Florida Pedestrian Accident Lawyers
The last thing you want or expect when you are out walking or running in the Florida sunshine is to be struck by a motor vehicle. Unfortunately, pedestrian accidents occur all too frequently. Scott Marshall Injury Attorneys are skilled, compassionate Florida pedestrian accident lawyers, representing injured victims across the state. As an experienced personal injury law firm, we help our clients pursue the compensation they are entitled to receive for their injuries. Contact us to schedule a free, no-obligation initial consultation today!
A Look At The Numbers:Statistics On Florida Pedestrian Accidents
Sadly, Florida ranked third in the nation for pedestrian fatality rates in 2021, with 817 pedestrians killed, according to data provided by the National Highway Traffic Safety Association. This represents a fatality rate of 3.75 per 100,000 residents.
The reasons for pedestrian accidents vary. However, there are some common causes our attorneys tend to see more frequently than others. These include:
- Drivers operating vehicles under the influence of alcohol or drugs;
- Careless/reckless driving;
- Texting while driving/other distracted driving; and
- Failing to adhere to posted signs or obey traffic laws.
Florida law requires drivers to carry a minimum of $10,000 in Personal Injury Protection (PIP) liability insurance coverage. This coverage requirement is designed to pay for victims’ necessary medical expenses related to covered motor vehicle accidents, including pedestrian accidents. The reality is that pedestrians struck by motor vehicles often suffer serious injuries, requiring surgeries or ongoing treatment which can exceed this minimum coverage amount significantly. Our knowledgeable pedestrian accident lawyers can help file claims seeking damages designed to cover actual and expected losses.
What Is A Florida Pedestrian Accident Injury Claim?
Pedestrian accident law firms help injured victims by filing claims for damages. An injury claim is a lawsuit, filed through the Florida court system, demanding compensation from the responsible party on behalf of the victim.
To prevail on an injury claim, your lawyer will need to be able to show, through evidence, that the driver and/or another party acted negligently, and that this negligence is what led to the injury accident. Negligence, in Florida personal injury law, means that someone had a duty of care and failed to exercise that duty. As applied to drivers in motor vehicle/pedestrian accidents, negligence typically means that the driver failed to take the care that a reasonable driver would take in the same or similar circumstances.
In addition to showing that the responsible party acted negligently, your attorney must be able to prove that the driver’s negligence resulted in the accident which caused your injuries. To do this, your legal team will investigate and gather evidence to support your claim. While you do not need to seek immediate legal representation after becoming injured, it is in your best interest to consult with an attorney sooner rather than later. That’s because there are time limits for filing claims; waiting too long could mean you are unable to collect anything for your losses. Talking to an attorney as soon as you feel up to doing so will preserve your rights, ensure you meet all applicable deadlines, and make it easier for your legal team to gather relevant evidence.
Note that if a loved one died as the result of injuries sustained in a motor vehicle/pedestrian accident, talk to your attorney about wrongful death claims rather than pedestrian accident claims. Scott Marshall Injury Attorneys helps victims’ families recover compensation for their losses.
When Is A Driver Liable In A Pedestrian Accident?
Every pedestrian injury accident claim is different, depending on the specific facts and underlying circumstances. Our attorneys work closely with victims and their loved ones to ensure we understand the details so we can build and support the strongest possible claim for each client.
Driver negligence can be obvious. For example, if a driver ignored a stop sign, ran a red light, or failed a field sobriety test after the accident, they acted negligently. However, other parties may share liability for their negligence. For example, the owner/operator of a poorly lit or poorly maintained parking structure could have some legal responsibility for a pedestrian’s injuries, if that lack of lighting/maintenance contributed to the accident.
Your pedestrian accident lawyer will work to identify all parties who may be liable and to hold them responsible for their negligence.
What Compensation Can Injured Pedestrians Receive?
The potential value of your legal claim will depend on several variables. In most cases, Florida personal injury claims must be filed no later than two years after the date of the accident. If your claim was filed on time, and if the evidence shows that the defendant acted negligently and is therefore liable under the law, you should be able to recover damages (compensation) for your losses. This compensation is designed to cover:
- Medical costs. Your damages award should include an amount designed to cover your actual/expected medical expenses related to your accident, including hospital stays, physician visits, surgeries, therapy, follow-up care, medications, and more.
- Lost earnings. If you missed work because of your injuries, you can claim damages for your lost wages. Your attorney can also help you calculate and claim damages for lost future earnings, if your injuries mean you cannot continue working in the same capacity.
- Pain and suffering. Your legal claim can also include an amount designed to compensate you for emotional distress, pain, and diminished quality of life resulting from your accident.
In the event your loved one died as the result of a pedestrian accident, your wrongful death claim will also include damages designed to pay funeral costs and final expenses, as well as other case-specific compensation.
How Can Pedestrian Injury Lawyers Help?
When you work with the experienced Florida pedestrian accident lawyers at Scott Marshall Injury Attorneys, you can be confident your claim is in capable, compassionate hands. Our team of professionals understand Florida law, and we are adept at navigating the legal system with ease.
We handle all filings and communications for our clients, removing as much of the stress from the process as possible. We will negotiate your claim, fighting to help you obtain the best possible outcome for your case. In the event the other party is unwilling to agree on a fair settlement, we will litigate your claim in court, serving as fierce advocates for your rights and interests.
Do I Have A Claim Even If I Was Partially Responsible?
Sometimes, defendants in pedestrian accident claims argue that the victim was partially responsible for the accident. Even if you were partially at fault, you may still be able to recover compensation for your injuries.
Under Florida’s shared liability laws, victims who are partially responsible can still recover damages in proportion to the percentage of fault assigned to them. Consulting with skilled pedestrian injury accident attorneys is the best way to evaluate your rights, options, and understand the potential value of your claim.
Let Our Pedestrian Accident AttorneysHelp You With Your Claim
If you were injured after being struck by a motor vehicle as a pedestrian, or if a loved one was injured or killed in a pedestrian accident, you may be entitled to compensation for your losses. Scott Marshall Injury Attorneys helps victims in Tampa, Miami, Orlando, and across Florida recover the funds they are owed, helping victims move on with their lives.
As a boutique law firm serving clients since 1997, we are committed to meeting clients’ needs and exceeding expectations. To learn more, contact our attorneys for legal guidance today!
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