Steps To Take After Pedestrian Accidents in Florida
Experiencing an accident as a pedestrian can be a terrifying and disorienting event. The sudden impact, the confusion of the moment, and the potential for serious injury all contribute to a sense of fear and helplessness. Stay as calm as possible and take immediate steps to ensure your safety and well-being. The actions you take in the aftermath can significantly affect your recovery and any potential legal claims you may pursue. If you or a loved one has been injured in a pedestrian accident, Fran Haasch Law Group Accident & Injury Lawyers are here for you. Contact us for a free consultation to learn about your options to recover compensation for your pedestrian accident injuries.
What To Do After a Pedestrian Accident in Florida
Ensure Safety and Call Emergency Services
Your first priority should be to move to a safe location and away from immediate danger. Check yourself for injuries, and if you are seriously hurt, try to stay still and wait for help. Call 911 to report the accident and request medical assistance. Even if you believe your injuries are minor, it is crucial to be examined by a medical professional to rule out any serious conditions.
Gather Information
While waiting for emergency services, try to collect important information at the scene. This includes the contact details of the driver involved, the motorist’s insurance company information, and the make and model of the vehicle as well as the license plate number. If there are any witnesses, ask for their names and contact information as well. Take pictures of the accident scene, your injuries, and any relevant road conditions or signage.
Seek Medical Attention
After the initial examination by emergency responders, it is advisable to follow up with your healthcare provider. Some injuries, such as internal bleeding or concussions, may not be immediately apparent. Keep a detailed record of all medical treatments and expenses related to the accident. This documentation will be important for any insurance claims or legal actions.
Report the Accident
File a report with the local police department if one was not already created at the scene. This official record will be valuable for your insurance claim and any legal proceedings. Be sure to obtain a copy of the police report for your records.
Contact an Attorney
Consulting with a personal injury attorney who specializes in pedestrian accidents in Florida can help you understand your legal rights and options. An attorney can guide you through the complex legal landscape, assist with insurance claims, and represent you in court if necessary.
Notify Your Insurance Company
Inform your car insurance company about the accident as soon as possible. You will be assigned an insurance adjuster who will manage your pedestrian accident claim. Avoid giving detailed statements until you have spoken with your attorney.
Follow Through with Medical Treatment
Adhering to your doctor’s treatment plan is essential for your recovery and for supporting your claim. Attend all follow-up appointments, complete recommended therapies, and keep all your medical records organized.
By following these steps, you can ensure that you are protected both medically and legally after a pedestrian accident in Florida.
Understanding Damages in a Florida Pedestrian Accident
If you have been involved in a pedestrian accident in Florida, it is important to understand the types of damages you may be entitled to recover. Damages are typically categorized into economic and non-economic damages.
Economic Damages
These refer to the tangible financial losses resulting from the accident. They include:
- Medical Expenses: Costs for emergency room visits, hospital stays, surgeries, medication, physical therapy, and any future medical treatment related to the accident.
- Lost Wages: Compensation for any income you lost due to your inability to work following the accident. This also includes future lost earning potential if your injuries result in long-term or permanent disability.
- Property Damage: If any personal property, such as a cellphone or bicycle, was damaged in the accident, you may be entitled to compensation for repairs or replacement.
Non-Economic Damages
These cover the non-financial aspects of the accident’s impact on your life, such as:
- Pain and Suffering: Compensation for the physical pain and emotional distress you experienced as a result of the accident.
- Emotional Distress: This covers psychological impacts such as anxiety, depression, and any other mental suffering caused by the accident.
- Loss of Enjoyment: If your injuries prevent you from enjoying day-to-day activities and hobbies that you used to participate in before the accident.
- Loss of Consortium: Compensation for the negative impact your injuries may have on your relationship with your spouse or family.
Calculating these damages can be complex, and the precise amounts will depend on the specific circumstances of your case. It is advisable to work with an attorney at Fran Haasch Law Group Accident & Injury Lawyers who can accurately evaluate your claims and ensure you receive the compensation you deserve in your personal injury lawsuit. Understanding your rights and the potential damages available to you is a crucial step in the recovery process after a pedestrian accident in Florida.
How a Personal Injury Lawyer Can Help Your Personal Injury Claim After a Pedestrian Accident
When dealing with the aftermath of a pedestrian accident, navigating the legal landscape can be overwhelming and complex. This is where the skilled team at Fran Haasch Law Group Accident & Injury Lawyers becomes invaluable. Here are several ways a personal injury lawyer can assist with your pedestrian accident claim:
Expert Legal Advice and Guidance
A personal injury lawyer specializes in the laws and regulations that pertain to pedestrian accidents. They can provide expert advice tailored to your specific circumstances, ensuring that you understand your rights and the best course of action to take. Their expertise helps you avoid common legal pitfalls and strengthens your claim.
Thorough Investigation
To build a strong case, a lawyer will conduct a thorough investigation of the accident. This includes gathering evidence such as police reports, witness statements, medical records, and any available video footage. They may also work with accident reconstruction experts to establish liability and the extent of your damages.
Accurate Valuation of Your Claim
Determining the full extent of your damages is crucial for ensuring you receive fair compensation. A personal injury lawyer can accurately assess both economic and non-economic damages, considering current and future medical expenses, lost wages, and any impact on your quality of life. This comprehensive evaluation helps in negotiating a fair settlement.
Negotiating with Insurance Companies
Personal injury lawyers are skilled negotiators who understand the tactics insurance companies often use to minimize payouts. They will handle all communications with your insurance company as well as the driver’s insurance company, advocating on your behalf to secure a fair settlement. If negotiations fail, they are prepared to take your case to court.
Representation in Court
If a fair settlement cannot be reached, a personal injury lawyer will represent you in court. They will present a compelling case, using the evidence gathered to argue for the compensation you deserve. Having an experienced lawyer by your side increases the likelihood of a favorable outcome.
Reducing Your Stress
Dealing with the aftermath of an accident is stressful enough without the added burden of handling a legal claim. A personal injury lawyer can manage all the legal aspects of your case, giving you the peace of mind to focus on your recovery. They will keep you informed of all developments and provide support throughout the process.
Contingency Fee Basis
Most personal injury lawyers work on a contingency fee basis, meaning you do not pay any legal fees unless they win your case. This arrangement ensures that your lawyer is motivated to achieve the best possible outcome for you.
By leveraging the expertise of a personal injury lawyer, you can significantly improve your chances of obtaining the compensation you deserve after a pedestrian accident in Florida. Their support and guidance can make a critical difference in the outcome of your claim.
Common Injuries from a Pedestrian Accident
Pedestrian accidents often result in severe injuries due to the lack of protection for the person on foot. Some of the most common injuries include:
- Fractures and Broken Bones: The impact of a vehicle can cause significant trauma to the body, often resulting in fractures or broken bones. Commonly affected areas include the legs, arms, hips, and ribs.
- Head and Brain Injuries: Head injuries are particularly concerning as they can lead to long-term cognitive impairments. Traumatic brain injuries (TBI), concussions, and skull fractures are critical conditions that require immediate medical attention.
- Spinal Cord Injuries: Injuries to the spinal cord can have devastating effects, potentially leading to temporary or permanent paralysis. Damage to the vertebrae, discs, or spinal nerves can impact mobility and overall quality of life.
- Internal Injuries: The force of a collision can cause significant internal damage, including injuries to organs such as the liver, spleen, and lungs. Internal bleeding is also a major concern and may not be immediately apparent.
- Lacerations and Abrasions: Pedestrians may suffer from deep cuts, lacerations, and abrasions from contact with the vehicle or the ground. These injuries can lead to significant blood loss and may require stitches or other forms of medical intervention.
- Soft Tissue Injuries: Damage to muscles, tendons, and ligaments is common in pedestrian accidents. These soft tissue injuries can cause long-lasting pain and discomfort, often requiring physical therapy for recovery.
- Psychological Trauma: Beyond physical injuries, pedestrian accidents can result in psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. These emotional and mental health impacts should not be overlooked and may necessitate counseling or therapy.
Understanding the types of injuries common in pedestrian accidents can help victims seek appropriate medical care and build a comprehensive personal injury claim. Addressing both the physical and emotional consequences is essential to achieving full recovery and fair compensation.
Pedestrian Fatalities
Pedestrian fatalities are a tragic outcome of traffic accidents, reflecting the severe vulnerability of individuals on foot when involved in collisions with vehicles. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths account for a significant portion of traffic-related fatalities. These incidents often occur in urban areas, where high traffic density, inadequate crosswalks, and distracted driving contribute to the risks faced by pedestrians. Factors such as speeding, impaired driving, and failure to yield right of way further exacerbate the danger to pedestrians. Reducing pedestrian fatalities requires comprehensive measures, including improved infrastructure, stricter enforcement of traffic laws, and public education on road safety for both drivers and pedestrians. By addressing these critical areas, communities can work towards creating a safer environment for all road users.
Florida Laws Applicable to Pedestrian Accident Claims
Comparative Negligence
Florida follows the principle of modified comparative negligence, meaning that the compensation a pedestrian can receive may be reduced by their percentage of fault in causing the accident. However, if the pedestrian is determined to be more than 50% at fault for the injury, they are not eligible to recover damages.
Statute of Limitations
In Florida, the statute of limitations for filing a personal injury lawsuit following a pedestrian accident is generally two years from the date of the incident. Missing this deadline can result in losing the right to seek compensation. Due to these time constraints, it is advisable to take prompt legal action to preserve your claim.
Right of Way
Florida laws mandate that drivers must yield the right of way to pedestrians at crosswalks and intersections. Failure to do so can be considered negligence and hold the driver legally liable for any injuries caused. Pedestrians, in turn, must adhere to traffic control devices and signals, and exercise due caution when crossing roadways. Proper understanding and adherence to these rules can significantly influence the outcome of a pedestrian accident claim.
Understanding these Florida laws is essential for navigating the complexities of pedestrian accident claims. Consulting with a knowledgeable personal injury lawyer can help in effectively applying these laws to secure the compensation you deserve.
Fran Haasch Law Group Accident & Injury Lawyers Are Here for Pedestrian Accident Victims
The Fran Haasch Law Group Accident & Injury Lawyers law firm is dedicated to supporting victims of pedestrian accidents. With extensive experience in handling personal injury claims, our team is committed to providing comprehensive legal assistance to those affected by such traumatic events. We understand the unique challenges faced by pedestrian accident victims and strive to ensure they receive the justice and compensation they deserve. Our knowledgeable and compassionate pedestrian accident attorneys work tirelessly to investigate the circumstances of your pedestrian accident, accurately assess your damages, and negotiate with insurance companies to secure a fair and just settlement. Should your case require litigation, we are prepared to effectively represent you in court. At Fran Haasch Law Group Accident & Injury Lawyers, your recovery and well-being are our top priorities. Call us today for a free consultation.
