When a roadway accident occurs involving a vehicle and a pedestrian, it is almost inevitable that significant or life-threatening injuries may follow. Pedestrians have virtually no protection if a careless driver hits them. An Orlando pedestrian accident lawyer could advise whether you may be eligible for compensation if you or someone you know was involved recently in this type of collision. It is vital to get advice from a skilled personal injury attorney who could help you more fully understand your rights under the law and how to proceed with a claim for compensatory damages.
Legal Fault in Pedestrian Collisions
A pedestrian collision case rests upon a determination of legal fault. Distracted driving, drunk driving, failure to yield the right of way, improper turns, speeding, disobeying traffic lights, and reckless driving are just a handful of the common ways that pedestrian collisions can happen.
However, to hold the driver responsible for their damages, the injured pedestrian must be able to show that their case fulfills all four elements of the negligence doctrine. These elements are as follows:
- The driver had a legal duty to the pedestrian
- The driver breached that legal duty
- The driver’s breach was the reason the pedestrian was hurt
- The pedestrian’s injuries caused them to suffer harms that can be compensated
A pedestrian crash lawyer could help the injured pedestrian file a strong claim for compensation. It is essential to understand that there may be instances in which the court finds the pedestrian somewhat culpable in their injuries. When this happens, per Florida Statutes § 768.81, the court would reduce the pedestrian’s compensation based on their percentage of the blame. An attorney would work diligently to diminish any claims of fault launched against the injured pedestrian by the driver and their insurance company.
Compensatory Losses for Injured Pedestrians
Compensation for injured pedestrians may include numerous types of losses. The person could be awarded compensation for their non-economic losses, such as pain and suffering, in addition to economic costs like medical expenses, lost income, and physical therapy costs. Punitive damages may also be awarded in specific claims.
Statutory Window to File a Pedestrian Accident Claim
It is paramount to speak with an Orlando attorney early on following a pedestrian accident. Florida law establishes a specific statutory window in which injury claims can be filed. If the injured party fails to file their claim within that window, they would no longer be eligible for compensation.
Under Fl. Stat. Ann. § 95.11, the statutory window is four years, starting on the date of the incident. The injured party has up to four years from the day they are hurt to get a lawsuit started, or else be forever barred from claiming financial damages.
An Orlando Pedestrian Accident Attorney Could Help with Your Case
An Orlando pedestrian accident lawyer could give your case the attention it deserves and fight for full compensation on your behalf every step of the way. If you think you may be owed compensation, it is crucial to speak with an attorney as soon as possible.
Call and set up your initial consultation.