When a Pedestrian Accident Threatens to Turn Your World Upside Down, Our Trusted Injury Attorney Can Help Set Things Right
Pedestrian Accident Attorney in Orlando, FL
Walking is an affordable, environmentally-friendly, and heart-healthy way to get around. Unfortunately, in Florida, it’s also exceptionally dangerous. Pedestrians are more likely to be injured or killed in a motor vehicle accident in the Sunshine State than anywhere else in the country. And Orlando has the unenviable distinction of being the most hazardous city in the nation for people traveling on foot.
At Louis Berk Law, our trusted Pedestrian Accident Attorney has helped pedestrian accident victims throughout Central Florida navigate the litigation process and recover fair compensation for their injuries and losses. You could be next. Here’s what you should know about Florida pedestrian accident cases and how you can benefit from skilled legal representation.
Florida Pedestrian Accident Case Basics
Interested in seeking compensation for a pedestrian accident, but don’t know the first thing about Florida personal injury insurance claims and lawsuits? These key factors heavily affect your ability to pursue a legal remedy and collect damages:
- Statute of limitations. Florida law gives you four years to file a pedestrian accident claim or lawsuit. If you fail to file within this time frame, you could be barred from taking legal action.
- Comparative negligence. You may still be able to recover compensation with the assistance of our Pedestrian Accident Attorney, even if you were partially responsible for the accident in which you were injured. However, the amount of your recovery may be reduced.
- Personal injury case elements. To secure damages, you must prove that the at-fault party had a duty to operate their vehicle safely and breached that duty, causing an accident that resulted in injuries and financial losses.
Common Types of Pedestrian Accidents
Serious accidents involving pedestrians and motor vehicles can occur in a number of ways and places. These are some of the most common types of pedestrian accidents reported in Florida:
- Vehicle strikes a pedestrian crossing the street
- Vehicle sideswipes a pedestrian standing or walking on the side of the road
- Vehicle backs into a pedestrian
- Pedestrian is injured when trying to avoid being hit
Types of Florida Pedestrian Accidents
The higher the speed of the vehicle, chances of the pedestrian suffering from a fatal injury are high. The Florida Pedestrian Accident Attorneys at Louis Berk Law Firm helps the pedestrian accident victims navigate through personal injury cases. Be it car, truck, or motorcycle accidents, the most common pedestrian cases are,
- Intersection Accidents: An intersection accident takes place when a pedestrian tries to cross an intersection quickly. In case the pedestrian steps in the road towards the wrong direction, the driver does not have the time to stop on time. Or, in case the driver runs a red light and hits the pedestrian straight away.
- Vehicle turns: These kinds of accidents occur mostly when the driver drives with the intent to make a turn into the traffic. In the course, drivers look both ways and often overlook the pedestrian, causing accidents.
- Dart-out Accidents: Dart-out accidents occur mainly when the pedestrian darts out onto the road; the driver does not get enough time to respond accordingly. The pedestrian may be without fault, but due to any distraction or view blockage, the driver fails to see the pedestrian.
- Passing Accidents: In passing accidents, the drivers cannot see pedestrians from the back of other vehicles. The driver might hurt the pedestrians while passing the vehicle standing in the front.
- Vendor Accidents: Vendor accidents take place on the neighborhood streets when the drivers of vendor trucks (ice cream carts, vegetable trucks, etc.) fail to see the buyers running toward them. In the course, the driver of another vehicle may hit the pedestrians while they are trying to reach the vendor trucks in a hurry.
- Backup Accidents: Backup accidents mostly occur in the parking lots. The accidents take place mostly when the driver hits a pedestrian while backing up the vehicle without looking behind.
Risk Factors for Pedestrian Accidents
Anyone can fall victim to a pedestrian accident. Alcohol is one of the predominant factors when it comes to road accidents. Many of the pedestrian accidents show the consumption of alcohol either by the driver or the pedestrian.
Aged people and children are the most at risk on roads. If you or anyone you know has been involved in an accident, the law entitles you to claim compensation for the losses you have suffered. If you win the case, you can secure the costs of your physical pain, mental distress, treatment costs, loss of property and enjoyment, and loss of income. Contact the Florida Pedestrian Accident Attorneys at Louis Berk Law Firm and schedule a free consultation.
Reasons for Pedestrian Accidents
No one cannot predict an accident or a collision. However, most pedestrian accidents are avoidable if you remain careful. Failure to follow road laws lies at the core of pedestrian accident cases. The reasons may include,
- Low Light: Pedestrian accidents can take place when the driver overlooks the nearby pedestrians. These accidents occur mostly in parking spaces when the light is low. When visibility is low, the drivers must be very attentive and responsible. Vehicle drivers need to be more alert in areas with heavy foot traffic.
- Rash Driving: Motor vehicle drivers who take excessively high speeds in high-traffic zones have a high risk for accidents, pedestrian accidents, to be specific. Reckless driving leads to less attention on the road and pedestrians. A sole focus on speed can result in a crash at times, causing pedestrians damage.
- Loss of Control at Sidewalks or Crosswalks: Most of the pedestrian accidents take place at intersections. The accidents are fatal when the drivers fail to yield at the crosswalks or sidewalks, even when the pedestrians have the right to walk through the path. The accidents are more awful when the drivers are distracted and careless about the roads. Contact the Florida Pedestrian Accident Attorneys immediately after you have been injured in a pedestrian accident.
Injuries Associated With Pedestrian Accidents
Today’s vehicles are equipped with numerous safety features designed to protect drivers and passengers from serious injury in the event of an accident. Unfortunately, pedestrians have no such protection and often sustain grave injuries as a result. Common injuries include:
- Severe lacerations and contusions
- Broken or crushed bones
- Head and brain injuries
- Back and shoulder injuries
- Facial injuries
- Spinal cord damage (which may lead to paralysis)
- Lost or amputated limbs or digits
- Internal bleeding
- Organ damage
- Extensive scarring
- Nerve damage
Treatment costs for pedestrian accident injuries can be devastating. Our compassionate and dedicated Florida Pedestrian Accident Attorney can help you recover compensation for these expenses, as well as for property damages, lost wages, loss of earning capacity, physical pain and suffering, psychological trauma, scarring or disfigurement, reduced quality of life, and other damages.
What to Do After A Pedestrian Accident
Steps you must take after you have been in a pedestrian accident can influence your injury claim. Some actions can help you keep the evidence and empower your case, whereas others may wipe away the odds in the course of a successful recovery. Connecting with a Pedestrian Accident Attorney is of utmost importance in the path to seeking compensation.
- Seek Medical Care: After being hit by a vehicle on the road, you must immediately seek medical attention. Even if the injuries seem minor initially, you need to see a doctor to check your injuries. Hidden injuries worsen with time. A medical professional can examine your injuries and connect them with the accident.
- Collect Information: After you have been involved in an accident, your job is to collect as much information as you can. Your job begins at the accident spot only. Get the name, contact number, and insurance information from the at-fault party.
- Do Not Discuss the Accident: Whatever you do, make sure you do not speak a single word associated with the accident case and your injuries. Your words can be distorted and presented against you in the course of the trial. And, never admit your fault before the other party, as it could affect your compensation.
- Consult Pedestrian Accident Attorney: Though it is not a must to consult a Pedestrian Accident Attorney in the beginning, it adds to your strength indeed, especially if you are in the recovery process. An attorney can examine your case and take the necessary steps to make your lawsuit solid. Our team would represent you before the court and bring in the best compensation for your losses.
Florida Pedestrian Accident Law and Statute of Limitations
Florida Statute 316.310 classifies pedestrians, including walkers, runners, skaters, and skateboarders. The pedestrians must follow the traffic rules unless and until they are instructed otherwise by the official. The drivers also must follow and maintain traffic rules for the safety of the pedestrians. In case of a pedestrian accident, connect with Florida Pedestrian Accident Attorneys for expert legal guidance.
In the course of a pedestrian claim, the injury victims are bound to a specific time before the legal actions are taken. According to the Florida State Statute, you have to file a personal injury claim within four years after you have been injured in a pedestrian accident. In case of wrongful death, the timespan gets reduced to 2 years.
Understanding the Recovery Process
Florida is a no-fault insurance state, which means you’ll submit claims to your own insurance company first. Here’s how it works:
- The Personal Injury Protection (PIP) and Medpay coverage in your own auto insurance policy will cover your medical expenses up to the policy limit. Don’t own a vehicle? If you’re living with a relative who has PIP or Medpay as part of their policy, you can submit a claim to their insurer.
- Don’t own a vehicle and aren’t living with an insured relative? The at-fault motorist’s PIP coverage should cover your medical bills. (However, this doesn’t apply if the driver isn’t a Florida resident.) Alternatively, you can submit a claim against your own health insurance policy.
- You can sue the at-fault motorist for economic and non-monetary losses not covered by the above insurance policies—and our Pedestrian Accident Attorneys can help you obtain a fair recovery.
Securing Compensation Inspite of you being At fault
An argument might arise that you are at fault for your losses. While walking on the road, if you suddenly turn towards the oncoming traffic, the driver can’t stop the vehicle on time. Knowledgeable and experienced attorneys can aid you in dealing with legal claims that involve shared liability.
According to Florida Law, you can recover damages that are proportional to your degree of fault. Our Florida Pedestrian Accident Attorneys at Louis Berk Law help you lead your pedestrian case to a positive outcome.
Know More About Florida Pedestrian Accident Cases
Florida Pedestrian Accident Case Basics
If you are a victim of a pedestrian accident, you must immediately contact a Florida Pedestrian Accident Attorney, as you might be entitled to compensation. An expert attorney examines your case thoroughly and makes important decisions from your end.
Personal injury litigation can be complicated. At Louis Berk Law, we are here to listen to you and discuss your case now. Let us handle your claim from start to finish and help you collect the compensation you deserve. Contact us today to schedule an appointment for a no-cost, no-obligation consultation.