North Port and the State of Florida as a whole have some of the highest numbers of pedestrian accidents in the country. Car and motorcycle accidents can cause irreparable damage to individuals and families in North Port who often have no idea where to turn for legal help and support. If this is the case for you, and if you or someone you know has been injured in a motor vehicle accident, don’t hesitate to contact The Law Place today.
Our law firm has over 75 years of experience in winning personal injury cases for our clients all over Florida. So, you can be sure you’re working with the right lawyer for you and your case. Don’t suffer in silence. Hire a professional personal injury attorney to protect your rights and help you receive any compensation you might be entitled to.
We also offer a free consultation to all of our potential clients so you can be confident in our legal representation. Call today to speak to one of our pedestrian accident attorneys on (941) 444-4444.
Personal Injury From a Pedestrian Accident
According to a report by the Florida Department of Highway Safety and Motor Vehicles, the annual average number of pedestrians injured in motor vehicle accidents sits at around 10,000, with almost 1,000 pedestrian fatalities per year.
The most common types of injury for pedestrians from an auto accident include:
- Broken bones.
- Head and brain injuries.
- Injuries to the lower extremities, including feet, ankles, shins, and the lower leg.
- Injuries to the neck or face.
- Pelvic and hip injuries.
Common Reasons for a Pedestrian Accident in North Port
Pedestrian and motor vehicle accidents in North Port, Florida, can be split into two main causes: those caused by the pedestrian and those caused by the driver.
Fault of Driver
- Distracted driving – Drivers are required to pay attention to their surroundings, pedestrians, and road signals in order to safely operate a vehicle. However, even a momentary distraction from checking a cell can lead to serious car accidents.
- Exceeding the speed limit – Speeding is one of the most common causes of pedestrian accidents. If a driver is driving over the speed limit, their reaction times and braking capabilities can become much slower.
- Alcohol or drug use – In the State of Florida, it is against the law to drive a vehicle whilst over the legal limit of alcohol or impaired by the use of drugs. According to Florida Statute 316.193, a driver exceeds the legal alcohol limit when they have a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or over.
- Reckless driving – Auto accidents as a result of reckless driving can be particularly severe, often resulting in injuries and even death. Drivers could be driving recklessly if they are speeding, being aggressive on the road, tailgating, or swerving erratically.
- Violation of traffic laws – Drivers can cause motor vehicle accidents if they fail to obey local traffic laws, for example, by running a stop sign/red light or not checking their blind spot/mirrors.
Fault of Pedestrian
- Jaywalking – If a pedestrian crosses the road outside of a designated crossing area, they could cause an accident for which they will be held liable.
- Darting out – Pedestrians could be at fault for an accident if they darted out in front of a vehicle unexpectedly. In this case, the driver may not have enough time to react safely and appropriately.
- Backing out – Backing out accidents can occur in places like parking lots where a pedestrian or cyclist crosses the path of a reversing vehicle without paying attention.
If you were somewhat at fault for an accident in which you became injured, you should still get in touch with one of our attorneys. You may still be entitled to receive a percentage of damages, depending on the percentage of your fault.
What Damages Could I Claim for a Personal Injury Caused by an Accident?
If you were a pedestrian and you were injured by a car accident or motorcycle accident in North Port, you could be entitled to compensation for damages, including:
- Medical expenses – You could receive compensation for some or all of any medical bills incurred as a result of personal injury from a pedestrian accident. This could include any medical expenses such as ambulance rides, doctors’ fees, surgery, and medication.
- Property damage – Even if you weren’t driving, you could still be dealing with damaged property due to an auto accident. This could be the case if a car crashed into you whilst you were standing on your own property or if you were riding a bicycle or skateboard when a car collided with you.
- Lost wages – Accident victims could also receive compensation for long-term economic damage due to lost wages. This could include lost wages due to being unable to work whilst recovering or having a reduced earning capacity due to your injuries.
Being a pedestrian or a passenger involved in a car accident doesn’t just cause economic damage. You could also be suffering from the emotional fallout of being involved in a traumatic event. This is called ‘pain and suffering,’ and it could include:
- Psychological repercussions, such as Post-traumatic stress disorder (PTSD).
- Lifestyle changes that impact your quality of life and wellbeing, such as no longer being able to engage in previously enjoyed activities.
Compensation for Death Following a Motor Vehicle Accident
If the death of a loved one occurred as a result of a car or motorcycle accident, you could be entitled to compensation.
Depending on your relationship with the deceased, according to Florida Statute 768.21, the descendants of a wrongful death case could receive financial support for:
- Hospital bills and medical expenses incurred before death.
- Funeral expenses.
- Current and future loss of income based on income trajectory and life expectancy calculations.
- Pain and suffering for emotional and psychological damages.
- Loss of companionship/consortium.
This legal situation is much more difficult and complex to navigate than a regular personal injury or negligence case. So, make sure to contact an attorney to receive legal help and advice.
What to Do if You’re Involved in a Pedestrian Accident in North Port, Florida
If you’re a pedestrian involved in a car accident in North Port, Florida, there are a number of steps you should take to protect your health and safety and also your rights:
At the Scene of the Incident
- Remain at the scene and cooperate with law enforcement – Unless paramedics take you straight to a hospital, you should remain at the scene of the accident until law enforcement officers have collected your details.
- Receive medical attention for any injuries – If paramedics arrive on the scene, you should cooperate with them and receive any necessary medical attention.
- Record evidence – Record any evidence as soon as you are physically able. This will be important for your attorney and your insurance company. Take photos of the scene of the crime, any injuries, and write detailed notes about what occurred.
After the Incident
- Contact your insurance company – If you’ve been involved in an accident, you’ll need to go through your insurance company to claim on your personal injury protection or PIP insurance for immediate costs, such as medical bills. However, you should never give recorded statements to your insurance company or a third-party insurance company without advice from your attorney. Stick to the facts.
- Continue to record evidence – Take photos of your injuries as well as any damage that occurs over the next few months. Wounds can heal over time, so you’ll need a clear photographic record of them to support your claim. You should also file any ongoing medical bills or other financial repercussions.
- Contact a personal injury attorney – You should contact an attorney as soon as possible after the incident to have the best chance of receiving any compensation.
Filing Personal Injury Claims for North Port Pedestrian Accidents
If you file a claim, it will be up to your attorney to prove that your accident occurred as a result of driver negligence. It will need to be proven that you were injured as a direct result of someone else’s actions or inaction when there is a duty to act.
Insurance companies will often try to get you to settle out of court in order to avoid costly legal battles. So, when you file a personal injury claim, your attorney will liaise with any insurance companies involved in the case in order to try to achieve a settlement. An independent mediator could be brought in at this stage to help the process.
The process for filing personal injury claims and navigating the legal system in North Port can be complex and confusing. That’s why it’s important to work with an experienced and qualified North Port pedestrian accident lawyer.
Taking a Personal Injury Claim to Trial in North Port, FL.
If a settlement agreement cannot be reached during the mediation phase, and a personal injury lawyer feels that you could be entitled to more compensation than you have been offered, you could choose to file a personal injury lawsuit. In this case, you will appear in court, and it will be up to a jury to decide the total amount of damages, as well as how these are split among any parties involved.
It’s important to note whilst the statute of limitations for car accidents states that you have four years to file a personal injury lawsuit, it can often take years for a personal injury claim to be brought to trial in North Port, Florida. This means that you’ll need to get into contact with an experienced car accident lawyer as soon as possible after your accident in order to have the best chance of achieving favorable case results.
Comparative Negligence in Florida Personal Injury Cases
Florida operates under a comparative negligence principle. In many cases, it’s not as simple as one party being completely at fault while another party is completely innocent. So, Florida’s comparative negligence rule accounts for this.
Therefore, for a case where you are found to be 10% at fault, you will receive 90% of the damages you are entitled to. This works up to a maximum threshold of you being found to be 50% at fault for an accident.
Contact The Law Place Today
If you or someone you know was involved in a car accident as a pedestrian in Florida, whether or not you sustained any serious injuries, contact The Law Place today. It can be difficult for accident victims to know where to turn, especially if they’re dealing with and recovering from physical injuries, as well as emotional and economic damages. That’s why we try to make the legal process as smooth as possible, giving you the help and support you need to defend your rights.
Our attorneys can help you to understand whether you could receive any compensation for your damages. Then we’ll liaise with your insurance company and any other parties involved to minimize stress and worry. So, you can be sure you and your case are in safe hands. Here at our law firm, our team of accident lawyers has over 75 years of combined experience. We offer a high level of commitment and attention to detail for every one of our clients, no matter how complex their case may be.
Contact The Law Place today to speak to one of our experienced pedestrian accident attorneys in a free consultation. We’re available 24 hours a day, 7 days a week. So, call today on (941) 444-4444.