Personal Injury Attorney in Brandon, Florida
Imagine you’re walking through the beautiful streets of Florida, minding your own business, but suddenly you’re hit by a car. This will certainly surprise you because no one intends to be involved in an accident while crossing.
If you find yourself in a pedestrian accident, you may be facing medical bills depending on your injuries, aside from loss of income due to your absence at work. Fortunately, there are laws in place that ensure fair compensation to those who have suffered financial or emotional loss and injuries.
Personal injury is essentially a civil lawsuit in which the injured party seeks fair compensation for the damages he/she incurred. Personal injury cases may be complicated at times owing to the different factors that must be considered, which is why getting legal aid from an accident lawyer at Golden Injury Attorneys ensures that you will not have to confront these complications alone.
Our years of experience have shown that we are skilled in handling personal injury situations such as pedestrian accidents. Our injury attorneys are well-versed in Florida’s personal injury law and can assist you in advocating for the compensation you deserve. So don’t put it off any longer. Contact our pedestrian accident attorney right away.
What is a Pedestrian Accident?
Pedestrian accidents, in the most basic definition, are accidents caused by a negligent act of any individual to the person crossing.
When a person fails to fulfill his or her duty of care, it frequently results in a catastrophic incident that can cause injuryor even death to a person . The most common injuries from a pedestrian accident are traumatic brain injury, spinal cord injury, bone fractures, and internal bleeding.
Most pedestrian accidents occur as a result of a failure to observe traffic laws, such as driving under the influence of alcohol or drugs, disregarding traffic signals, crossing in an unauthorized location, or failing to yield to a pedestrian in a crosswalk.
Remember that if it is established that you both behaved negligently, you may both be held accountable for damages.
If one is involved in an accident and that person is liable, then he or she has a legal obligation to pay (damages) the aggrieved party for financial and emotional loss. Medical and funeral expenses, loss of income, pain and suffering, and loss of consortium are the common damages that a person should pay.
It is important to remember that the statute of limitations in the state of Florida is only four years (two years for wrongful death). This implies that the injured plaintiff must submit a personal injury claim within four years from the date of injury. Victims will no longer be able to demand compensation after the prescribed period has lapsed.
What do Florida’s right-of-way laws say regarding pedestrians?
There are regulations in place to safeguard the safety of persons walking down the street. Everyone must abide by this if they do not want to get into problems and be penalized. When people fail to obey these rules, they may find themselves in front of a court of law.
Pedestrians must be aware and follow all official traffic control devices, such as signs, signals, pavement markings, and other devices installed along highways and streets to move automobiles and pedestrians safely and effectively, as required by Florida statutes.
They must also utilize the designated sidewalk if one is available, but if one is not accessible, a person may cross at an intersection or on a street corner.
Furthermore, Florida law specifies that a person can not cross between two signalized crossings in the middle of a block. Such law implies that people must only utilize marked crosswalks while crossing between neighboring junctions regulated by traffic lights.
Who is at fault?
When you are a victim of a pedestrian accident, you will constantly wonder who is to blame. If you decide to pursue a personal injury claim, this information may be helpful.
In most circumstances, there may be more than one party found accountable, and these are as follows:
The state of Florida has taken legislative steps to ensure pedestrian safety when crossing the roadway. There are rules in Florida that ban people from crossing in the middle of a block and are required to cross at street corners and intersections.
Of course, as pedestrians, you have a responsibility to observe the rules and regulations in your community. This may irritate you because it may be a hassle on your behalf at times, which is normal. However, neglecting to exercise care when crossing the street, you will almost certainly be involved in an accident.
Remember that if it can be demonstrated that the accident was caused by your carelessness rather than the fault of the driver of a motor vehicle, the driver may be released from any culpability against you.
Operator or driver
As a driver of a car or any other vehicle, you have a duty of care to the people around you. This implies that the driver or operator must constantly adhere to the laws and regulations while on the road. They must also ensure that they are in decent physical condition before driving. When it comes to pedestrians, exercising ordinary, reasonable, and appropriate care is necessary if one wishes to prevent an accident.
If a driver fails to use caution, it is quite probable that an accident may occur, resulting in severe injury or, in the worst-case scenario, death. In the case of a person’s death as a result of an accident, there is a wrongful death suit that families can bring in order to collect damages.
Both driver and pedestrian
You may be surprised to learn that both the driver and the pedestrian may be held accountable in an accident since pedestrians and drivers, share the road. This means that one is expected to act with proper care for the other’s movements and activities.
Consider a person crossing in the center of the street and a car exceeding the posted speed limit. These careless actions will almost certainly end in an accident. The issue now is, who is responsible? Basically, both of them have displayed negligent acts that may be used as a basis for determining who is at fault, which in this case, both the pedestrian and the motorist.
How is liability calculated in Florida?
In Florida, assessing who is responsible is done using a comparative negligence standard. Essentially, this implies that the carelessness of both the vehicle driver and the pedestrian will be taken into account when assessing culpability.
The extent of a person’s culpability for an accident is calculated by comparing his or her negligence to that of the person harmed. The percentages of culpability define how much each party must pay in terms of consequent damages.
Keep in mind that there is no definitive method for calculating an exact figure for a person’s comparative negligence. You and your adjuster from an insurance company will have to address the circumstances during claim discussions. When assessing the value of a claim, you will most likely consider the financial or emotional loss as well as the severity of the injuries.
Furthermore, the concepts of comparative negligence are utilized to lower the value of claims. This indicates that the more faults you have, the lower your claim will be.
Remember that in Florida, because it is a pure comparative negligence state, you are still entitled to reimbursement for your losses depending on the proportion of the other person’s culpability, regardless of how significant your own fault was.
Why Do I Deed a Personal Injury Lawyer in Florida?
If you are a victim of a pedestrian accident, you’ve probably asked yourself this question multiple times. You may be wondering why you need a lawyer in this situation.
The reason behind you getting a lawyer is that personal injury situations, such as pedestrian accidents, can be complicated because more than one individual is accountable. In addition, the mind of a person who is highly knowledgeable in personal injury law in Florida may assist you in calculating the damages owed to you.
As a law firm dedicated to getting the fair compensation that our clients deserve, Golden Injury Attorneys has the competence to provide legal advice and assistance in the state of Florida. Our lawyers are well-versed in Florida’s personal injury law.
Our years of expertise and experience with this type of accident guarantee that we offer quality and reliable legal service.
Call our Pedestrian Accident Attorney in Brandon, Florida Now!
No one wants to get into an accident while crossing, let alone bear the consequences. The mental and physical strain produced by an accident is difficult on your part since it may result in your incapacity to work or earn a livelihood. However, no matter what circumstance you are in, our pedestrian accident lawyers can assist you.
We have always taken pleasure in the fact that, as a law office, we always do our best to provide our clients with legal representation and aid. Our way of work ensures quality in serving you from the beginning to the conclusion, as well as assisting you in preparing for your case.
We know that the matters of law may be confusing to you, which is why we are here to assist you. Let us start your journey in claiming the just compensation you deserve today. Call us to talk to a pedestrian accident attorney today.