You can file a pedestrian accident claim by consulting with a lawyer. A claim is one of several possible options for compensation if you are a pedestrian who suffered injuries because of someone else’s negligence. A personal injury lawyer can help you sort out the insurance questions, since there might be multiple policies that could cover your damages.
You must prove that someone was negligent to hold them accountable for your injuries. There are four parts to negligence, and all four pieces of the puzzle must exist to win your claim. We have to show:
- Duty of Care: The person you want to get compensation from had a legal duty toward you. Florida law requires drivers to exercise ordinary, reasonable, or due care toward pedestrians. For example, drivers must stop for walkers in crosswalks under most circumstances.
- Breach of Duty: The driver violated the duty of care. Examples of breaching the legal duty include a driver who drove while texting. Failing to meet the duty of care is negligence.
- Causation: The negligence caused the harm you suffered. If the car hit you because the driver was looking away from the road while texting or if a driver hit you because they were intoxicated, this satisfies the causation element.
- Actual Damages: The harm was measurable. To be liable for negligence, the carelessness must cause measurable harm. For example, this can be measured by medical bills or lost income of time missed at work.
Explore Insurance Policies That Might Pay You Compensation for a Pedestrian Accident
As a pedestrian, there are multiple possibilities for insurance coverage that might pay your damages. For example:
- If you carry Personal Injury Protection (PIP) as part of your automobile insurance, it can pay your losses when you have a collision with a motor vehicle while you are out walking.
- The liability coverage of the at-fault driver’s auto policy will often cover pedestrian injuries.
- If someone other than the owner of the car was driving, the owner’s liability coverage will usually pay your damages.
- Although Florida does not require motor vehicle owners to carry uninsured or underinsured coverage, if you did buy this optional coverage, it can pay your claim if the accident was a hit-and-run or the at-fault person’s insurance is insufficient to cover all of your losses.
- Your health insurance might pay some of your medical bills if it does not exclude benefits for pedestrian accidents involving motor vehicles.
- If the at-fault person had “umbrella” liability protection as part of a homeowner’s policy, you might be able to make a claim against it for your damages.
- If the accident involved a commercial vehicle, you might get compensation from the liability policies of the company and the driver.
Getting Legal Help with a Pedestrian Accident Claim
At the Montero Law Center, we help injured people get their lives back on track. We will investigate your claim and fight hard to get you all the compensation you deserve. Call us today at 954-767-6500, to set up your free, no-obligation consultation.