Florida personal injury lawyer

Does the Pedestrian Always Have the Right of Way in Florida?

Most people who are involved in a pedestrian accident suffer pretty serious injuries. There’s just no way a human body can withstand the impact of a two-ton vehicle. When we hear about someone being hit by a car or SUV, we tend to think the person on foot was the true victim. It’s hard to imagine how the pedestrian could be at fault. And, while the pedestrian is the innocent victim in most accident cases, it’s not always the case.

What Sort of Damages Can You Claim in Your Florida Pedestrian Accident Case?

If you are hit by a vehicle while on foot, you probably have a claim for damages. Pedestrian accident victims tend to suffer all sorts of damages. While there won’t be a claim for property damage, there will be a claim for the following:

  • Medical bills – If you’re involved in a pedestrian accident, chances are, you’ll need surgery. You may be hospitalized for a few days or weeks. It depends on how bad your injuries are. Perhaps you’ll need physical therapy. The costs for this sort of treatment should be covered by the other driver. This includes the costs for future medical bills. If your doctor testifies that you’re going to need future medical treatment, the defendant should be held accountable.
  • Pain and Suffering – Given the sort of injuries suffered by pedestrian victims, there’s bound to be a claim for pain and suffering. These damages are intended to cover any mental or physical anguish caused by the accident. Of course, your Florida personal injury lawyer needs to prove your pain and suffering. If they do that, these damages may make up the lion’s share of your case.

You Still Need to Prove that the Driver Was at Fault

Just because you’re the pedestrian, that doesn’t mean you’re automatically entitled to damages. Your Florida injury attorney still needs to prove fault. Usually, the driver will be held responsible in these cases. However, the defendant may claim that you’re at fault in the following situations:

  • If you were intoxicated and staggering in the middle of the road
  • You intentionally walked into traffic
  • When you do not obey the DO NOT WALK signs
  • You weren’t in a crosswalk at the time of the accident

If this is the case, your Florida personal injury lawyer will submit evidence showing that you were the innocent victim. Call today and schedule your free initial consultation.

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