Walking should be a safe and straightforward way to get around our beautiful community. Whether you are crossing the street in a busy area like the intersection of State Road 7 and Atlantic Boulevard or just taking a stroll through your neighborhood, you have a right to feel secure. Tragically, when a vehicle strikes a pedestrian, the results are often devastating. With nothing to protect you from the force of a multi-ton car, the injuries can be catastrophic and life-altering.
In the aftermath of such a traumatic event, you are left to deal with immense physical pain, emotional distress, and a growing pile of medical bills. You may wonder about the legal considerations involved in a pedestrian vs. vehicle accident and your rights under Florida law. Legal experts in Margate can help you understand your options as you navigate this difficult time.
The Devastating Reality for Pedestrians
The simple physics of a pedestrian accident are terrifying. A person on foot has absolutely no protection, which is why these accidents so often result in severe injuries, including:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Multiple broken bones
- Severe road rash and disfigurement
- Internal organ damage
These are not minor injuries; they are life-changing events that can require a lifetime of medical care, result in an inability to work, and cause profound personal suffering.
Who Is at Fault? Understanding Negligence in Florida
In any accident case, the central legal question is: who was negligent? Negligence is the legal term for failing to act with a reasonable level of care, which in turn causes harm to another person. Both drivers and pedestrians must be careful and follow traffic laws.
A Driver’s Duty of Care
Drivers in Florida have a legal duty to exercise “due care” to avoid colliding with any pedestrian. This means they must be constantly aware of their surroundings, obey speed limits, yield the right-of-way at crosswalks, and avoid distractions like texting while driving. A driver who fails in this duty can be held legally responsible for the harm they cause.
A Pedestrian’s Responsibilities
Pedestrians also have a responsibility to look out for their own safety. This includes using crosswalks when available, obeying pedestrian signals, and not suddenly darting into the street. But what happens if a pedestrian is also partially at fault?
Florida’s Comparative Negligence Law
This is one of the most important legal considerations in a pedestrian accident case. Florida follows a comparative negligence rule, which allows you to recover compensation even if you were partially at fault for the accident, as long as your percentage of fault is not greater than the other party’s fault.
Here is how it works: a court will assign a percentage of fault to each party involved. If you are found to be 30% at fault for the accident, your final compensation award would be reduced by 30%. This rule is a critical protection for injury victims, but it is also why insurance companies will often work hard to shift as much blame as possible onto the pedestrian.
How Does Insurance Work After a Pedestrian Accident?
Another key legal consideration in Florida is our state’s no-fault insurance system. Your first source of coverage for medical bills after an accident, even as a pedestrian, will typically be your own Personal Injury Protection (PIP) coverage from your auto insurance policy. PIP provides up to $10,000 for medical expenses and lost wages, regardless of who to blame for the accident.
But what if your injuries are severe and your costs far exceed $10,000? In that case, you can explore other options outside the no-fault framework and file a personal injury lawsuit directly against the at-fault party. This is where proving the driver’s negligence becomes absolutely critical. The legal world is full of complexities; even the most experienced divorce lawyers in Apollo Beach must navigate intricate state laws to protect their clients, just as we do in personal injury cases.
What Compensation Can You Seek?
If you were seriously injured due to a driver’s negligence, you have the right to seek compensation for the full range of your losses. This can include:
- Medical Expenses: All of your past, present, and future medical bills related to the accident.
- Lost Wages: The income you lost while unable to work and the loss of your future earning capacity if you are disabled.
- Pain and Suffering: Compensation for your physical pain, emotional distress, and loss of enjoyment of life.
Accurately calculating these damages, especially for future needs, is complex. This is where a knowledgeable attorney can be an invaluable asset. While the specifics of family law differ, skilled divorce lawyers in Apollo Beach and personal injury attorneys share a common goal of protecting their clients’ long-term financial stability.
A Caring and Passionate Advocate on Your Side
I understand this is a challenging and painful time for you and your family. My approach is to be a caring, passionate, and approachable advocate for every client I serve. As a legal expert, I am committed to providing generous and clear guidance, helping you understand your rights and evalute your legal options every step of the way.
I believe in fighting tirelessly for the people of Margate who have been wrongfully injured. My job is to handle the complex legal and insurance issues so you can focus on your health and recovery. Call Bader Bodner Law PLLC at [954-945-9689] for a FREE consultation. Let me listen to your story, answer your questions, and explain how I can work with you to pursue the justice and settlement you deserve.