In Florida, when a car collides with you, as the pedestrian, you must understand how to defend your rights. A crash will leave you bruised, frightened, and wondering what to do. An attorney specializing in personal injuries in Florida will be able to walk you through the process and help you understand the laws that protect pedestrians. A good personal injury attorney in Florida can also help you get the money you need for medical care, lost income, and pain.
This guide tells you the actions to follow, the Florida laws that are involved, and the role a personal injury lawyer in Florida can play when you have been injured in a pedestrian accident.
What are the Florida Laws That Protect Pedestrians?
There are strict regulations for drivers and pedestrians in Florida. The Florida Statute 316.130 contains these rules. The law says:
- Drivers must be careful and try to avoid hitting anyone walking on the road.
- One should not get in front of a moving car that is too near.
- Pedestrians should use sidewalks when available.
- If there is no sidewalk, pedestrians should walk on the left side, facing traffic.
These laws are significant as they assist in making decisions as to who is guilty. When the driver violates the law, he or she is normally liable. In case the pedestrian had violated the regulations, he/ she would have part of the fault. These rules can be explained by a lawyer who can assist in the process of understanding their impact on your case.
Florida’s New Deadline to File a Claim
In 2023, Florida amended its laws about injuries. You now have two years to file a lawsuit after a pedestrian accident. Failure to meet this deadline can result in a total loss of the right to compensation. This is the reason why it is important to act quickly. You can always meet a lawyer early enough, even when you are still healing, or not even knowing the extent of your injuries. A personal injury attorney in Florida will ensure that your case is registered on time.
Florida Uses a “Modified Comparative Negligence” Rule
Florida adheres to a rule known as modified comparative negligence. This provision will determine the extent of money that you can receive, assuming that you and the driver were both in the wrong. Here is how it works:
- Even when you are 50 percent or less to blame, you can receive compensation.
- You will recover nothing when you are 51 percent or more at fault.
Evidence is very significant under this rule. A detail, even in what direction you were walking, the color of the traffic light, or even that the driver was overdoing it, can be the difference between success and failure.
The personal injury lawyer in Florida may assist in proving that the driver was largely at fault, and this is what helps to defend your right to compensation.
What to Do Right After a Pedestrian Crash?
Your actions that follow a crash can save your health and your rights in court. Here is what you should do:
- Get medical help right away. Some injuries show up later.
- Snap a few shots of the scene, of your injuries, and so forth.
- Acquire the information of the driver, including name, license, and insurance.
- Get names of witnesses and their phone numbers.
- Admit no guilt, though you may be uncertain.
- Never speak to an insurance company of the driver without talking to a lawyer.
- Call a personal injury lawyer in Florida in order to defend your rights.
These few tips can be used to create a solid argument.
What Compensation You Might Receive?
A walking accident would result in severe injuries. You might require long-term care, off-duty, or treatment of pain. You can get paid on account of:
- Emergency room care
- Follow-up doctor visits
- Drug and physical therapy
- Lost wages
- Loss of future earnings
- Pain and suffering
- Emotional distress
- Long-term disability
- Loss of quality of life
Every case is different. A personal injury attorney in Florida can show you the value of your case and ensure you do not settle for less than what you rightfully deserve.
How a Personal Injury Attorney in Florida Helps You?
It is in itself a stressful endeavor to go through with a pedestrian accident claim. The insurance companies can coerce you, accuse you, or pay a very minimal amount. This is guarded against by a lawyer. An experienced personal injury lawyer in Florida will:
- Collect police documents, photographs, and videotapes.
- Learn Florida traffic regulations for pedestrians to demonstrate the faultiness of the driver.
- Negotiate with insurance companies on your behalf.
- Guard you, unfairly charged.
- Ensure that every deadline is followed.
- Add up the amount of your damages.
- Bargain for a good settlement.
- Proceed to court in case the insurance company is not willing to pay fairly.
Having a lawyer, you would be able to concentrate on the healing process and still have someone protect your rights.
Final Thoughts
It is scary and intimidating to be hit as a pedestrian in Florida. You can guard your rights by being informed of the law, responding promptly, collecting evidence, and seeking assistance from a lawyer. The best personal injury attorney in Florida will walk you through the rules of fault, insurance dealings, and general fighting to receive the compensation that you rightly deserve.
In case you or someone dear to you was injured in a pedestrian accident, contact Kagan Law PLLC to gain the knowledge and assistance you require to proceed legally.