People on foot have zero protection from forceful impacts. As such, pedestrian accidents tend to cause catastrophic injuries. Even a vehicle moving at a relatively low speed can seriously hurt someone who’s crossing the street.
Thankfully, injured pedestrians are often entitled to compensation for the damages they incur. If you were struck by a car, truck, or SUV despite having the right of way, you may be able to take action against the responsible party.
Just because you have grounds for a claim, however, doesn’t mean you’re automatically entitled to a payout. In order to proceed, you’ll first have to put together a strong case, which calls for sufficient evidence of both liability and damages.
Let’s take a look at the answers to some of the most frequently asked questions about building a claim so you’re well-informed when it comes time to get started:
1. Who Might Be Liable for My Injuries?
When a vehicle strikes someone on foot, the person who’s behind the wheel is usually at fault. There are a few other parties, though, that could be to blame. Examples include the municipality responsible for maintaining the roads, another motorist who was in the vicinity at the time, or a vehicle or parts manufacturer. A resourceful personal injury attorney will be happy to conduct a comprehensive investigation to identify all liable parties.
2. How Can I Prove Liability?
The strongest evidence of liability will ultimately depend on the circumstances surrounding the accident; however, it will likely include some combination of the following:
- Photographs of the scene;
- Dash cam footage;
- Surveillance recordings;
- Eyewitness testimony;
- The official police report;
- Toxicology reports; and
- Statements from accident reconstruction experts.
3. What Kinds of Damages Can I Seek?
You should be able to include virtually all the damages you incur in the settlement negotiations. Florida allows for the recovery of:
- Medical bills;
- Ongoing rehabilitation;
- Home care;
- Home and vehicle modifications;
- Lost wages;
- Loss of future earnings;
- Reasonably necessary replacement services;
- Domestic help;
- Loss of enjoyment in life;
- Emotional distress; and
- Pain and suffering.
4. How Long Do I Have to File a Personal Injury Lawsuit?
It’s wise to commence the proceedings as soon as possible because you’ll have a limited amount of time to go to court if the opposing party proves uncooperative. Should they dispute liability or refuse to offer a fair settlement, for example, you’ll likely have to file your suit within just four years from the date on which the accident occurred.
As there are a number of exceptions to the statute of limitations, though, you should consult an attorney right away. Depending on the circumstances, you may actually have considerably less time to go to trial.
Discuss Your Claim with a Pedestrian Accident Attorney in Florida
At Emerson Straw, we are dedicated to getting our clients the results they deserve. If you were struck by a drunk, distracted, or otherwise reckless driver while on foot, we’ll help you gather the evidence needed to prove liability and damages against all responsible parties. Call (727) 821-1500 or use our Online Contact Form to set up a free consultation with a pedestrian accident lawyer.