Pedestrian accidents can be devastating, causing serious injuries or even death. If you or a loved one has been in a pedestrian accident in Florida, understanding how Florida’s comparative negligence law impacts your claim is essential.
Comparative negligence means that the injured pedestrian can recover compensation for their damages, even if they were partially at fault for the accident. However, the insurance company can reduce their total compensation based on the percentage of fault attributed to them.
If you suffer harm in a pedestrian accident, consult an experienced attorney who will handle Florida’s comparative negligence law and fight for the maximum compensation you deserve. A pedestrian accident attorney can also guide you through the legal process, ensuring you meet all necessary deadlines and avoid costly mistakes.
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Causes of Pedestrian Accidents
Driver negligence, such as distracted driving, speeding, running red lights, or failing to yield at crosswalks, often causes pedestrian accidents. Drunk or impaired driving also significantly increases the risk of pedestrian injuries. Poor road conditions, lack of proper lighting, and dangerous intersections contribute to accidents, making it harder for both drivers and pedestrians to react in time. Poorly designed crosswalks, missing sidewalks, and inadequate traffic signals can create hazardous conditions. Regardless of the cause, pedestrians injured in accidents may have the right to seek legal compensation.
Understanding Comparative Negligence in Florida
Florida follows a modified comparative negligence system, which means that accident victims can only recover damages if they are less than 51 percent at fault. This is a significant change from the previous pure comparative negligence system, where victims can recover damages even if they are 99 percent at fault.
In Florida, determining fault in a pedestrian accident involves assessing all contributing factors to decide each party’s percentage of responsibility. Insurance adjusters, courts, and attorneys take into account factors such as jaywalking, crossing outside of crosswalks, failing to follow traffic signals, speeding, running red lights, failing to yield to pedestrians in a crosswalk, driving while distracted, intoxicated, or fatigued, and not adjusting for weather or road conditions.
Why This Law Matters for Pedestrian Accidents
Pedestrians are often blamed for accidents, especially in cases involving jaywalking, crossing outside of crosswalks, or failing to follow traffic signals. However, drivers must also exercise caution and obey traffic laws to prevent accidents. Florida’s comparative negligence law allows pedestrians who are partially at fault to seek compensation for their injuries and damages.
In many pedestrian accident cases, insurance companies may shift blame onto pedestrians to minimize payouts. They may argue that the pedestrian was reckless or inattentive, even if the driver was clearly at fault. This is where hiring a skilled Florida pedestrian accident lawyer becomes imperative.
If you experience a pedestrian accident in Florida, contact a Florida pedestrian accident attorney to understand your rights, challenge unfair liability claims, and maximize compensation. An attorney can help gather evidence such as traffic camera footage, accident reconstructions, and professional testimony to build a strong case in your favor. They can also challenge biased police reports or insurance determinations that may place more blame on the pedestrian without thoroughly investigating the driver’s actions.
Insurance companies may try to offer lowball settlement offers or unfairly assign fault to the pedestrian, causing them to receive less compensation than they deserve. A Florida pedestrian accident lawyer will negotiate with insurance companies on your behalf, ensuring you receive the full and fair compensation you are entitled to. If negotiations fail to reach a fair settlement, the attorney will represent you in court to pursue the full damages you deserve.
Under the previous pure comparative negligence system, pedestrians can recover damages even if they were 99 percent at fault. However, the new law limits recovery. If a pedestrian is found more than 50 percent at fault for the accident, they cannot recover any damages.
The purpose of comparative negligence is to ensure that all parties involved in an accident take responsibility for their actions. It provides a fair and balanced approach to determining fault and compensating the injured party.
How Comparative Negligence Applies to Pedestrian Accidents
In pedestrian accident cases, both pedestrians and drivers can share fault. Situations, where pedestrians may share fault, include jaywalking or crossing against a signal, walking while distracted, crossing outside designated crosswalks, and walking in the roadway instead of on the sidewalk.
On the other hand, drivers may be at fault for speeding, running a red light, failing to yield to pedestrians in a crosswalk, driving while distracted, intoxicated, or fatigued, and not adjusting for weather or road conditions.
Even if pedestrians are partially at fault for the accident, they can still seek compensation for their injuries and damages. However, the percentage of fault attributed to them will reduce their compensation.
How Fault Affects Compensation in a Florida Pedestrian Accident Case
Let’s consider some example scenarios to understand how fault affects compensation in a Florida pedestrian accident case.
If a pedestrian is 20 percent at fault for crossing outside a crosswalk, the insurer will reduce their compensation by 20 percent. Similarly, if a pedestrian is 51 percent or more at fault, they lose the right to recover damages.
Fault in a pedestrian accident can impact compensation for losses, including medical expenses, lost earnings, pain and suffering, permanent disability, and long-term care costs. Having a skilled Florida pedestrian accident lawyer on your side who can accurately assess fault and determine the appropriate compensation you should receive is imperative.
Challenges in Proving Fault in a Pedestrian Accident
Proving fault in a pedestrian accident can be challenging, especially when dealing with insurance companies who may try to shift blame onto the pedestrian. There are several common challenges that victims of pedestrian accidents may face:
- Insurance Companies Shifting Blame: Insurance companies often argue that pedestrians were reckless or inattentive to minimize payouts. They may try to blame the pedestrian even when the driver was clearly at fault.
- Lack of Video or Witness Evidence: Proving the driver’s negligence may be difficult without traffic camera footage or witnesses. In such cases, having a Florida pedestrian accident attorney can gather evidence and build a strong case.
- Police Report Favoring Drivers: In some cases, police reports may place more blame on the pedestrian without fully investigating the driver’s actions. A knowledgeable Florida pedestrian accident attorney can challenge biased police reports and present evidence to prove the driver’s negligence.
What to Do After a Pedestrian Accident to Protect Your Claim
If you experience a pedestrian accident in Florida, follow specific steps to protect your claim:
- Seek Immediate Medical Attention: Even if your injuries seem minor, seeking medical attention as soon as possible is essential. Medical records serve as valuable evidence for your claim.
- Avoid Speaking to Insurance Adjusters Without Legal Representation: Insurance adjusters may try to get a statement from you that they can use against you to reduce your claim. You should consult a Florida pedestrian accident lawyer before discussing your case with insurance companies.
- Consult a Florida Pedestrian Accident Lawyer: An attorney well-versed in pedestrian accidents can guide you through the legal process, establish liability, negotiate with insurance companies, and fight for the full compensation you deserve.
How a Florida Pedestrian Accident Lawyer Can Help
Hiring a Florida pedestrian accident attorney can significantly improve your chances of receiving fair compensation for injuries and damages. A skilled attorney can help in the following ways:
Investigating the Accident
Your lawyer will gather evidence such as video footage, witness statements, and police reports to build a strong case in your favor. They may also work with accident reconstructionists to establish liability. This thorough approach considers all aspects of the accident, strengthening your chances of a successful claim.
Negotiating with Insurance Companies
Insurance companies may try to offer lowball settlement offers or unfairly assign fault to the pedestrian. A lawyer will protect your rights and negotiate with insurance companies to ensure you receive the full and fair compensation you are entitled to. They will also counter tactics used by insurers to minimize your claim and work to secure the best possible outcome for you.
Taking the Case to Court If Necessary
If negotiations fail to reach a fair settlement, a Florida pedestrian accident lawyer will represent you in court to pursue the full damages you deserve. They will present your case and argue on your behalf.
Ensuring You Meet Florida’s Filing Deadlines
Florida has a statute of limitations for filing a pedestrian accident claim. Missing the deadline can bar you from recovering compensation. A lawyer will ensure you meet all the necessary deadlines and protect your legal rights. Timely action is essential to preserve evidence and strengthen your case.
Florida’s Statute of Limitations for Pedestrian Accident Claims
In Florida, you have two years from the accident date to file a personal injury lawsuit. However, certain exceptions may extend or shorten this deadline depending on the circumstances of the case. Understanding these exceptions is significant in these cases, as missing the deadline can result in losing the right to seek compensation.
The Discovery Rule (Delayed Injury Discovery Exception)
In some cases, the full extent of a pedestrian accident injury may not be immediately apparent. Suppose a victim did not discover their injury right away. In that case, the statute of limitations may be extended from when they became aware (or should have reasonably become aware) of the injury. However, proving delayed discovery can be challenging and requires strong medical evidence and professional testimony. Seek medical attention promptly and consult an attorney to protect your rights.
Claims Involving Minors
If the pedestrian accident victim is a minor (under 18 years old) at the time of the accident, the statute of limitations may extend. In many cases, the clock does not start until the minor turns 18, meaning they may have until their 20th birthday to file a personal injury claim. However, if a parent or guardian is filing on behalf of the minor, the standard two-year deadline may still apply.
Wrongful Death Claims
If a pedestrian accident results in fatal injuries, the victim’s family or estate may file a wrongful death claim instead of a personal injury claim. The statute of limitations for wrongful death lawsuits in Florida is two years from the date of the victim’s death (not necessarily the date of the accident). This is important in cases where a pedestrian initially survives but later succumbs to their injuries. Acting quickly ensures the family can pursue justice and seek compensation for their loss.
Cases Involving Government Entities
If the accident involves a government entity, such as a city bus, government vehicle, or poorly maintained crosswalk, special rules apply:
- Claims against state or local government agencies must first go through an administrative claims process before filing a lawsuit.
- The deadline for notifying the government is usually within six months of the accident.
- If the government denies the claim or fails to respond, the victim may have three years instead of two to file a lawsuit.
Mental Incapacitation of the Victim
If the pedestrian accident victim has a mental disability or is legally incapacitated, the statute of limitations may extend. However, once the victim regains mental competency, the two-year deadline generally begins.
Even if an exception applies, delaying legal action can weaken your case. Witnesses may forget key details, evidence may disappear, and insurance companies challenge claims more aggressively. Consulting a Florida pedestrian accident lawyer as soon as possible ensures your case is handled correctly within the appropriate legal timeframe.
Were You Injured in a Florida Pedestrian Accident? Contact a Florida Pedestrian Accident Lawyer Today
Suppose you or a loved one experiences a pedestrian accident in Florida. In that case, you should contact a Florida pedestrian accident attorney to understand your rights and protect your legal interests. You may still have a case even if you were partially at fault. A lawyer can help fight unfair fault determinations and maximize your settlement. Schedule a free consultation with a seasoned Florida personal injury attorney to discuss your case and explore your legal options. Don’t wait—take action today and ensure your rights are protected.
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