Pedestrian accidents are unfortunately all too common, especially in busy areas like Orlando, FL, where traffic is heavy, and tourism keeps the sidewalks packed. Drivers must stay vigilant. There is rarely a reasonable excuse to hit a pedestrian. In Florida, pedestrians have the right-of-way at signalized intersections, but drivers and their insurance can still be held liable for accidents outside crosswalks. In pedestrian accidents, drivers are almost always held liable because these accidents almost always signify that negligence played a role.
There is an expectation that drivers be prepared to slow or stop at any time, according to Bike/Walk of Central Florida; however, this does not mean that pedestrians always have the right-of-way. In Florida, pedestrians are expected to behave according to sidewalk and crosswalk rules. Every street has a sidewalk, and pedestrians should use the sidewalk and not the shoulder of the road. Moreover, pedestrians must cross streets at crosswalks and only when the crosswalk is signaling that it is safe to walk; however, there may be times where pedestrians can’t help but be in the road which is why there is an expectation of drivers to be forever vigilant and on the lookout.
When negligence leads to someone being injured by a vehicle, it is essential to seek compensation. Factors like distracted driving, speeding, failing to yield, and driving under the influence increase the likelihood of these accidents and these cases are easy to prove. Despite negligence, insurance companies and their adjustors will attempt to devalue your injuries. A personal injury attorney is going to advocate for you and help you achieve a maximum settlement. Moreover, attorneys can review cases to determine negligence if it is not obvious, such as proving a driver was distracted by their cellphone or that a pedestrian had an unavoidable reason to be outside the crosswalk and the driver should have been looking out. An attorney is going to fight for you to ensure you are compensated for the accident.
How to Prove Negligence in a Pedestrian Accident
Negligence, in the context of pedestrian accidents, refers to a failure to exercise reasonable care, resulting in harm to pedestrians. This negligence can stem from various factors, including distracted driving, speeding, failure to yield, or disregarding traffic signals. While certain instances of negligence may be glaring, such as cases involving intoxicated or speeding drivers, others demand a nuanced analysis of the circumstances surrounding the accident. A skilled attorney is going to provide that analysis and demonstrate it in court if necessary.
The Role of Evidence in Establishing Negligence
In pedestrian accident cases where negligence is not immediately apparent, the collection and presentation of evidence plays a pivotal role. Skilled attorneys meticulously comb through available evidence to construct a compelling case demonstrating negligence. This evidence may include:
- Witness Testimonies: Eyewitness accounts provide valuable perspectives on the events leading up to the accident. Skilled attorneys leverage witness testimonies to corroborate the victim’s version of events and establish the negligent conduct of the driver.
- Police Reports: Official police reports offer detailed accounts of the accident scene, including statements from involved parties, observations by law enforcement officers, and preliminary assessments of fault. Attorneys analyze these reports to identify any violations of traffic laws or negligent behavior on the part of the driver.
- Medical Records: Comprehensive medical records documenting the extent of the victim’s injuries are crucial in proving the impact of the accident. Attorneys use medical evidence to underscore the severity of the victim’s suffering and the need for compensation.
- Surveillance Footage: In some cases, surveillance footage from nearby cameras may capture the accident as it unfolds. Attorneys scrutinize this footage to glean insights into the actions of both the driver and the pedestrian leading up to the collision.
The Role of Skilled Attorneys in Proving Negligence
Personal injury attorneys possess in-depth knowledge of relevant statutes, precedents, and legal strategies essential for building a strong case on behalf of the victim. Attorneys meticulously analyze the evidence, conduct thorough investigations, and leverage their negotiation skills to hold negligent parties accountable.
Moreover, skilled attorneys understand the intricacies of demonstrating negligence in cases where liability may be contested. Whether it involves challenging insurance companies’ attempts to minimize liability or presenting compelling arguments in court, attorneys serve as steadfast advocates for victims, ensuring their rights are upheld throughout the legal process.
The Statute of Limitations for Filing a Claim
In Florida, you can sue for injuries up to seven years post; however, waiting a long time is not advisable. Most people file claims for their injuries within two years. This is the recommended window of time. Due diligence, which is the reasonable steps an injured party must take to satisfy legal requirements, is taken very seriously by the courts. If not handled within a reasonable time frame, your case may be thrown out.
This is according to Florida Statutes section 95.11(3)(a), the general statute of limitations for personal injury claims, including those stemming from pedestrian accidents. Most cases are handled right away, but sometimes injuries aren’t so obvious. No matter when an accident occurs, if you are injured and having ongoing problems due to those injuries, you can and should speak to an attorney to discuss your rights and the likelihood the case will be accepted by the courts.
PI Lawyers Advocate for Your Rights and Compensation
Navigating the legal aftermath of a pedestrian accident can be overwhelming, especially while recovering from injuries. Having an experienced PI (personal injury) attorney by your side can make a significant difference in advocating for your rights and securing the compensation you deserve. An attorney can handle negotiations with insurance companies, gather evidence, and represent you in court if necessary.
Pedestrian accidents in Florida pose significant risks to individuals, often resulting in severe injuries and financial burdens. Understanding the importance of legal representation, documenting the accident scene, and taking prompt action can greatly impact your ability to seek compensation. By being proactive and seeking the assistance of a skilled attorney, you can navigate the complexities of the legal process and work towards obtaining the justice and compensation you deserve.
Coretta specializes in handling various insurance disputes and personal injury cases, holding licenses to practice law in all Florida counties and federal courts. Actively engaged in legal committees and community service organizations, Coretta is dedicated to making a positive impact both in and out of the courtroom. Additionally, she was a contributing editor on the Tenth and Eleventh Editions of The Florida Bar’s, Florida Automobile Insurance Law, No-Fault Insurance (2018 and 2019).