If you or a loved one has been involved in a pedestrian accident in Lakeland, don’t wait to get the help you need. Call The Law Place today for a free consultation. We are here to guide you through the legal process and ensure you receive the compensation you deserve. Time is of the essence when dealing with pedestrian accidents, so contact our Lakeland pedestrian accident lawyers without delay.
Pedestrian accidents can be complex and overwhelming, often resulting in severe injuries due to the vulnerability of pedestrians in contrast to motor vehicles. The risk of being involved in a pedestrian accident in Lakeland has increased, partly due to the growing population and increased traffic in the area. These accidents can lead to serious consequences such as medical expenses, lost wages, and emotional trauma.
At The Law Place, our team is dedicated to providing legal assistance to pedestrian accident victims. With extensive experience handling pedestrian accident cases in Lakeland, we are well-equipped to help you navigate the claims process and pursue the compensation you are entitled to. Whether you are facing complex insurance negotiations or need to file a personal injury lawsuit, our Lakeland pedestrian accident attorneys are here to advocate for you.
Hiring a Dedicated Lakeland Pedestrian Accident Lawyer
Importance of Legal Representation
When you’ve been involved in a pedestrian accident, dealing with the aftermath can be overwhelming, especially when it comes to communicating with insurance companies. Without the guidance of a Lakeland pedestrian accident attorney, you may find yourself facing complicated legal processes and reduced compensation offers from insurance adjusters who are trying to protect their bottom line.
Hiring a pedestrian accident lawyer provides you with a knowledgeable advocate who can fight on your behalf. A skilled attorney can alleviate the stress of navigating the legal system, ensuring that your rights are protected and that you pursue the maximum compensation you deserve. From handling paperwork to managing communication with the insurance company, a lawyer’s assistance is crucial to achieving a favorable outcome. For example, a Sarasota personal injury lawyer from our team will have experience with local courts and judges, making them better suited to the task of filing a personal injury case in Sarasota. Equally an attorney from The Law Place with experience in Lakeland pedestrian cases, will give you a better chance of winning your case if you have been injured in Lakeland.
What a Pedestrian Accident Lawyer Can Do
- Investigate the Accident: A Lakeland pedestrian accident lawyer will thoroughly investigate the circumstances surrounding the accident, gathering crucial evidence such as police reports, witness statements, and any available video footage.
- Negotiate with Insurance Companies: Your attorney will handle negotiations with insurance companies, pushing for fair compensation for your injuries, medical expenses, lost wages, and other damages. They ensure that the insurance company does not undervalue your claim or deny liability.
- File Personal Injury Lawsuits: If negotiations with the insurance provider do not result in a satisfactory settlement, your attorney can file a personal injury lawsuit on your behalf and represent you in court to pursue the compensation you deserve.
- Recover Compensation for Various Damages: An experienced pedestrian accident lawyer can help you seek compensation for:
- Medical bills and future medical care
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Other expenses related to your recovery
Why Choose The Law Place:
At The Law Place, we understand the struggles pedestrian accident victims face in the aftermath of a serious accident. Our dedicated team is committed to helping clients across Florida, including Lakeland, by providing compassionate and knowledgeable legal representation. Every personal injury lawyer on our team has years of experience in pedestrian accident cases, we have a proven track record of obtaining substantial compensation for our clients, holding negligent parties accountable.
Choosing The Law Place means you will receive support from a team of attorneys who are familiar with Florida law and the unique challenges of pedestrian accidents. Our goal is to ensure that you receive the maximum compensation possible, whether through an insurance settlement or a personal injury lawsuit.
Immediate Steps to Take at the Scene of a Pedestrian Accident
Ensure Safety:
The first thing to do after a pedestrian traffic accident is to ensure your safety. If you are able to move without worsening your injuries, try to get to a safe spot away from moving motor vehicles. Immediately dial 911 to report the accident, as emergency medical services and police need to arrive at the scene quickly.
Seek Medical Attention:
Even if your pedestrian accident injuries seem minor, you should still seek medical help right away. Some injuries, like concussions or internal bleeding, may not show symptoms immediately but could become serious later. Getting immediate medical attention not only ensures your health but also documents your injuries, which is important for any future pedestrian accident claim.
Gather Information:
While waiting for help, it’s essential to gather as much information as possible from the scene. Collect the driver’s name, contact details, and insurance information, as well as the contact details of any witnesses. Also, take pictures or videos of the accident scene, including the positions of motor vehicles, traffic signals, any visible injuries, and damage. This evidence will be vital for your Lakeland pedestrian accident lawyer.
File a Police Report:
Make sure the police arrive at the scene and that a report is filed. This police report will serve as an official record of the pedestrian traffic accident, and it will be crucial for your case if you decide to pursue a pedestrian accident claim later on.
Contact a Pedestrian Accident Lawyer:
Once you’ve received medical care and gathered the necessary information, reach out to a Lakeland pedestrian accident lawyer as soon as possible. Your lawyer will help you navigate the legal process, protect your rights, and guide you in seeking the compensation you deserve for your injuries.
Common Injuries in Pedestrian Accidents
Types of Injuries:
Pedestrian accidents often result in severe and life-altering injuries due to the lack of protection compared to passengers in motor vehicles. Some of the most common pedestrian injuries include:
- Broken Bones: Pedestrians frequently suffer fractures, especially in the legs, arms, and ribs, due to the impact with a vehicle or the ground.
- Spinal Cord Injuries: These are some of the most devastating injuries, often leading to partial or complete paralysis. Spinal cord injuries can result in permanent disability, requiring lifelong medical care and rehabilitation.
- Traumatic Brain Injuries (TBI): Pedestrians involved in accidents are at high risk of head injuries, particularly if they are thrown to the ground or hit by a vehicle. Traumatic brain injuries can lead to cognitive, physical, and emotional impairments.
- Neck Injuries: Whiplash and other neck injuries are common in pedestrian accident victims, often causing long-term pain and limited mobility.
- Catastrophic Injuries: These severe injuries, such as amputations or multiple fractures, can have a lasting impact on a person’s ability to perform daily activities.
Long-Term Impact of Injuries:
The long-term effects of pedestrian injuries are significant and may require ongoing care.
- Future Medical Expenses: Severe injuries like traumatic brain injuries and spinal cord injuries often necessitate years of medical treatment, including surgeries, hospital stays, and home care.
- Physical Therapy and Rehabilitation: Many pedestrian accident victims must undergo extensive physical therapy and rehabilitation to regain mobility and strength, adding to the overall medical expenses.
- Lost Wages and Diminished Earning Capacity: Victims may be unable to work for extended periods or may suffer a permanent reduction in their ability to earn a living due to their injuries. This loss of income can have a significant impact on their financial future.
Filing a Pedestrian Accident Claim in Lakeland
Steps in the Legal Process:
Filing a pedestrian accident claim in Lakeland involves several critical steps, and having a knowledgeable pedestrian accident attorney is essential to ensure everything is handled correctly. Here’s what to expect in the legal process:
- Consulting a Lakeland Pedestrian Accident Attorney: After a pedestrian accident, it is crucial to consult a Lakeland pedestrian accident attorney who can assess your case and guide you through the process of seeking compensation.
- Gathering Evidence: Strong evidence is the foundation of a successful pedestrian accident case. This includes medical records, medical bills, police reports, photos or videos of the accident scene, and eyewitness statements.
- Negotiating with the Insurance Company: Your attorney will negotiate with the insurance company representing the negligent party. The goal is to secure a settlement that fairly compensates you for your medical expenses, lost wages, and pain and suffering.
Understanding Comparative Negligence in Florida:
Florida follows a comparative negligence rule, which can affect how much compensation you receive in a pedestrian accident claim. Under Florida’s comparative negligence law, the compensation awarded to a pedestrian accident victim may be reduced based on their percentage of fault in the accident. For instance, if the victim is found to be 20% responsible for the accident, their compensation would be reduced by 20%. Understanding this law is crucial for Lakeland pedestrian accidents as it can impact the amount you can recover.
Personal Injury Protection (PIP) Coverage:
Florida is a no-fault insurance state, and Personal Injury Protection (PIP) is mandatory for all drivers. However, PIP coverage also extends to pedestrians. Here’s how PIP insurance applies:
- Immediate Medical Expenses: PIP insurance can help cover medical expenses for pedestrian accident victims, regardless of who was at fault. This is particularly useful for covering initial medical treatments such as hospital visits and doctor consultations.
- Limitations of PIP: While PIP offers quick compensation for medical expenses, it only covers a percentage of the total cost and has limits on the total amount paid out. For severe injuries, pursuing a claim against the at-fault party’s insurance may be necessary to cover the full extent of your damages.
Compensation for Pedestrian Accident Victims
Types of Compensation Available:
Victims of pedestrian accidents are entitled to fair compensation for the damages they’ve suffered. Compensation covers both financial and non-financial losses, ensuring that victims can recover without the burden of ongoing expenses. Below are the types of compensation available to pedestrian accident victims:
- Medical Expenses: Pedestrian accident victims can seek compensation for their medical bills, including both immediate medical costs and anticipated future medical expenses. This includes hospital stays, surgeries, medications, rehabilitation, and more.
- Lost Wages and Income: Compensation for lost wages is available if the injured party is unable to work due to their injuries. If the injuries result in long-term or permanent disability, victims may also be entitled to compensation for future loss of income and diminished earning capacity.
- Pain and Suffering: Beyond tangible expenses, victims can seek compensation for pain and suffering, which includes the physical and emotional toll caused by the accident. This can cover everything from physical pain to emotional distress and mental trauma resulting from the accident.
- Catastrophic Injuries and Permanent Disabilities: Victims who suffer catastrophic injuries such as traumatic brain injuries or spinal cord injuries can recover compensation for ongoing care needs, home modifications, and long-term rehabilitation. Compensation for permanent disabilities also covers future medical needs and lifestyle changes.
Wrongful Death Claims:
In the unfortunate case of pedestrian fatalities, family members can file a wrongful death claim. This legal process allows surviving family members to seek compensation for the financial and emotional impact of losing a loved one.
- Funeral Costs: Compensation may be awarded to cover funeral and burial expenses.
- Loss of Companionship: Family members can also receive compensation for the loss of companionship, care, and guidance that the deceased would have provided.
- Future Financial Support: Surviving family members may also be entitled to compensation for the financial support the deceased would have provided, helping the family maintain their standard of living after the loss.
Hiring a Lakeland pedestrian accident lawyer ensures that victims and their families receive fair financial compensation for their losses. It’s important to consult a lawyer to protect your rights and maximize your recovery. Most lawyers offer free consultations and work on a contingency basis, meaning there are no legal fees unless they secure compensation.
Causes of Pedestrian Accidents in Lakeland
Negligent Drivers:
Many pedestrian accidents in Lakeland are caused by careless drivers who fail to follow traffic laws. The most common factors include:
- Distracted Driving: Drivers distracted by phones, passengers, or other activities often fail to see pedestrians in crosswalks.
- Speeding: Speeding reduces reaction time and increases the severity of injuries in pedestrian accidents.
- Running Red Lights and Stop Signs: Drivers who disregard traffic signals put pedestrians at significant risk, especially at busy intersections.
- Failure to Yield: Some drivers fail to yield the right of way to pedestrians, particularly at crosswalks and intersections.
Pedestrian Traffic:
In areas with heavy pedestrian traffic, such as downtown Lakeland, there is an increased risk of accidents. Improper use of crosswalks, jaywalking, and pedestrians crossing in non-designated areas also contribute to accidents. The rise in population and foot traffic on busy roads like Memorial Boulevard heightens these risks.
Poorly Marked Crosswalks and Lack of Traffic Control Devices:
Pedestrians are at greater risk in areas with insufficient safety features. Poorly marked crosswalks or a lack of traffic control devices (such as traffic signals or pedestrian crossings) increase the chance of accidents. Certain high-traffic areas in Lakeland, like Winter Haven and Memorial Boulevard, are notorious for insufficient safety infrastructure. Without proper traffic signs or well-maintained crosswalks, both drivers and pedestrians may fail to recognize each other’s presence, leading to collisions.
Understanding these causes can help prevent future accidents and encourage both drivers and pedestrians to exercise greater caution on Lakeland’s roads. Hiring a Lakeland pedestrian accident lawyer can assist victims in navigating the complexities of these cases and securing compensation.
FAQs About Lakeland Pedestrian Accident Cases
What Should I Do Immediately After a Pedestrian Accident in Lakeland?
After a pedestrian accident in Lakeland, prioritize safety and health by calling 911 for immediate medical attention, even if injuries seem minor. Collect contact and insurance details from the driver and witnesses, document the scene with photos or videos, and file a police report. Seeking medical help quickly is crucial for both your recovery and any legal claims you might pursue later.
Who is Liable for a Pedestrian Accident in Florida?
Liability in a pedestrian accident depends on negligence. Florida follows a comparative negligence system, meaning if both the pedestrian and driver were partially at fault, compensation could be reduced based on each party’s degree of fault. For example, if a pedestrian ignored traffic signals but the driver was speeding, both might share liability. A Lakeland pedestrian accident lawyer can help determine fault and liability based on the specifics of the case.
What Compensation Can I Expect After a Pedestrian Accident?
Compensation in a pedestrian accident case may cover:
- Medical expenses (both immediate and future)
- Lost wages and income due to time away from work
- Pain and suffering, emotional distress, and other non-economic damages
- Rehabilitation and therapy costs
- Wrongful death claims in the case of pedestrian fatalities
How Long Do I Have to File a Pedestrian Accident Claim?
In Florida, the statute of limitations for filing a personal injury lawsuit is typically four years from the date of the accident. However, if the pedestrian accident resulted in a wrongful death, the family has two years to file a claim. It’s essential to act quickly to preserve evidence and ensure you meet these legal deadlines.
Do I Need a Lawyer for My Pedestrian Accident Claim?
Hiring a pedestrian accident lawyer is highly recommended. A lawyer can:
- Investigate the accident
- Gather evidence and negotiate with the insurance company
- Maximize your compensation and protect your rights throughout the process Without legal representation, you may receive a lower settlement or struggle with the complexities of the legal system.
Can I File a Claim if I Was Hit by a Car While Walking in Lakeland?
Yes, if you were a pedestrian and were struck by a motor vehicle, you have the right to file a pedestrian accident claim. Compensation is available for injuries, lost wages, and other damages, even if you were partially at fault due to Florida’s comparative negligence laws.
What Happens if the Driver Was Distracted or Drunk?
If the driver was found to be distracted, intoxicated, or violating other traffic laws, it strengthens your pedestrian accident lawsuit. A Lakeland pedestrian accident attorney can help you gather evidence to prove the driver’s negligence, which could lead to greater compensation.
How is Compensation Calculated in Pedestrian Accident Lawsuits?
Compensation is calculated based on the severity of the injuries, the impact on your life, and factors like medical expenses, lost wages, and future care needs. Courts or insurance companies also consider non-economic damages such as pain, suffering, and emotional distress. Additionally, the extent of comparative negligence may reduce the final settlement amount.
What if the Driver Flees the Scene (Hit-and-Run)?
In a hit-and-run pedestrian accident, it is essential to report the accident to the police immediately and provide as much information as possible about the vehicle and driver. If the driver cannot be located, victims may still have options for compensation. Florida law requires that all drivers carry uninsured motorist coverage (UM) or personal injury protection (PIP), which can help cover medical expenses and lost wages in hit-and-run cases. Working with a pedestrian accident attorney will help navigate the complexities of filing a claim through your insurance and seeking additional avenues for compensation.
How Do I Prove Negligence in a Pedestrian Accident Case?
To prove negligence in a pedestrian accident, it is crucial to gather and present evidence showing that the driver violated traffic laws or failed to exercise reasonable care. Key evidence includes:
- Police reports that document the incident and the driver’s behavior.
- Witness statements that confirm what happened.
- Traffic camera footage or surveillance video showing the accident.
- Medical records that link your injuries to the accident. An experienced pedestrian accident lawyer can assist in collecting and presenting this evidence to demonstrate the driver’s negligence and maximize your chances of compensation.
Can I Claim Compensation if I Was Injured in a Crosswalk?
Yes, if you were injured in a crosswalk, you are entitled to file a claim. In Florida, drivers are required by law to yield the right of way to pedestrians in marked crosswalks. If a driver fails to stop or follow this traffic rule, they can be held liable for the accident. Compensation may include medical bills, lost wages, pain and suffering, and other damages related to the injury. However, if the pedestrian was partially responsible for the accident, such as by walking against the traffic signal, the compensation could be reduced according to Florida’s comparative negligence law.
What if My Injuries Are Permanent?
If your injuries from a pedestrian accident are permanent, you may be entitled to additional compensation for future medical expenses, long-term care, and the impact on your quality of life. Permanent injuries, such as spinal cord injuries or traumatic brain injuries, often require ongoing treatment and rehabilitation, which can be costly. Compensation may also cover lost earning capacity if your injuries prevent you from returning to work or reduce your ability to earn a living. A personal injury attorney can help you pursue fair financial compensation for the lifelong impact of your injuries.
Can I File a Pedestrian Accident Lawsuit for a Child Injured in an Accident?
Yes, if a child is injured in a pedestrian accident, their parent or legal guardian can file a claim on their behalf. Compensation may cover the child’s medical expenses, rehabilitation costs, and pain and suffering. In serious cases where the child is permanently injured, compensation may also include long-term care and future lost wages. A pedestrian accident attorney can help guide the legal process, ensuring the child’s rights are protected and that fair compensation is pursued for the child’s recovery and future needs.
What if I Was Jaywalking During the Accident?
If you were jaywalking when the pedestrian accident occurred, you may still file a claim, but the compensation could be reduced due to Florida’s comparative negligence laws. If you are found partially at fault for the accident because you were crossing the road improperly, the amount you can recover will be reduced by your percentage of fault. For example, if you are deemed 30% at fault, your compensation will be reduced by 30%. A pedestrian accident lawyer can assess your case and help minimize any reduction in compensation due to comparative negligence.
Can I Sue if the Accident Occurred in a Parking Lot?
Yes, you can file a claim if a pedestrian accident occurs in a parking lot. Pedestrian accidents in parking lots are common due to high pedestrian traffic and vehicle movement in confined spaces. Drivers in parking lots have a duty to operate their vehicles with care, and if they are distracted, speeding, or not paying attention, they can be held liable for any injuries caused. Compensation can be sought for medical expenses, lost wages, and pain and suffering if you are injured in a parking lot accident.
Restating Importance of Legal Help
If you’ve been injured in a pedestrian accident, navigating the complexities of legal processes, insurance negotiations, and determining liability can be overwhelming. Hiring a Lakeland pedestrian accident lawyer ensures that you have dedicated legal representation to guide you through these challenges and fight for the financial compensation you deserve. The Law Place is committed to helping accident victims in Lakeland secure fair compensation for their medical bills, lost wages, and emotional suffering. Don’t face this difficult journey alone, let us help you get back on your feet.
Contact The Law Place for a Free Consultation
If you or a loved one has been involved in a pedestrian accident in Lakeland, reach out to The Law Place for a free consultation today. Our accident lawyers will evaluate your case, provide clear legal advice, and discuss your options with you. With our no-win, no-fee policy, you won’t pay anything unless we recover compensation for you. Contact us to schedule your consultation. Let us provide the legal representation you need to recover the compensation you’re entitled to.