Pedestrian Accidents

It can be frightening to be in a pedestrian accident. Florida roads are very busy with both tourists and residents, making the risk of pedestrian accidents higher than in less trafficked areas. Unlike the driver of a car or a truck, you have no layers of metal separating your body from another vehicle. The injuries can be quite serious. The experienced Ocala pedestrian accident attorneys at the Dean Law Firm can help you navigate the complex procedures involved in collecting damages for a pedestrian accident in Crystal River, the Villages, or elsewhere in Florida.

We will work with accident reconstruction experts, witness testimony, private investigators, police officers, and traffic camera footage from the scene of the accident to build your case. The statute of limitations period in Florida is short, making it important to consult with an attorney knowledgeable about pedestrian accidents right away.

It can be complicated to recover damages if you are hurt in a pedestrian accident in Florida, which is a no-fault insurance state. This means that you may not be able to immediately file a lawsuit against a car or motorcycle that hit you. Usually, you must first file a Personal Injury Protection (PIP) claim with your own insurer. In Florida, PIP insurance is mandatory for those who own cars. Injuries and lost wages, if you have the minimum coverage, are covered up to $10,000. Only after this coverage is exhausted can you file a lawsuit against a negligent driver for causing your injury. Since pedestrian injuries are often very severe, it is probable that the PIP coverage will be insufficient to cover all of your damages.

When you file a lawsuit, you probably will base it on a claim of negligence. You will have to show that:

• The driver who hurt you owed you, as a pedestrian, a duty of care;
• The driver breached the duty by disregarding traffic laws or driving recklessly;
• You suffered a serious injury because of the breach; and
• You suffered damages because of the injury.

Some common types of driver negligence include distracted driving, speeding, failure to yield at a crosswalk, failing to stop at a stop sign or light, and drunk driving.

Both drivers and pedestrians should use reasonable care on the road. It is possible that a defendant driver, or the driver’s insurer, will argue that you did not use reasonable care as a pedestrian and that you are partially at fault for the injuries you sustained. Some common acts of negligence by pedestrians include running into the street in front of a coming car, failing to use the crosswalk, failing to look both ways, or failing to follow the pedestrian signal at an intersection.

Florida is a comparative negligence state. This means that your total recovery may be reduced by the amount to which you are at fault. Comparative negligence also applies if you are bringing a wrongful death suit because your loved one died in a pedestrian accident in Florida.

If you or a loved one is hurt in a pedestrian accident, rest and recovery should be your primary concerns. Our Ocala pedestrian accident lawyers will work with accident reconstruction specialists, expert physicians, and economists to help you pursue the full amount of damages you need to move forward after a serious accident. We offer a free initial consultation to discuss your or your loved one's accident. Dean Law Firm accepts all injury claims on a no-recovery, no-fee basis. Contact us at 352-387-8700 or via our online form to get started. We represent clients in Marion, Sumter, Lake, Citrus, and Levy Counties.