Pedestrian Accident Lawyers Serving Gainesville

Pedestrian injury claims are important to consider when you've been in an accident in Florida, so it's worth understanding the relevant laws. In Florida, pedestrians can be compensated for their injuries if they prove that the driver was negligent in causing the accident. But this means that a driver must have done something wrong that led to the accident—like failing to yield or speeding—for a pedestrian to be able to make a claim.

So why should you care about pedestrian injury claims? Well, if you've been injured as a pedestrian as a result of another driver's negligence, it will be important for you to understand how these claims work so that you can make sure that your rights are protected and get the compensation you deserve. Understanding victims' rights and responsibilities are essential in ensuring any legal proceedings go smoothly.

I Was Just Struck by A Car While Walking. What Do I Do Now?

If you've been struck by a car while walking, you should first make sure you're safe and seek medical attention if needed. Even if you don't think you were hurt, getting checked out is important as some injuries may not be immediately apparent.

Once any medical needs are taken care of, the next step is to assess the damage from the accident and build a case for your claim. To do this, you will want to:

  • Collect information from witnesses.
  • Take pictures of the accident scene.
  • Speak with any law enforcement officers that were at the scene.
  • Gather evidence of the driver's negligence.
  • Obtain a police report pertaining to the incident.
  • Notify your insurance company.
  • File an official pedestrian accident report with Florida's Department of Highway Safety and Motor Vehicles.

By gathering all this information, you will be able to prove negligence on behalf of the driver and begin filing a claim for compensation with their insurance company. This process can seem intimidating, but it helps to have an experienced attorney who specializes in pedestrian claims in Florida on your side to navigate this process.

As A Pedestrian, Does A Motor Vehicle Driver Owe Any Special Duty or Care Toward Me Under the Law?

As a pedestrian, you have a right to expect a motor vehicle driver to act with the same level of care and caution as would be expected of any other person in the same circumstances. This means they need to consider that you are walking in a parking lot, street, or sidewalk and take extra precautions when driving near you.

In addition, drivers must also slow down or stop when necessary to yield the right-of-way and avoid pedestrian accidents. If they fail to do so and an accident occurs, they may be liable under negligence laws for any harm caused by their failure to exercise reasonable care and caution around pedestrians.

How Can I Prove Liability?

So, after you've been involved in a pedestrian accident, it's time to start thinking about how to prove liability. Remember that the burden of proof lies with you—you must be able to demonstrate that the other party was at fault.

Here are a few things to consider when trying to prove liability:

  • Documentation - Ensure you have all relevant paperwork from the accident, including police reports, medical records, and any photographs or videos taken at the scene.
  • Witnesses - If any witnesses were present at the time of the accident, ensure you get their contact information and statements. This can provide valuable evidence in your favor.
  • Negligence - You'll need to prove that the other party acted negligently or recklessly to receive compensation for your injuries and damages. Ensure you can back up your claims with evidence—preferably from an expert witness or witness testimony—to demonstrate that negligence occurred.
Can I Use Personal Injury Protection (PIP) Coverage If I Was Hit as A Pedestrian by An Uninsured/Underinsured Motorist?

Regarding accidents involving uninsured/underinsured motorists, you can use your car's injury protection (PIP) coverage if a motorist hits you as a pedestrian. PIP covers medical expenses, lost wages, and other damages that result from injuries sustained in a pedestrian accident. Typically, it pays 80% of your medical bills up to $10,000 and provides up to two years of weekly income protection.

Of course, PIP claims can get complicated quickly. There are rules about who is covered under the policy — generally yourself, family members, and passengers in your vehicle — and who can't file a claim (i.e., people who live with you but are not related to you). You also might have to prove that you don't have insurance from other sources or that all other sources of insurance have been exhausted.

It's important for pedestrians hit by an uninsured/underinsured motorist to understand that PIP coverage provides limited benefits for specific losses. To maximize your recovery for all damages from the accident, it is best to consult an experienced personal injury attorney who can guide all available options for filing a claim.

If A Loved One Was Killed by A Motor Vehicle in A Pedestrian Accident, Can I File a Wrongful Death Claim Against the Driver?

Yes, you can file a wrongful death claim against the driver. In Florida, the law allows certain family members to pursue a wrongful death claim when a loved one was killed due to another person's negligence.

If your loved one died from injuries sustained in a pedestrian accident, you can seek damages from the driver responsible for the crash. Important factors in filing a wrongful death claim include determining who is liable for the accident and determining how much compensation is justified for your loss.

Understanding the specifics of filing a wrongful death lawsuit can be complicated, but we're here to help make it simpler:

  • Determine who is liable for the accident - You will need to prove that the motorist was responsible for your loved one's passing. This means establishing fault and negligence through evidence such as witness testimony, scene photos, and medical records.
  • Understand eligibility requirements - The individual filing must meet specific criteria dictated by Florida state laws, including being an immediate family member of the deceased or an appointed representative of their estate.
  • Define what damages you are looking to receive - Figure out what expenses need to be covered and what kind of compensation is reasonable in connection with your loss, such as medical bills, funeral costs, and loss of future earnings, among other things.

Filing a wrongful death lawsuit is no easy task and can be emotionally taxing, so consider talking with an experienced attorney before taking any legal action related to your situation.

Is A Driver Always at Fault for An Accident If the Pedestrian Is in Or Near a Crosswalk?

Whenever you're in or near a crosswalk, you might assume that the driver of a car or other vehicle is always at fault if an accident occurs. But this isn't always the case—it depends on the situation and other factors.

For example, Florida Law states that when a pedestrian is crossing outside of an intersection, they must yield to drivers if there's no walk signal. On the other hand, drivers must yield to pedestrians who are in or near a marked or unmarked crosswalk.

In addition to understanding Florida law, it's also important to remember that a driver might not be liable for an accident if there is evidence that the pedestrian acted negligently. For example, if police reports and eyewitness statements show that the pedestrian was distracted by their phone or was jaywalking, then a driver might not be found liable for damages in these cases.

Is The Driver the Only Party Whom I Can Sue in A Pedestrian Accident?

No, the driver is not the only party you can sue in a pedestrian accident. The driver's insurance company is another potential defendant in a Florida pedestrian accident claim. That said, several other parties may be liable for your losses.

Other Potential Defendants

Some examples of other potential defendants who can be sued after a pedestrian accident include:

  • The vehicle's owner (if different from the driver).
  • The municipality is responsible for maintaining safe roads in the area.
  • The manufacturer of defective auto parts or vehicles that contributed to the crash.
  • The employer of a negligent commercial driver.
  • A governmental agency is responsible for misrepresenting road hazards or obstructions.
  • A construction firm responsible for obstructing roadways with construction vehicles and unattended equipment.
  • An intoxicated third-party person or spectator who caused the crash.
  • Another pedestrian contributed to the collision.
  • A property owner whose premises offered access to an unsafe public space.

When holding someone accountable for your damages after a pedestrian accident, it's important to consider all your legal options before making any assumptions about liability—especially since some laws governing liability in Florida are rather complex and nuanced.

To understand which parties, you may sue and how best to proceed with your claim, it's imperative that you consult with an experienced personal injury attorney soon after your accident so they can review all aspects of your case and determine how best to move forward under these circumstances

Pedestrian Injury Checklist: What to Bring to Meet Your Lawyer

When you go to meet your lawyer, make sure you have the following documents:

  • Proof of identity (e.g., a government-issued ID or driver's license).
  • Medical records (including X-rays, MRIs, and CT scans).
  • Records of any missed time at work.
  • Photos or videos of the accident scene, if possible.
  • Written accounts from any eyewitnesses.
  • Official police report from the accident.
  • Your insurance policy and/or claim information.
  • Any bills that can be itemized associated with medical care or property damage.
  • Mileage record for any trips to and from medical appointments due to your injury.
  • Any relevant correspondence between yourself and other parties related to the incident.

Having all this information handy will make it much easier for your lawyer to determine if you have a viable claim and start building a strong case for compensation on your behalf.

Do I Need an Attorney, Or Can I Handle the Claim Myself?

Should you get an attorney or handle the claim yourself if you've been hurt in a pedestrian accident? That's a tough call because while you can certainly try to settle the claim yourself, having an attorney can give you an advantage.

For one, they'll better understand the legal system and requirements than you do. They'll also know what evidence is needed to help your case, plus have the negotiating expertise to help get the settlement you deserve.

Taking on Your Claim
But if doing it yourself is something you're considering, there are some things to note first. You'll need to be very organized and stay current on the paperwork to be filed and deadlines to be met. You'll also need to research the laws in your state to understand what needs to be done for your claim to succeed.

Hiring An Attorney
On the other hand, hiring an experienced attorney makes sense, too, as they will have experience dealing with personal injury claims. Your attorney will work with experience handling claims similar to yours, which may result in a higher settlement amount than if you were going at it alone—and that's why hiring someone with legal knowledge is always an advantage.

How Long Does the Legal Claim Process Take?

Filing a pedestrian accident claim in Florida can take a few days to a few years, depending on the circumstances. Every case is different and has its unique factors to consider, such as:

  • The severity of your injuries.
  • The amount of evidence you have.
  • How much liability insurance coverage the other party has.
  • Whether the other party contests your claim.

Whether or not you'll need to go to court also depends on several factors. If both parties agree on a settlement amount, a lawsuit may not be necessary. But if there's a dispute regarding how much money should be awarded due to damages, then it's more likely that a trial could take place

It's also important to note that each state has its own rules and regulations governing how long personal injury claims can take—so always check with an attorney before filing your claim.

How Much Money Can I Expect to Recover If I File a Claim?

One of the most common questions about filing a pedestrian accident claim in Florida revolves around money. How much money can you expect to recover when you file a claim?

The simple answer? That depends on the specifics of your case. There is no one-size-fits-all answer regarding how much money you can expect to receive after a pedestrian accident in Florida.

The total amount of damages you recover will vary depending on the following:

  • The severity and permanency of your injuries.
  • Medical bills and other economic losses incurred due to the accident.
  • The amount of insurance coverage maintained by both parties involved in the crash.
  • The statutes and court rulings that govern your state.
  • Whether or not there are any deductions for contributory negligence.
  • Any awards made by the court for non-economic damages, such as pain and suffering.
  • The skills and expertise of your lawyer.

Ultimately, it's impossible to predict how much a person will receive from a pedestrian accident claim—it all depends on their circumstances. However, working with an experienced attorney can help ensure you get an optimal outcome for your situation.

I Have a Lawyer. But Do I Need a Different Lawyer for A Personal Injury or Pedestrian Accident Case?

You might wonder if you should hire a different lawyer for a pedestrian accident claim. The answer is: maybe.

Hiring someone with experience with pedestrian accident claims and familiarity with Florida law is important, as the laws can vary from state to state and even county to county.

The best way to do this is to call around and get some referrals from other attorneys or friends. Make sure you ask the lawyer plenty of questions about their experience, such as:

  • How often have you handled pedestrian accident claims?
  • Do you have any particular expertise in handling cases in Florida?
  • Are there any special laws or considerations that apply only in Florida?

Having an attorney specializing in pedestrian accidents will give you peace of mind that your case will be handled correctly. Even more importantly, they'll understand the nuances of the situation, giving you a much better chance at winning your case!

Contact Frankl Kominsky Pedestrian Accident Lawyers Serving Gainesville

No one ever expects to be involved in a pedestrian accident, but it can happen even with the most cautionary measures. If you have been a pedestrian accident victim in Gainesville, don't hesitate to contact Frankl Kominsky, pedestrian accident lawyers serving Gainesville, at (561) 800-8000. We have the experience and know-how to get you the best legal help should your case require it.

Frankl Kominsky has provided Gainesville area citizens with quality legal representation for years. Our team of qualified lawyers specializes in every aspect of personal injury law and will tailor their services to your case. They can provide the resources needed to help ensure you receive the compensation and damages you deserve.

Whether it is personal injuries, medical expenses, lost wages, or property damage, we will take all steps necessary to ensure you receive a satisfactory settlement for your claim. With an impressive track record of successful cases and satisfied clients, we will leave no stone unturned when fighting on your behalf.

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