Pedestrian Accident Lawyers Serving Davie
You may be asking yourself, why is it important to learn about pedestrian accident claims if I'm not a pedestrian? The answer is simple: when pedestrians are injured in Florida because of someone else's negligence or they are killed, they need to get the compensation they deserve.
Remember that pedestrians don't have the same protections drivers do with seat belts and airbags. So, if someone is hit by a vehicle as a pedestrian, their injuries could be much more severe than if they were inside a vehicle or riding a bike.
Injuries can range from lacerations and broken bones to traumatic brain injuries and even death. That's why understanding the claim process for pedestrians is so important – to protect them and ensure justice.
Pedestrian accident claims can be complex since multiple parties are often involved, and legal rules apply. That's why it's important to understand the process before filing a claim in Florida. If you can understand the process, you may get compensation for your injuries without going to court—which could save you both time and money in the long run.Can A Pedestrian Be Held Liable for a Pedestrian Accident?
Hitting a pedestrian with your vehicle can end up being incredibly expensive, so you may be wondering—can a pedestrian be held liable for a pedestrian accident? In short, yes.
Although Florida is a "no-fault" state and drivers' insurance companies are usually held liable, pedestrians can still be found at fault in the event of an accident. A pedestrian is responsible for looking out for their safety by taking reasonable care. They will be held liable for damages if they are found to have been negligent or careless with their actions.Types Of Negligent Acts
The most common type of negligent acts includes:
- Failing to obey traffic laws, such as using crosswalks and/or cross-signal signals.
- Crossing the street recklessly or without due caution.
- Not looking both ways before crossing the street.
- Being under the influence of drugs or alcohol while on the road.
- Engaging in dangerous activities, such as running across the street when it's unsafe.
So, if a pedestrian is found to have violated any of these laws or engaged in careless behavior that led to the accident, they may be liable for damages. The best way to prevent yourself from having negative outcomes is by always taking extra caution when crossing streets and following all traffic laws.What Is Comparative Negligence in a Pedestrian Accident Claim?
You have probably heard the term comparative negligence before; it's worth understanding before filing a pedestrian accident claim in Florida. Well, here's the gist: it's when two or more parties involved in an accident share responsibility for the incident and how much each liable party will be required to pay.
For example, who is at fault if you were crossing the street against a red light and were struck by a car? In this case, both you and the driver are to blame since one failed to obey traffic rules while the other didn't use reasonable care. Each may be liable for their negligence.
In Florida, comparative negligence is known as a Modified Comparative Negligence system. You may still recover damages if your negligence doesn’t exceed 50 percent. However, if you're found more than 50 percent responsible for causing the accident and resulting damages, you're barred from recovering any compensation.
So be mindful of traffic laws & regulations whenever possible when walking near roads - it could mean increased safety for yourself and those around you!Can A Pedestrian Be Awarded Punitive Damages in a Pedestrian Accident Claim?
You may be able to recover punitive damages in a pedestrian accident claim. Punitive damages are awarded to punish the other party for particularly reckless conduct, and they can be a way to discourage bad behavior.
In most cases, the injured pedestrian needs to prove two essential pieces of evidence before they can seek punitive damages:
- The driver was aware of the danger and disregarded it; and
- The negligent party acted with malice, intent, oppression, or fraud.
If you can prove that either of these elements is present, then you may have a valid claim for punitive damages as well as regular economic and non-economic damages (like pain and suffering). Remember, though, these sorts of awards are rarely given. So, if you think you have a case for punitive damages, it's best to speak with an experienced Florida pedestrian accident lawyer.Can I Sue If I Was Wearing Dark Clothing or Walking in A Poorly Lit Area at The Time of The Accident?
In a situation like this, it's important to understand contributory negligence, when a plaintiff's actions or behavior contributed to their injuries. If the driver claims that you were wearing dark clothing or walking in a poorly lit area at the time of the accident, you may still be able to recover damages -- if it can be proven that you were not at fault for the accident.
When you file a claim after a pedestrian accident in Florida, factors like who had the right of way, who was impaired, and whether or not poor lighting or obstructions contributed to the collision will all play a role in determining who is liable.
The jury will consider these factors and determine whether they believe you had any level of fault in causing the accident. If they decide you had more than 50% fault in causing your injuries, your claim will fail, and you won't receive compensation.Can A Pedestrian Accident Claim in Florida Be Settled Out of Court?
So, you may be wondering if a pedestrian accident claim can be settled out of court in Florida. The answer is yes—accidents involving pedestrians can often be settled out of court. It's usually much faster and doesn't comment that much money on lawyers or court fees.
But there are some things to keep in mind when deciding whether to settle out of court:
- Work with an experienced personal injury attorney to get the best possible outcome for your accident claim. A knowledgeable attorney will have your best interests at heart and work hard to ensure you get the compensation you deserve.
- Be aware that any settlements are final—which means that the case is over after you settle, and you cannot pursue further legal action or monetary awards based on that incident in the future.
- Understand that settling out of court also means relinquishing your right to a jury trial for your case, so make sure you understand what rights you may be giving up if you choose to go this route.
- Contact both insurance companies involved and let them know your intention to settle out of court before proceeding with negotiations. Doing this will ensure all parties are aware of the process and makes it easier to understand quickly and easily without complications or delays later down the line when it's time to sign a settlement agreement.
If you've been the victim of a pedestrian accident in Florida, you're probably eager to settle your claim quickly. The speed with which your claim is settled is determined by several factors, including:
The Complexity of Your Case
A case can be simple or complex depending on the accident's details, such as negligence, extenuating circumstances, and liability issues. For example, if multiple parties are at fault for an accident, it may take longer to settle the claim.
Availability of Insurance Coverage
Certain types of insurance coverage may not be available immediately after an accident. This can delay settlement until such coverage can be secured. This can sometimes cause delays due to negotiations between parties and/or insurers.
Ability to Negotiate
The ability of both parties to negotiate a settlement and reach an agreement without going to court will affect how long it takes for a settlement to be reached. If both sides try to get the best deal, they can out of the settlement amount, this could prolong negotiations and lengthen the time needed to settle a claim.
In general, most pedestrian claims in Florida are resolved in three-to-six months; however, if you plan on taking legal action against another party or their insurer, it could take significantly longer than that due to court proceedings and other factors that might arise during litigation.How Is the Value of a Pedestrian Accident Claim in Florida Determined?
Knowing how a pedestrian accident claim in Florida is valued is essential to be prepared before filing a claim. Thankfully, some laws protect pedestrians when they are involved in an accident, and understanding them can make the process much smoother.
The damages need to be calculated to determine the value of a pedestrian accident claim in Florida. Damages typically include:
- Medical expenses include past and current medical bills and any future medical or rehabilitation expenses that may arise due to the accident.
- Lost wages and earning potential: Injuries sustained from an accident can cause serious financial hardship due to missed work days or inability to work. These lost wages should be included in the claim if applicable.
- Pain and suffering: A victim can receive compensation for physical pain or emotional trauma resulting from the accident.
- Property damage: If you are hit by a vehicle while walking, your clothing and personal belongings may also suffer damage that must be compensated for in the pedestrian accident case.
By understanding how a pedestrian accident claim is valued in Florida, victims have more power when filing their case—and more peace of mind knowing they will be properly compensated for their losses and injuries caused by an unfortunate mishap on our roads!What If the Driver Who Hit Me Was Uninsured or Underinsured?
No one should worry about the financial burden of a pedestrian accident, so what happens if the driver who hit you wasn't insured or underinsured? The good news is that in Florida, all drivers are required to carry personal injury/protection coverage as part of their auto insurance, which provides some level of protection for pedestrians injured in an accident.
However, if the driver only carries minimum coverage, your medical bills and other expenses may go far beyond what the driver's policy would cover. That's why it's important to understand all your options before filing a claim in Florida following a pedestrian accident.Uninsured/Underinsured Motorist Coverage
An uninsured/underinsured (UM/UIM) motorist policy can help cover costs like medical bills, pain, suffering, and lost wages if you're hit by a driver who doesn't have enough insurance—or none at all. This kind of coverage is optional, so it pays to research before signing up for any auto policy.Health Insurance Policies
If you have health insurance, you may also be able to use that policy as part of your claims process. Check your health insurance policies carefully and determine whether they cover accidents caused by uninsured motorists. You may also want to consider a supplemental health policy that will provide additional coverage should you need it.Can I Still Recover Damages If I Was Partially at Fault for The Pedestrian Accident in Florida?
The good news is, yes, you can. Florida has a modified comparative fault rule, meaning it's still possible to recover damages if you're less than 50% at fault for an accident. Under the comparative negligence rule, the percentage of fault attributed to each party (this includes any drivers involved, as well as yourself) is considered when deciding how much compensation to award.
Your award will then be reduced in proportion to your amount of fault in the accident. For example, let's say you're awarded $10,000 in damages from a pedestrian claim, but a court decides that you were 20% at fault for not crossing the street at an intersection or under a crosswalk. You would still receive $8,000 ($10,000 minus 20%, or $2,000).
However, it's important to note that if you're found to be 51% percent or more at fault for the accident, your claim may be denied entirely. Though - it would be hard for someone else to argue that you were more than 50% responsible for an accident if they were behind the wheel of a car and not following traffic laws themselves.What Should I Do If I Have Been Injured in A Pedestrian Accident in Florida?
You already know that you will need to file a claim if you have been injured in a pedestrian accident in Florida. But once you've started that process, what comes next?
First, check with your lawyer to see exactly what evidence and documentation you will need to provide. Depending on the circumstances of the accident, this could include medical records and bills, photos of the scene taken by both parties (if available), and police reports. Knowing any deadlines for filing a claim is also a good idea. In Florida, for example, the injured party has two years from the date of the incident to file their claim in court.
If your case is taken to court, you must be fully prepared. Gather all evidence of your injury (including medical records and witness statements). And if you can't afford an attorney, make sure you research local resources so that you understand all aspects of your legal case.
Last but not least: be prepared for delays and unexpected costs—even if you have a strong case, obtaining compensation can be a long process!How Can a Personal Injury Attorney Help Me with My Pedestrian Accident Claim in Florida?
Whether or not you have a personal injury attorney for your pedestrian accident claim in Florida, understanding the legal system and your rights can be important. However, engaging a qualified personal injury attorney can help speed up your case, as they understand the complexities of the legal system and how to increase your chances of success.
A few of the benefits associated with a personal injury attorney include:
- Accurately evaluate your claim: Your attorney will conduct an independent investigation into your case to accurately assess the best possible outcome. They may also be able to use complex medical records and evidence to build solid arguments in favor of their client.
- Guide you through difficult times: Litigation can be stressful, especially in cases involving personal injuries. An experienced lawyer will advocate for you and ensure you're always informed about what's happening in your case.
- Negotiate with insurance companies: Insurance companies can be difficult to deal with and are often unwilling to pay full settlements. Your personal injury attorney will know how to negotiate with insurers on your behalf, ensuring you get fair compensation for any damages or losses incurred due to the accident.
By investing in a qualified Florida pedestrian accident lawyer, you'll have someone experienced in this area by your side until you receive justice for the injuries or losses sustained due to negligence by another party.Contact Frankl Kominsky Pedestrian Accident Lawyers Serving Davie
If you have been involved in a pedestrian accident in Florida, it is important that you contact a qualified attorney who can help you get justice and compensation for the losses that you have experienced. The experienced pedestrian accident lawyers at Frankl Kominsky are here to help. We serve clients throughout the Davie area and are dedicated to helping you seek full compensation for your injuries and losses.
Our attorneys know how to deal with insurance companies to maximize your settlement. We will investigate the incident, collect evidence and negotiate with the insurance company on your behalf. We will also prepare your case for trial if necessary.
At Frankl Kominsky, we aim to help you get justice and ensure you receive a fair settlement for your injuries. Don't hesitate to contact us today at (561) 800-8000 if you have been injured in a pedestrian accident—we are here to help!