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 Orlando injury lawyer 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, 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
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 Orlando injury 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.
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 we can help you obtain a fair recovery.
Talk to an Experienced Attorney About Your Florida Pedestrian Accident Case
Personal injury litigation can be complicated. 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.