FAQs About Florida Pedestrian Accidents
Unfortunately, Florida has been ranked the most dangerous state for pedestrians. Between 2010 to 2019, Florida recorded 5,893 pedestrian deaths. According to the Insurance Institute for Highway Safety, in 2019 alone, Florida recorded 713 motor-vehicle-related pedestrian deaths. Unfortunately, because pedestrians have zero protection from forceful impacts, a pedestrian accident involving a motor vehicle is bound to leave a pedestrian with serious injuries. Even a pedestrian who gets involved in an accident with a car moving at a slow speed can still suffer severe injuries.
Thankfully, Florida allows pedestrians to file for compensation if they suffer injuries due to other people’s negligence. If you were involved in a pedestrian accident and are considering filing a claim, you probably have many questions regarding pedestrian accident cases you want to be answered. Below are answers to five of the most frequently asked questions about pedestrian accidents in Florida. Hopefully, you will find some, if not all, of the answers you are looking for below. However, do not take any of the answers given below as legal advice. For legal advice, don’t hesitate to get in touch with an attorney.
Do I Need To Retain a Pedestrian Accident Attorney?
Although you are not required by law to hire a pedestrian accident attorney, it is advisable that you hire one. An attorney can fight for your rights and ensure you get the compensation you deserve while you focus on recovery.
Should I Contact the Motorist’s Insurance Company?
Even though you should initiate your pedestrian accident claim as soon as you can after your accident, it is advisable that you speak to a personal injury attorney before speaking to the at-fault driver’s insurance company. This is because if you contact the motorist’s insurance company before speaking to an attorney, you might end up accepting an unfair settlement. Insurance companies usually give plaintiffs unfair initial settlement offers. An attorney can help you determine whether a settlement offer is fair and prevent you from being under-compensated.
Additionally, laws for pedestrians are typically similar to laws for vehicles, with some exceptions. For example, bicycles should ride WITH the direction of traffic. Pedestrians, however, should walk AGAINST the direction of traffic.
How Much Can I Expect To Recover From My Claim?
This is one question that every potential client wants to be answered. The reality is that the amount you will recover from your claim depends on your case’s specifics. Usually, when it comes to how much a pedestrian accident victim should receive, different factors are considered. Some factors that are considered include:
- The severity of a plaintiff’s injury
- Whether the plaintiff was also negligent
- The proof of a direct link between the accident and the plaintiff’s injuries
- The total amount of medical bills
- Amount of lost wages
What Do I Do If the Driver Who Hit Me Fled?
If you were involved in a pedestrian accident where the at-fault driver fled, you can file a claim with your insurer if you have Uninsured/Underinsured Motorist (UM/UIM) coverage. Florida law treats a hit-and-run driver who cannot be found as someone with no insurance. If you don’t have UM/UIM coverage, speak to an attorney to learn about your other options.
Will I Have To Go to Court?
If your attorney can secure fair compensation for you outside court, then you won’t have to go to court. A large majority of cases resolve before trial. With that said, it is crucial that you hire a pedestrian accident attorney who is experienced in litigation to discuss your options with you.
Contact a Plantation Pedestrian Accident Lawyer
At Lyons & Snyder, we are committed to getting our clients the compensation they deserve, be it through out-of-court negotiations or litigation. If you were injured in a Florida pedestrian accident, contact a Plantation pedestrian accident lawyer at Lyons & Snyder today to discuss your case.
Resource:
usnews.com/news/best-states/articles/2021-03-10/these-are-the-most-dangerous-states-for-pedestrians
