Pedestrian accidents in Florida can have devastating consequences. Whether you were walking across the street, waiting at a bus stop, or simply enjoying a walk on the sidewalk, a collision with a motor vehicle can result in serious injuries. If you or a loved one has been involved in a pedestrian accident, understanding your legal rights is crucial. In this blog, we’ll explore the laws regarding pedestrian accidents in Florida and what steps you can take to protect your rights after an accident. Pedestrian accidents often result in severe injuries, including broken bones, spinal cord injuries, traumatic brain injuries, and even death. If you or a loved one has been injured in a pedestrian accident in Florida, it’s essential to consult with a knowledgeable Bradenton pedestrian accident lawyer. An attorney can help you understand your rights, negotiate with insurance companies, and fight for the compensation you deserve.

Florida Pedestrian Laws: What You Should Know

Florida law prioritizes pedestrian safety and lays out specific rules regarding who has the right of way. Pedestrians generally have the right of way at crosswalks, and drivers must yield to them when they are crossing in these designated areas. However, there are certain circumstances where pedestrians may not have the right of way, such as when they are jaywalking (crossing outside a crosswalk) or crossing against a traffic signal. Under Florida Statutes Section 316.130, drivers are required to stop for pedestrians in marked or unmarked crosswalks, but pedestrians must also be cautious and aware of traffic before stepping into a crosswalk. This means that pedestrians should always look both ways before crossing and be aware of traffic signals and potential hazards.

Determining Liability in Pedestrian Accidents

When a pedestrian accident occurs, determining liability is essential in pursuing a personal injury claim. Florida follows a comparative negligence system, meaning that multiple parties can share responsibility for an accident. In a pedestrian accident, the driver could be at fault for failing to yield to the pedestrian, speeding, or driving recklessly. However, the pedestrian could also share some blame if they were jaywalking or crossing outside a crosswalk when the accident happened. Florida’s comparative negligence laws mean that even if you are partially at fault for the accident, you can still recover damages, though your compensation may be reduced by your percentage of fault. For example, if the court finds you 20% at fault, your compensation would be reduced by that percentage.

Compensation for Pedestrian Accident Injuries

If you are injured in a pedestrian accident in Florida, you may be entitled to compensation for your injuries, medical bills, lost wages, and pain and suffering. Some of the damages you may be able to recover include:

  • Medical Expenses: This includes emergency room visits, hospital stays, surgeries, rehabilitation, and ongoing medical care related to the injury.
  • Lost Wages: If your injury prevents you from working, you may be able to recover wages you lost during your recovery.
  • Pain and Suffering: Florida law allows pedestrians to seek compensation for the physical and emotional toll that an accident has on their life.
  • Property Damage: If your personal property was damaged in the accident (such as a phone or wallet), you may be able to recover the cost of repairs or replacement.
  • Wrongful Death: If a loved one was killed in a pedestrian accident, family members may be able to file a wrongful death claim for funeral expenses, loss of companionship, and other damages.

The Role of Insurance in Pedestrian Accidents

Florida is a no-fault insurance state, meaning that your own auto insurance may cover some of your medical expenses, regardless of who was at fault. However, in serious pedestrian accidents, the at-fault driver’s insurance may be responsible for additional costs, such as pain and suffering or lost wages. It’s important to work with an experienced pedestrian accident lawyer who can help navigate the complexities of insurance claims. An attorney can ensure that you pursue all available avenues for compensation, including any claims you may have against the responsible driver’s insurance policy.

What to Do After a Pedestrian Accident

If you are involved in a pedestrian accident, it’s essential to take the following steps:

  1. Seek Medical Attention: Even if your injuries seem minor, always seek medical attention immediately. Some injuries, like concussions or internal injuries, may not be immediately apparent.
  2. Report the Accident: Call the police and file a report. The police report will be critical in establishing the details of the accident and may be used as evidence in your claim.
  3. Gather Evidence: If you’re able to, gather as much evidence as possible. Take pictures of the scene, your injuries, and any property damage. Collect contact information from witnesses who can testify about the accident.
  4. Consult with an Attorney: An experienced personal injury attorney can help protect your rights and ensure that you receive fair compensation for your injuries.

Understanding Your Rights

Pedestrian accidents in Florida can be life-altering, but understanding your legal rights and taking the right steps after an accident can make all the difference in securing fair compensation. If you or a loved one has been injured, don’t hesitate to reach out to a qualified personal injury attorney to protect your rights and ensure that you are properly compensated for your injuries.