Walking across or near busy roadways as a pedestrian can be dangerous, even if you act responsibly and exercise caution. A single careless or reckless act by a motor vehicle driver could lead to a collision that leaves you with devastating injuries and losses. Unfortunately, recovering fair compensation for this type of harm can be a complicated process under Florida state law.
Luckily, a Riverview pedestrian accident lawyer could help you achieve a positive case result. Once retained, our committed personal injury attorneys could ensure you understand every rule and restriction applicable to your claim while guiding you through legal proceedings.
Who is Responsible for Pedestrian Accidents?
It is not always necessary to prove a driver’s negligence in a pedestrian collision to obtain financial recovery. If were struck by a vehicle, but have your own auto insurance, you can seek compensation for medical bills and other out-of-pocket expenses through personal injury protection coverage. If you are uninsured, you may seek the same restitution through coverage held by the driver responsible for your accident.
However, when it comes to recovering economic and non-economic losses, only people who suffer from serious injuries have the legal standing to file a personal injury claim. Severe harm includes permanent, disfiguring, or debilitating injuries.
Although it is usually the case that a driver who strikes a pedestrian is the one to blame for causing the incident, state law does not automatically assume drivers are at fault for wrecks like this unless an injured pedestrian can prove negligence.
Furthermore, if a court finds that you contributed to a collision that caused your injuries through some negligent act like entering a crosswalk without an appropriate signal, you may be barred from full recovery. According to Florida Statutes §768.81, courts can reduce a victim’s available financial award based on the percentage of blame assigned to them. A knowledgeable attorney in Riverview could explain rules surrounding pedestrian incidents in more detail during a confidential consultation.
Time Limits for Pedestrian Crash Cases
Another legal restriction regarding lawsuits for pedestrian accidents is the statute of limitations. Under Fla. Stat. §95.11(3), if you were injured through another person’s misconduct, you must file a civil claim against the negligent party within four years of discovering your injuries. If you do not file within that timeframe, you may be unable to recover the compensation owed to you.
This deadline applies even in situations where an accident victim’s injuries will have lifelong repercussions, meaning it is often necessary to identify and estimate the value of future damages like lost earning capacity and lost enjoyment of life long before they fully manifest. A seasoned pedestrian injury lawyer in Riverview could ensure you file a civil claim for your accident-related losses within a timely manner.
A Riverview Pedestrian Accident Attorney Is Ready to Fight for You
Even if you only sustain “minor” injuries that heal quickly, getting the financial recovery you deserve after a pedestrian crash you did not cause can be a challenging endeavor. Likewise, dealing with life-altering injuries can be frustrating, especially when they are a result of another person’s negligence.
In some cases, bringing a lawsuit against a responsible party can get even harder if do not have the help of a legal professional. A Riverview pedestrian accident lawyer could be an irreplaceable ally no matter what circumstances led to you being injured. Call today for an initial meeting.