Pedestrian Accident Lawyer Serving Daytona Beach
Anyone who has ever crossed the street has imagined just how devastating it would be to get hit by a car. Sadly, for thousands of pedestrians each year, this tragic scenario becomes a reality when they are struck by distracted, drunk, and negligent drivers. The pedestrian accident lawyers at Frankl & Kominsky understand how devastating these collisions can be. We are ready to help you and your loved ones try to fight for the compensation you need to move on with life after your Daytona Beach pedestrian accident.
Our attorneys have decades of combined experience representing victims of personal injury. Over that time, we have recovered more than $50 million for our clients in combined settlements. Schedule a free initial consultation today by calling 386-227-5219.Do I Have Grounds for a Pedestrian Accident Claim?
If you or certain members of your household have Personal Injury Protection (PIP) insurance, you should be able to file a claim against that policy no matter who was at fault for your crash. Unfortunately, the medical bills and lost wages incurred due to pedestrian accidents often exceed the coverage limits of PIP policies.
You can try to bring a third-party claim against the at-fault driver and his or her insurance company for your medical bills and lost income not covered by PIP insurance, as well as any other economic or non-economic damages you incurred. For your third-party claim to result in a fair settlement, evidence must be shown to demonstrate liability and damages.
To prove liability, you will need to show that the at-fault party breached a duty of care owed to you, resulting in your injury or loss. Breaching a duty of care is called "negligence." Examples of negligence in pedestrian accident claims include:
- Drivers who were drunk or distracted;
- Drivers who were speeding or driving without their headlights on; and
- Entities that were responsible for maintaining crosswalks but failed to do so.
The evidence our accident lawyers will use to try to help prove negligence in your Daytona Beach pedestrian accident claim will depend on where your accident occurred, its cause, and other factors. Common evidence used in these cases includes photos of the crash scene, videos of the accident, eyewitness testimony, expert witness testimony, toxicology reports, and the police report.Can I Bring a Claim If I Was Partially at Fault for My Pedestrian Accident?
In the state of Florida, pedestrians who cross a street outside of an intersection or a marked crosswalk are required by law to yield the right of way to motorists. If you violated this law and were ticketed, you may be wondering if you can still bring a claim for your damages.
Because the jury will consider all facts surrounding your case when determining liability, you may still have grounds for a claim even if you were ticketed. In such a scenario, you would need evidence to prove that the driver's negligence was still a contributing factor. For example, you may be entitled to compensation if the accident happened during crossing hours in a school zone or on a road with a low speed limit. You may also have grounds for a claim if there was enough lighting for the driver to see you, there was nothing obstructing the driver's view, and you were walking slowly.
If you were partially at fault for the crash, you should expect the insurance company or defendant to dispute liability. The state of Florida follows a pure comparative negligence system, so your recovery will be reduced by your percentage of fault. For this reason, it is critical that you consult a pedestrian accident lawyer who can gather the evidence needed to try to prove liability.
The injury attorneys at Frankl & Kominsky have a comprehensive knowledge of the laws that govern pedestrian accident claims in Florida. We will get to work right away to try and gather evidence to try to prove your claim, and we will try to help you avoid mistakes that may lead to a liability dispute, such as having a recorded conversation with an insurance adjuster or posting details about your crash on social media.Call 386-227-5219 for a Free Case Evaluation with a Pedestrian Accident Lawyer serving Daytona Beach
It takes time to bounce back physically and emotionally after a pedestrian crash. The injury attorneys at Frankl & Kominsky understand the hardship you and your family are facing. We will give your case our undivided attention and help you try and overcome the legal hurdles you may face on the path to fair compensation. Call us today at 386-227-5219 or Use Our Contact Form to schedule a free consultation.