Pedestrian Accident Lawyers Serving Coral Springs
If you've been injured in a pedestrian accident, you're likely dealing with various physical, emotional, and financial issues. But filing an injury claim is important to ensure you get the compensation you deserve.
Understanding Florida's pedestrian accident laws and processes are key to ensuring you receive the compensation that covers your medical costs, pain and suffering, and lost wages. Specific laws in Florida protect pedestrians and ensure their rights are respected after an accident. Awareness of these laws can save you time and money when filing a claim.
Moreover, filing an injury claim can empower victims to hold negligent drivers accountable for their actions – which can help make future roads safer for other pedestrians. Knowing your rights as a pedestrian in Florida is the first step towards recovering from an accident, receiving proper compensation, and improving road safety for everyone.Who Might Be Liable For My Injuries?
When it comes to pedestrian accidents, there are usually multiple parties who could be liable for the injuries you've sustained. It all depends on the unique circumstances of your case, and in some cases, more than one person or entity may be held liable.
Here are some of the most common parties who might be liable:
- The Driver: In most cases, the driver of the vehicle that struck you will be liable for your injuries. The driver is expected to operate their vehicle safely and abide by traffic laws. They could be held liable for any resulting injuries if they failed to do so and caused your accident.
- The Employer: The employer could also be partially responsible if the driver operated a business vehicle during your accident (such as a delivery truck or bus).
- City or State Government: If the accident was caused by poor road conditions (e.g., potholes) or inadequate signage, you might be able to bring an action against whichever governmental agency is responsible for maintaining those roads or intersections.
It's important to remember that liability can depend on numerous factors - even if one of these parties was involved in your accident, they may not necessarily be legally responsible for your injuries and damages. Consulting with an experienced attorney can help you better understand who might be liable for your pedestrian accident claim.What Happens If The Driver Who Hit Me Was Uninsured Or Had Insurance But Their Insurance Is Less Than My Case Is Worth?
As if the stress of being in a pedestrian accident wasn't bad enough, now you're worried about what happens if the driver who hit you is uninsured or has insurance that isn't enough to cover your damages.
Fortunately, Florida is one of the many states with a type of coverage called UM/UIM (Uninsured/Underinsured Motorist) insurance. This type of coverage is like having an extra umbrella policy that can kick in when you don't have other options.
The way it works is that if the driver who hit you doesn't have insurance or enough insurance to cover your costs, your insurer will step in and pay those bills. So even if you're dealing with an uninsured driver, your UM/UIM coverage can protect you financially.
The only downside is that since UM/UIM coverage is optional in Florida and requires an additional premium payment from you to activate it, making sure you have it before something like this happens is essential. That said, it's worth investing in for peace of mind and financial protection —and it could be the difference between getting paid for your damages.What If I Was Partially At-Fault For The Accident?
If you were partially at fault for a pedestrian accident in Florida, you're probably wondering if you can still make a claim. The good news is that, yes, you can. This is because Florida follows the comparative fault rule regarding pedestrian accidents. This means that depending on how much of the accident was your fault, there is still a possibility for compensation for any injuries or property damage.
Let's look at how this works in more detail. The percentage of your fault will reduce your claim in causing the accident — so let's say that if you were found to be 40% at fault, then the compensation you receive would be reduced by 40%. If you are primarily at fault for the accident then you may not recover any damages. An experienced lawyer is the best resource for understanding Florida’s comparative fault structure.
Knowing this information upfront can help save you some time and stress during the claims process. So research and ensure everything is considered before filing any pedestrian accident claim in Florida.What Damages Are Recoverable In Pedestrian Accident Cases?
Let's take a look at what could be recoverable in your case. Generally speaking, damages are divided into two categories: economic and non-economic.
Economic damages include all financial losses related to the accident, including medical bills and lost wages due to missed work. Non-economic damages, on the other hand, refer to losses of quality of life resulting from physical or emotional pain and suffering.
Specifically, in a Florida pedestrian accident claim, you may be able to recover for any medical bills incurred as well as loss of wages from time taken off work due to injury or disability from the accident. If a loved one was killed in the accident, your family can seek compensation for funeral costs and pain and suffering due to their loss.
Additionally, Florida law allows certain punitive damages in certain circumstances depending upon who was at fault for the accident. Although it is impossible to predict exactly how much money you may be able to recover, it's important that you understand all of the potential areas of damage that may apply in your case.I Was Just Injured In A Pedestrian Accident, But I Don't Have Any Health Insurance. Who Will Pay My Medical Bills?
If you were injured in a pedestrian accident and don't have health insurance, you should first consider filing a claim with the at-fault driver's insurance company. Depending on the circumstances of your accident and coverage, their auto insurance policy may cover all or part of your medical expenses.
In many cases, if you live in Florida, you may be eligible for a no-fault policy allowing these expenses to be covered without pursuing legal action against the at-fault driver. These policies are designed to cover medical expenses resulting from injuries sustained in an accident, regardless of who was at fault.
You might also be eligible for Medicare or Medicaid benefits if you meet certain income and age requirements. Additionally, there may be local programs that can help provide coverage depending on what state you live in.
It's important to note that collecting medical bills after an accident can take some time and paperwork; if possible, try to pay out of pocket (if your medical provider allows it), as this can speed up the process significantly.
But no matter what, keep detailed records of your medical bills so that you can review them later when filing your claim with the at-fault driver's insurance company.What If The Driver Who Struck Me Didn't Have Any Insurance Or Fled The Scene?
Don't panic. Even if the driver who hit you didn't have insurance or fled the scene, Florida's PIP (no-fault insurance) can still cover your medical bills and losses up to a certain limit.
Florida requires drivers to carry a minimum of $10,000 in PIP coverage to help pay for their medical bills and other losses incurred in an accident. Depending on how bad your injuries were, you may be able to get some compensation from this coverage.
Furthermore, it's possible to recover damages against the driver even if they are uninsured or have fled the scene. You could be eligible for compensation from their assets through a court lawsuit, assuming fault is properly established. To maximize your chances of recovering damages from the driver, you should:
- Document as much as possible about the accident and its effects on you.
- Gather evidence like photos or videos of the scene and witnesses' statements.
- Have your medical records carefully maintained to account for all relevant costs.
- Contact a reputable attorney with experience in pedestrian accidents as soon as possible for legal advice.
You might think drivers are responsible for looking out for pedestrians at all times—and in Florida, you'd be right. Indeed, drivers have a duty to exercise reasonable care when it comes to the safety of pedestrians. That means yielding the right of way, slowing down, and driving cautiously in areas with pedestrians nearby.
If a driver fails to observe that duty—by speeding or failing to yield when turning—the driver can be held at fault for any injury or damage resulting from a pedestrian accident. This means pedestrians filing an insurance claim can get compensation for medical bills or other losses related to the accident.
The law in Florida is quite clear:
- Drivers must yield the right of way to pedestrians while they are crossing the street in accordance with traffic control signals.
- Drivers should also yield the right of way when turning into an intersection and a pedestrian is already crossing.
- When no traffic signals are present, drivers must slow down and use caution around pedestrians.
- In parking lots and other areas where vehicles travel slowly, drivers must use extra caution — even if the pedestrian isn't using a designated crosswalk.
Drivers are also obligated not to speed in residential areas, school zones, and other locations with an increased risk of hitting pedestrians.Will The Driver's Car Insurance Pay For All Of My Medical Bills?
You may wonder if the driver's insurance will cover all your medical expenses, which is an important question. The answer is that it depends. In most cases, the driver's insurance company will pay for all of your medical bills, but if the driver does not have enough coverage or does not have any insurance at all, then you may have to use your health insurance or seek other sources of payment for your medical bills.
In some cases, you can recover compensation from the responsible party's car insurance for pain and suffering damages and lost wages from time spent away from work or school due to the accident.
However, certain criteria must be met for this to happen. To determine eligibility for such relief, it is important to speak with an experienced lawyer who can review your case and advise you on the available legal options.How Much Is My Pedestrian Accident Worth?
How much your pedestrian accident claim is worth depends on several variables. It's important to seek legal counsel to determine the actual value of your claim, as laws vary by state, and specific details will vary with each case.
The factors that are considered when determining the value of your claim include the following:
The medical care associated with your injury is the largest portion of your overall compensation package, and it can include hospital stays, doctor visits, physical therapy, and long-term care costs such as medication or equipment needed due to your injury.
If you cannot work due to your injury or are employed at a lower wage than before the accident due to lingering effects, lost wages could be included in the settlement package. This includes any future projected losses in income due to an inability to work.
Pain and suffering
Pain and suffering awards are designed to compensate for emotional distress caused by physical pain associated with the accident. This can also potentially include any psychological issues resulting from the trauma caused by the incident.
Sometimes, it can seem intimidating to consider hiring an attorney because of the potential cost. But don't worry—you should know a few things regarding attorney's fees in Florida pedestrian accident claims.
First, attorneys often work on a contingency fee basis, meaning they don't collect any fees until you've won your case. If you win, the attorney receives a portion of your settlement as payment for their services. This can be a good option if you don't have the money upfront to pay for a lawyer but still want to seek compensation for your injuries.
Another option is to pay an attorney a flat fee, usually paid upfront and in full. A flat fee pays for a lawyer's time and advice but may not include court costs or other related expenses.
When considering which type of fee arrangement is best for you, ensure you understand all the terms and conditions of the agreement before signing anything! It's important to consider any additional costs, such as filing fees and court costs, that may accompany your case before making any decision.Do I Still Have a Case If I Was Cited for Not Crossing at A Crosswalk Even Though I Was Struck and Injured by A Car?
Yes, even if you were cited for not crossing at a crosswalk, you still have a case, but whether you will be awarded any compensation depends on the circumstances. Depending on where and how the accident occurred and the laws of the state in which it happened, some states may have comparative negligence rules that come into play.
For example, if you were cited for jaywalking across a street without using a crosswalk, it could be argued that you are partially to blame for the accident. But if at least some responsibility lies with the driver who hit you and caused your injuries, you still may have a claim.
In Florida, where comparative negligence applies to pedestrian accidents, your settlement amount could be reduced based on the percentage of fault apportioned to each side of the incident.
Say that a jury decides that your jaywalking was 20 percent responsible for causing your injuries —your settlement amount would be reduced by 20 percent. The same goes for any court fees or medical bills related to the incident — these would also be reduced by 20 percent due to your negligence.
Don't assume that all hope is lost just because you were cited after an accident involving a car and a pedestrian. Even if some responsibility falls on you, you can still get compensated with monetary damages.Contact Frankl Kominsky Injury Lawyers - Pedestrian Accident Lawyers Serving Coral Springs
If you have been involved in a pedestrian accident in Coral Springs, you know how serious the consequences can be. In such cases, hiring experienced legal help is crucial to ensure you get the compensation and justice you deserve.
That's why it's important to consider hiring a Frankl Kominsky Injury Lawyers if you or a loved one have been injured in a pedestrian accident in Coral Springs. Our lawyers understand the complexity of pedestrian accidents and have the knowledge and skills to fight for your right to full compensation vigorously. We will represent your best interests, protect your rights, and help ensure you receive the justice you deserve.
Our team of dedicated lawyers can assist with all aspects of your case, from filing a claim to helping negotiate a settlement. We also provide our clients with personalized attention and will work with them every step of the way throughout the process. So don't hesitate—to contact our office today at (561) 800-8000 for your free consultation, and let our team help guide you out of this difficult time with ease.