With an injury/fatality rate of over 80%, pedestrian accidents are some of the most serious accidents in the state of Florida. The National Highway Traffic Safety Administration ranks Florida as the third most dangerous state for pedestrians. The probability of being injured or killed by a negligent driver while on foot is particularly high in Florida compared to most other states.
On average, 500 pedestrians are killed while 7,000 are injured as a result of pedestrian accidents in Florida each year. Given the lack of physical protection, the pedestrians are typically the most affected in these accidents. If you’ve sustained serious injuries as a result of a careless driver, you may be entitled to financial compensation for your injuries and damages.
Our compassionate and skilled Tampa pedestrian accident lawyer at Florida Lawyers 360 are committed to assisting injured pedestrians to get the justice that they deserve. We can help you too. Trying to cope with your injuries and your new situation can be very challenging. You need all the financial support you can get, and we can make that happen. Call our personal injury attorneys at (954) 448-7355 to schedule your free consultation.
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What Should I Do After A Pedestrian Accident?
Knowing what to do after being involved in a pedestrian accident is very important. You need to ensure that your rights and wellbeing are safeguarded. Here are some important steps to take after a pedestrian accident in Tampa, Florida.
Seek Medical Attention Immediately!
It is your responsibility to ensure that you receive the necessary medical attention. Have someone call emergency responders or ask to be taken to the nearest hospital. Failing to seek medical attention can weaken your claim and have a long-term effect on your health.
Contact The Police
It is important to call the police whenever you are involved in any kind of accident. You will need them to file an official accident report. This will be very important for your claim.
It is important to write all the important details surrounding the accident if you are in a position to do so. This will help in preserving evidence and help you recall crucial information later on. Write down details such as the date and time of the accident, weather conditions, any smell of drugs such as alcohol or marijuana, the contact information of witnesses, etc.
Collect the name, contact information, and license plate number of the driver. Do this even if you are not feeling injured as you might need this information later on.
Record The Scene
Documenting the scene of the accident will be important in proving your case. Preserve the evidence while it is still fresh. Take pictures and videos of the site, capturing your injuries as well as anything that could potentially be used as evidence.
Document Your Injuries
Take photos of any visible injuries.
Do Not Discuss Fault At The Scene
While you will need to talk to the driver, do not discuss or talk about fault with them. Additionally, you should not try to apologize as this can harm your case later on.
Contact A Lawyer!
Having a lawyer on your side will be very important when dealing with a pedestrian accident claim. Not only will an attorney help you determine whether you have a valid case, but he/she will help you throughout the process and ensure that you are fully compensated for your damages.
How do You Determine Fault for a Pedestrian Accident in Florida?
Determining fault for a pedestrian accident is dependent on the unique details of the case. Fault is governed by the law of negligence. Both the driver and the pedestrian are required to exercise a reasonable level of care when in a particular situation. Both should obey the rules of the road at all times, and when one is found to have broken certain rules and caused an accident, they can be held responsible for the accident.
Determining this will require reviewing police reports, statements from expert witnesses, and other important evidence.
How Is Liability Or Fault Established For Pedestrian Accidents In Florida?
In order to prove that the driver is liable for the accident, the plaintiff will have to prove the following elements of negligence:
- Duty of care: The driver owed the pedestrian a duty of care to drive safely.
- Breach of duty: The driver violated his duty of care, e.g. driving while distracted.
- Causation: The pedestrian suffered injuries as a direct result of the driver’s breach of duty of care.
- Damages: The victim must prove that as a result of the injuries caused by the driver, they suffered various legally-recognized damages.
How Can A Pedestrian Accident Lawyer Assist With My Claim?
Our attorneys can help your injury claim thanks to their experience with:
Investigate Your Case
Your attorney will conduct a deep and thorough investigation of your case to determine fault and if you have a valid case. The attorney will obtain all the crucial evidence to build a solid case for you.
Filing Your Claim
Your attorney will help you properly file all the necessary paperwork and submit an initial demand letter detailing all your damages and losses.
Attorneys know all the tactics and techniques used by insurance companies to minimize the amount of money that they have to pay and even avoid paying entirely. Your attorney won’t settle for anything less than the full amount you are owed. He will handle all the negotiations with the insurance company and ensure that you are not taken advantage of.
Trial Preparation and Representation
If the insurance company fails to put forward a favorable settlement offer or if you will need to file a lawsuit against the at-fault party to cover the excess amount above your policy coverage, your attorney will prepare your case for trial. He will handle all the paperwork and ensure all the due procedures are followed. He will present your case before a judge or jury and ensure that your rights are protected.
What Are the Time Limits For Filing A Pedestrian Injury Claim In Tampa?
The statute of limitations for personal injury cases including pedestrian injury claims is four years from the date of the accident. However, it is always important to take action as early as possible for the best result.
How Much Will A Tampa Pedestrian Accident Lawyer Cost?
If the cost of hiring a lawyer is a big concern for you, you don’t have to worry since we provide our services on a contingency basis. What this means is that you only pay us after we have secured a favorable settlement or verdict for you. We will deduct a certain percentage from the compensation amount as payment for our services.
Contact Our Attorneys For A Free Case Evaluation
In the unfortunate event that you sustain injuries or lose a loved one as a result of a pedestrian accident in Tampa Florida, you may have a legal right to pursue compensation for resulting damages. Our team is prepared to provide you with all the assistance you might need. You shouldn’t have to bear the consequences of another person’s negligent actions alone. Call our Tampa car accident lawyers today at (954) 448-7355 for the best legal representation.