Yes, a pedestrian hit by a car can get pain and suffering damages if he or she has a physical injury. You need to determine who was at fault and prove all the elements for legal liability to go after compensation for your losses.
You might think that the driver of the vehicle that hit you is automatically at fault, but there are situations in which someone else can be responsible. For example, if another car negligently crashed into the vehicle and pushed it into you, the first driver can be liable.
How to Prove Legal Liability for a Pedestrian Accident
Under Florida law, we must prove all these elements to establish liability:
The Driver Owed You a Duty of Care
This factor is easy to show because all operators of motor vehicles have an obligation to drive with caution and obey the traffic laws.
The Defendant Driver Violated Their Legal Duty
When someone’s conduct misses the mark for the legal standard of care, it is negligence. Let’s say that the driver did not see the red light and the pedestrian in the crosswalk because the driver was picking up something that fell to the floorboard of his car. Failing to keep a proper lookout violates their duty of care.
The careless conduct must be the thing that caused the accident that harmed you. The driver’s poor decision to take his eyes off the road resulted in the crash and caused you pain as a pedestrian.
Although a “near miss” can be terrifying, you cannot go after pain and suffering damages without physical injuries. On the other hand, if you got hurt physically, you have quantifiable losses and can go after all your damages.
We can evaluate your circumstances to determine whether you can make a case for negligence and hold the defendant responsible.
Damages in a Pedestrian Accident
Every pedestrian accident is different, so we cannot say how much compensation you might be able to go after for your losses. We will need to talk to you and investigate your accident. If, for instance, you lost a loved one due to an accident with a motor vehicle, you have the right to pursue damages under Florida Statute § 768.21.
Here are some of the types of money damages we have won for our clients:
This is possible if you missed income because of the accident and your injuries. This category can include lost salary, wages, self-employment, and other forms of regular income.
You can recover damages for the reasonable cost of the treatment you needed for your injuries. You can include things like the ambulance, emergency room, hospital, surgery, prescription drugs, and physical therapy.
If you need daily assistance with medical treatments and personal tasks, like dressing and bathing, you can recover compensation. When a car crashes into a person on foot, the pedestrian can sustain catastrophic injuries that change his life forever. He might not be able to live independently without ongoing help.
Pain and Suffering
This compensates you for the physical discomfort and emotional distress you experienced from the accident and injuries.
These items are but a few examples of the kinds of compensation that can be available after a pedestrian gets hit by a car. The damages you can pursue will depend on the facts of your case.
The Montero Law Center Wants to Help
At the Montero Law Center, we help people who get hurt due to the carelessness of others. Knowing that a pedestrian hit by a car can get pain and suffering damages, we invite you to call us today at (954) 767-6500 for a free consultation. There is no obligation. You may have a limited time to act under Florida Statute § 95.11.