FLORIDA PEDESTRIAN ACCIDENT

What is a Florida Pedestrian Accident

Accidents between vehicles and pedestrians are some of the most dangerous and they are all too common in the State of Florida. If you or someone you know was a pedestrian hit by a car, they should speak with a pedestrian injury attorney. They could be entitled to significant compensation for their injuries. If you were involved in a pedestrian accident or are making a pedestrian injury claim, call Attorney Andrew Graves at (407) 308-0327 or fill out the free case consultation form. ​Read on for what you need to know if you were involved in a pedestrian auto accident. 

Let's start with the basics of a pedestrian accident claim. A pedestrian accident occurs when a person is hit by a car. A pedestrian is simply a human who is not in a vehicle. 

Most of the time, the person driving the vehicle will be at fault, however there are circumstances that could cause the pedestrian to be at fault. Because of the complex circumstances surrounding these types of cases, it's recommended to contact a pedestrian injury attorney. 

What Should I Do if I Was Hit by a Car as a Pedestrian?

After an accident you should do the following to protect yourself and your case:

1. STAY AT THE SCENE:  You should never leave the scene of an accident until instructed. Criminal penalties may occur if you leave the scene of an accident before instructed to by the police. 
   
   
2. CALL THE POLICE:  If you were a pedestrian hit by a car call the police. When the police arrive, follow their instructions, and ask for an accident report. Be sure to write down the name and badge number of the officers. Even in a small accident, your insurance company may try to deny your claim if you don't have a police report.
   
   Note:  Keep in mind that you could be in shock. Injuries may not be visible or felt in the moment but can develop after some time. It's important to have the accident documented and the accident report can further your claim. 
   
   
3. OBTAIN PERSONAL INFORMATION FROM THE OTHER PARTY:  It's important to take down the other party's information. This should be included in the police report, but the officers sometimes make mistakes. Take down the following: 
   • Name;
   • Address;
   • Drivers License Number;
   • Telephone Number;
   • Insurance Company;
   • Insurance Policy Number; and 
   • Write down the name and information of the owner of the vehicle. (Sometimes the driver is not the owner.) 
     
     
4. WITNESSES:  Look to see if there were any witnesses to the accident. Oftentimes, other cars may stop if they witness an accident and attempt to assist. Take down the names and phone numbers of any witnesses to the accident.  
   
   
5. PHOTOS/VIDEOS:  Take as many clear photos/videos of the scene as possible. Take photos/videos of the all parts of the vehicles,  not just where there is visible damage. Take photos/videos of the road and the conditions of the road. Photograph/video any stop signs or stop lights that are in the vicinity. Try to photograph/videos any injuries you sustained.  
   
   Note:  Depending on where the accident took place, there may be a nearby security camera that captured the accident. If so, let your attorney know immediately, so the law firm can obtain the footage before expiration.
   
   
6. SEEK MEDICAL ATTENTION:  If you have any injuries or discomfort go to the hospital. If in the event you do not have any injuries noticeable at the scene of the accident, that's ok too.
   
   Sometimes, injuries can develop over a day or a week. It's imperative that you document this as soon as the injury presents itself (even if it's what you consider minor).
   
   Go to your doctor, an urgent care, or an emergency room to be evaluated. If you're worried about the cost of seeing a medical professional and unsure of what your co-pay might be, give us a call. We read legal jargon all day long! We can help you make sense of it.
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7. CONTACT YOUR INSURANCE COMPANY:  You should notify your insurance company within 24 hours of an accident. Your insurance policy may have a limited amount of time for you to inform them of the accident. Unsure how to contact them, we can help you through this too.
   
   
8. CALL US AT (407) 308-0327:  We're here to help you through this moment in your life. 

​Driver at Fault

Drivers are responsible for following the applicable driving rules and traffic signals when operating their vehicles. For example, drivers must stop for a pedestrian in a crosswalk. Some of the most common causes for a driver to be at fault in a pedestrian accident or causing a pedestrian to be hit by a car include:
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1. The driver was speeding.
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2. The driver didn't stop at a stop sign or red light.
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3. The driver was drunk.
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4. The driver wasn't paying attention or the driver was distracted.
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5. The driver failed to yield to a pedestrian in a crosswalk.
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6. The driver failed to yield to a bicyclist.  
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These are some of the most common, but there are many other ways where a driver can be at fault. Likewise, both the driver and the pedestrian can share fault, if both people contributed to the accident. 

Pedestrian at Fault

Just like drivers, pedestrian must follow the applicable laws and ordinances. Most laws and ordinances are designed to protect pedestrians. For example, trying to cross a highway by foot is likely to lead to an accident. For obvious reasons, this could cause the pedestrian to be at fault. 

1. The pedestrian was not using a crosswalk.​
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2. The pedestrian was walking along the highway.
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3. The pedestrian was intoxicated.
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4. The pedestrian was walking in a prohibited area.
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5. The pedestrian was chasing a ball or similar object and not paying attention.
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6. The pedestrian was distracted not looking for cars (on their phone). 
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7. The pedestrian was using a crosswalk when the no walk signal was flashing. ​
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Jaywalking

Jaywalking is not a legal term and there are no Florida laws that specifically prohibit jaywalking. Jaywalking generally refers to a pedestrian crossing outside a crosswalk or a pedestrian crossing in an unexpected location. 

A pedestrian jaywalking may be found to be at fault or partially at fault because the crossing was unexpected or prohibited. 

​Pedestrian Accident Settlements

How much is my pedestrian accident worth? What is the average settlement for a pedestrian accident injury?

This is the question everyone wants to know that's impossible to answer without knowing more about the specific accident. A pedestrian accident's value depends on the severity of the injuries. 

At a basic level, we would look at economic damages, which include medical bills, lost income, and property damage. Economic damages are calculated using bills, receipts, and your payroll records. Next, we would look at non-economic damages, which include pain and suffering and wrongful death. Non-economic damages are non-quantifiable. It's recommended to speak with a pedestrian accident lawyer to assist with determining non-economic damages. 

A minor pedestrian injury may be resolved for $10,000.00, whereas a pedestrian accident with significant injuries may be resolved for over $1 million. 

​Should I Hire an Attorney?

While it’s not required, it’s highly recommended that you speak with an attorney about your pedestrian car accident claim. A pedestrian injury attorney can guide you through the stressful, complex insurance process. Pedestrian accidents are complex. An attorney can help navigate the legal complexities and negotiate with the insurance company on your behalf. Most pedestrian personal injury attorneys offer a free consultation and only get paid if you recover.  

If you were injured in a pedestrian accident, car crash, truck crash, slip and fall, motorcycle accident, or workers compensation accident, it's important to have an attorney who can navigate the complex insurance landscape. Call Attorney Andrew Graves for a free consultation or fill out our online consultation form for a call back.