Pedestrian accidents can be quite devastating. According to the Governors Highway Safety Association (GHSA), about 368 people died in a pedestrian crash in Florida during the first six months of 2019. These accidents can cause pedestrians to suffer minor to catastrophic injuries, or even death, due to the lack of protection between themselves and the motor vehicle.
If you've been hurt in a pedestrian accident that was caused by someone else's negligence, you may be entitled to recover damages. As an experienced Florida personal injury attorney, I can fight to protect your rights and help you pursue fair financial compensation. I can also help a loved one file a wrongful death claim where a pedestrian accident caused a loss of life.
Tonya Stewart Law proudly represents clients throughout Lake Wales, Florida, and the surrounding areas of Lakeland, Winter Haven, Davenport, and Haines City.
In order to receive compensation, victims of a pedestrian accident will be required to prove that the negligent actions of another party directly led to their injuries, damages, and losses. However, proving who was responsible for the accident may be a complicated task. The plaintiff must prove that:
The at-fault party owed the victim a duty of care
The at-fault party breached the duty of care
The at-fault party's negligent or reckless actions caused the victim's injuries
The victim suffered actual harm, bodily injuries, or died as a result of the accident (in the case of wrongful death)
According to Florida Statute Section 316.130(15), all motor vehicle operators are expected to exercise due care to avoid colliding with pedestrians or other road users and give a warning when necessary. Also, Florida drivers must exercise proper precaution upon sighting any child or any obviously confused or incapacitated person. The driver may face civil liability for damages for breaching the duty of care.
Under Florida law, pedestrians must also exercise care and meet responsibilities including:
Obey all laws applicable to non-vehicles
Obey any traffic device that is applicable to them
Obey any traffic control signals at all intersections
Where sidewalks are available, no pedestrian is permitted to walk along and upon the portion of a roadway paved for motor vehicles
The law also states that no pedestrian shall suddenly leave a curb or other place of safety and run or walk into the path of a motor vehicle.
The "no-fault" auto insurance law in Florida requires every driver to carry a Personal Injury Protection (PIP) policy. In most accident cases where a pedestrian is hit by a car in Florida, Personal Injury Protection (PIP) pays up to $10,000. The money may be paid to the pedestrian for lost wages or to the pedestrian's medical providers.
If you need to file a lawsuit for your accident-related injuries, expenses, and losses, you may receive compensation for the following:
Medical care costs
Ongoing and future medical treatment
Lost income or wages
Out-of-pocket expenses related to the accident
Diminished earning capacity
Damages for your pain and suffering
Wrongful death damages, when applicable
The period after being hurt or losing a loved one in a pedestrian accident can be overwhelming, emotionally, physically, and financially. However, you don't have to face it alone. At Tonya Stewart Law, I have dedicated my career to protecting the rights of victims and providing strong representation in personal injury and wrongful death matters. I can review your case and carry out a comprehensive investigation. I will also help you:
Gather all necessary evidence and obtain required documentation
Prove liability and determine case-value
Handle all communication and negotiations on your behalf while you recover
Negotiate a fair financial settlement with the insurance company
I offer the dedicated and compassionate representation you need and will fight to ensure that the right people are held accountable.
If you or your loved one were hurt in a pedestrian accident involving a negligent party, you may seek fair compensation. Contact Tonya Stewart Law today to schedule a case assessment and receive the legal expertise and support you deserve. I proudly serve clients in Lake Wales, Lakeland, Winter Haven, Davenport, and Haines City, Florida.