If you or a loved one were struck by a Seminole driver while walking, you might be able to recover monetary compensation for your damages. A seasoned personal injury attorney could assist you with the process of filing an injury suit against the negligent driver.
With the help of a Seminole pedestrian accident lawyer, you may be eligible to recover compensation for damages such as medical expenses, loss of enjoyment of life, emotional anguish, as well as pain and suffering.
How an Accident Could Occur
Due to the lack of protection pedestrians have, a collision with a motor vehicle can have severe consequences. The injuries resulting from such a crash are especially severe if the vehicle was traveling over 40 miles per hour. However, many factors can go into a pedestrian accident other than speed. An experienced Seminole pedestrian accident lawyer should consider every factor when building a case.
Some of the most common causes of pedestrian accidents include:
- Unmarked crosswalks
- Merging roads
- Poor weather conditions
- Driver distraction
- Left-hand turns
- Intoxicated motorists
A seasoned attorney could review the facts of the case, collect evidence, and speak to witnesses to help prove the defendant’s negligence.
Proving Negligence Following a Collision
In order to recover compensation for damages, a Seminole pedestrian accident lawyer must prove that the motor vehicle driver was responsible for the crash. To prove the driver was responsible, the plaintiff must establish that the defendant was negligent. There are four elements of negligence in a Seminole pedestrian accident, including:
- The defendant owed a duty of care to the pedestrian
- The defendant violated their duty
- The violated caused the pedestrian’s injuries
- Those injuries resulted in monetary damages.
The Duty of Care
Every injury claim starts with a duty of care. If a defendant did not owe a duty of reasonable care to the plaintiff, they would not be responsible for the plaintiff’s injuries. Motor vehicle drivers owe everyone including other motorists, cyclists, and pedestrians a duty to operate their vehicle safely.
Breach of the Duty of Care
The next step requires the Seminole pedestrian crash attorney to prove the defendant breached their duty. In many cases, this occurs by establishing one of the factors discussed previously. Anything from driving while intoxicated to speeding through an unmarked intersection could result in a breach.
Causation
The third element involves the cause of the plaintiff’s injuries. A defendant is only responsible for the injuries that stem from their breach. Any other injuries are not covered.
Damages
Finally, the plaintiff’s attorney must establish that their injuries resulted in monetary damages. These damages can come in a variety of forms, including pain and suffering, medical bills, lost wages, or permanent disability.
Speak to a Seminole Pedestrian Accident Attorney Today
Every pedestrian accident has the potential for life-changing injuries. Despite the severity of these injuries, some victims are not aware of their legal rights. The guidance from experienced legal counsel could help you protect your rights and seek the compensation you deserve.
If you are ready to take the first step towards financial recovery, contact a Seminole pedestrian accident lawyer immediately. Time is of the essence, so schedule your initial consultation right away.
