It is an unfortunate fact that thousands of people are injured every year by negligent drivers when walking on the sidewalk or the side of a street. Some drivers who drive recklessly cause injuries to pedestrians who are properly using a crosswalk. A Clearwater pedestrian accident lawyer could help individuals who were injured by negligent drivers obtain the compensation they deserve for their injuries and losses. Compassionate personal injury lawyers could work to gather evidence, help individuals understand their rights, and to press the defense for appropriate compensation in settlement talks or at trial.
The Rights of Pedestrians in Clearwater
Drivers always assume a duty to care for the wellbeing of pedestrians whenever they get behind the wheel. However, just because a driver is legally obligated to protect a pedestrian, this does not mean a driver is always at fault in a collision.
A plaintiff must prove a defendant was negligent to collect payments for their losses. This involves gathering all possible evidence of the events that led to the collision as well as examining the actions of all parties involved to assign blame.
Dealing with Insurance Companies in Claims
A defendant’s insurance company will generally try to protect their insureds to avoid paying claims. Especially in pedestrian crash cases, insurance companies may try to argue that the pedestrian was at least partially responsible for the collision. For example, they may say the pedestrian did not give the driver enough time to react.
In addition, insurance companies may attempt to delay the case. This is because Florida law sets a deadline for when a court will hear claims involving personal injuries. According to Florida Statute § 95.11, plaintiffs have four years from the date of injury to file a case in court. If this time limit expires, the court will not hear the case and insurance companies will cut off all negotiations.
Effects of a Pedestrian Collision
Claims involving pedestrian accidents can be some of the most serious cases that personal injury lawyers handle. This is because a plaintiff likely did not have protection from the forces of the defendant’s vehicle. Unlike in car accident cases, pedestrians receive the full force of the collision on their bodies. This can result in a pedestrian suffering life-altering injuries.
Severe injuries following a pedestrian collision may include:
- Separated joints
- Broken bones
- Severe cuts and bruising
- Spinal cord damage
- Brain damage
A Clearwater pedestrian accident lawyer understands the severe effects these crashes can have on a person’s life. They could work to obtain the necessary compensation to cover medical bills, lost wages from missed work, and the mental anguish often caused by pedestrian accidents. In some cases, a person’s injuries may be extremely severe and result in death. In such a case, a person’s family may be eligible to file a wrongful death lawsuit.
How a Clearwater Pedestrian Accident Attorney Could Help
A collision between a vehicle and a pedestrian tends to result in severe injuries that permanently affect a person’s life. However, to collect any compensation for an injury, a plaintiff must prove that the driver acted negligently and caused harm to the plaintiff. These elements of a pedestrian injury case may be hard to prove without the help of a lawyer.
As such, a Clearwater pedestrian accident lawyer could help you gather evidence, place that evidence within the framework of the law, and advocate for you before the defense. Contact an attorney today to discuss your case.