Who Is At Fault When a Car Hits a Pedestrian? We can help if you’ve been involved in a pedestrian accident.

When a car hits a pedestrian, the driver of the car is usually at fault. However, sometimes, pedestrians fail to follow traffic rules and end up getting hurt in the process.

In any case, pedestrians who are hit by a car may be entitled to recover financial compensation (known as damages) for medical bills and pain and suffering. If the accident took their life, their family members can file a wrongful death case.

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Florida’s Laws Protect Pedestrians

Florida laws outline how both pedestrians and drivers should behave on roadways. Florida Statutes §36.130 lays out many rules for pedestrians. For example, they should:

  • Walk on sidewalks when provided
  • Walk on the left shoulder, facing traffic, when there are no sidewalks
  • Obey traffic signals
  • Cross the street at crosswalks where available

If a pedestrian fails to abide by these rules and a car hits them, they may hold some responsibility for the accident.

A Driver’s Responsibility to Pedestrians

This law also outlines the obligations drivers have to pedestrians. Drivers should:

  • Yield to pedestrians in a crosswalk
  • Drive in a way that avoids colliding with pedestrians
  • Give a warning when necessary
  • Exercise caution around children and pedestrians who are confused or incapacitated

Drivers who hit pedestrians can be held legally liable for the pedestrian’s injuries and related expenses. If you were hit by a car while walking, a personal injury lawyer on our team can help you recover damages from the at-fault driver.

Estimating Damages when a Pedestrian is Hit by a Car

The value of your damages depends on many factors, such as:

  • The severity of your injuries
  • The length of your recovery
  • The cost of your medical treatment
  • The impact of the accident on your quality of life

Economic Damages You can Collect

You may be entitled to compensation for direct expenses, such as:

  • Medical treatment, including emergency room visits, diagnostic imaging, doctor’s appointments, surgeries, hospital stays, prescription medications, rehabilitative therapies, and more
  • Future medical treatment if your injuries will require ongoing treatment
  • Home modifications if you need to make your home accessible because of your injuries
  • Lost wages if you must take unpaid time off work while you recover
  • Future lost wages if your injuries prevent you from returning to work

Intangible Losses You Can Recover

You may also be entitled to compensation for non-economic damages, like pain and suffering. These damages can apply to your case if:

  • You lost a limb.
  • You became paralyzed or otherwise permanently disabled.
  • Your injuries require a long recovery period.
  • Your injuries require multiple surgeries.
  • You develop mental health conditions such as anxiety, depression, post-traumatic stress disorder, or insomnia because of the accident.

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The Benefits of Working with a Personal Injury Lawyer with Our Firm

One of our personal injury lawyers can help you with every aspect of your case, advocating for your rights and working to obtain fair compensation for your injuries.

Here are some of the ways we can assist with your case:

Investigate Your Accident

To recover damages, we must show that the driver who hit you was negligent in his driving and liable for your injuries. While the police and insurance companies will investigate your accident, we can also conduct an independent investigation.

We can gather evidence from the scene, eyewitness testimony, police reports, cell phone records, toxicology reports, and more to show that the driver caused the accident.

Help You Seek Medical Treatment

Proper medical treatment is critical to your health, and it documents your injuries. If you do not have a medical provider, we can recommend one. We can even help you schedule your appointments.

Support the Value of Your Damages

We can collect evidence to estimate how much your damages are worth. Some of the evidence we collect may include:

  • Photos from the scene of the accident
  • Photos of your injuries
  • Medical bills and records
  • Past wage statements
  • Bills for your home’s modifications
  • Interviews with you, friends, and family

Communicate with the Insurance Companies

We can take over all communications with the insurance companies for both you and the driver. We can file a claim, submit supporting documents, and negotiate a settlement.

File a Lawsuit

If the insurance company fails to offer a reasonable settlement, we can file a lawsuit on your behalf.

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Deadlines for Filing a Lawsuit in Florida

The following laws may apply to your case:

  • Florida Statutes §95.11(3)(a) establishes the mandated deadline for personal injury at four years.
  • Florida Statutes § 95.11(4)(d) establishes the mandated deadline for wrongful death at two years.

If you do not file a lawsuit before the statute of limitations is over, you forfeit your right to do so.

The Law Offices of Anidjar & Levine is Available now for Help

If you are a pedestrian who was hit by a car or if you lost a loved one who was hit by a car, you may be entitled to recover damages for your medical bills and pain and suffering. The Law Offices of Anidjar & Levine can help you obtain financial compensation.

Call today for a free case consultation. We work on contingency, so we do not take any payments unless we win your case.