages against the driver, it must be shown that his or her negligence contributed to the accident.When is the Driver Liable for Damages After a Pedestrian Accident?
Many victims of pedestrian accidents are not sure whether they can bring a claim against the driver because they were not on a marked crosswalk or they received a ticket. However, even in these scenarios, you may have grounds for a claim against the driver if his or her negligence contributed in some way to the crash.
The jury will consider all facts surrounding the accident when determining liability. Under Florida law, pedestrians must yield the right of way to vehicles if they cross a roadway at any point other than at an unmarked crosswalk at an intersection or a marked crosswalk.
Fortunately, even if you violated this law, the driver may still be liable for damages if his or her negligence was a contributing factor. Examples of such scenarios include:
- The crash occurred in a school zone during crossing hours;
- The accident occurred in a residential area or on a road with a low speed limit;
- There was sufficient lighting for the driver to see you;
- You were walking slowly when the crash occurred; or
- There were no visual obstructions inhibiting the driver's view.
The driver’s liability may be reduced if the collision occurred on a highway, the Palmetto, the Florida turnpike, or on another high-speed road. The driver’s liability may also be reduced if the accident happened at night in poor lighting, you were running across the road, or there was an object obstructing the driver’s view.
If you were hit while walking on a designated crosswalk during the day, it is likely that most or all of the liability will be assigned to the driver.
As you can see, determining liability after a pedestrian accident can be complicated. There are many factors to consider and laws that govern these cases. For example, children under the age of 6 cannot be held contributorily negligent, even if they run in front of an automobile. However, in pedestrian accident cases involving children, the jury may consider whether the child’s parent was partially liable due to negligent supervision of his or her child.Discuss Your Case with a Pedestrian Accident Attorney serving Ocala Today!
It is common in pedestrian accident cases for the insurance company or at-fault driver to dispute liability. If this happens, it is important that you have a skilled pedestrian accident lawyer by your side to represent your interests and enforce your rights.
The personal injury attorneys at Frankl Kominsky will guide you through the claims process for your Ocala Pedestrian Accident from start to finish. We are not afraid to take your case to trial if necessary. Call us today at (352) 269-5979 or use our Contact Form to arrange a free initial consultation.