Pedestrian Accident vs Car Accidents
What's the Difference Between a Pedestrian Accident and a Car Accident?
Question:
How does a pedestrian injury claim differ from a normal car accident claim?
Answer:
Pedestrian accident injury claims differ in multiple ways, shapes, and forms than automobile accident claims. A lot of times, it comes down to what Florida law says about the duty owed as a result of a crash involving a pedestrian. Pedestrians have certain duties and responsibilities under the law but the law more times than not is more favorable to pedestrians and puts certain duties and responsibilities on auto drivers to make sure they’re looking out for pedestrians certainly here in sunny southwest Florida where we’re out and about quite a bit just based upon our community and lovely weather that we have. The occurrence of the accident and putting the pieces together in a pedestrian accident case is vitally important from the very beginning.
As opposed to a car accident case where someone runs into the back of you while you’re at a stop sign, it’s pretty clear in that circumstance who’s at fault for the accident, but in pedestrian cases, it can become more involved. It’s certainly important that you get an attorney onboard early, that you document not only your injuries and your damages but the scene of the incident early on so that we, your attorneys, can go about dealing with the insurance companies using the law in Florida to our benefit to show who certainly was at fault for the accident more times than not it being that motor vehicle driver who simply wasn’t paying attention in looking at for pedestrians.
As far as damages goes, the damages in a pedestrian accident case and the damages in an auto accident case are very similar and pretty much overlap in Florida, the biggest difference, again, being who was at fault for the accident and trying to put those pieces together early on. At Goldstein Buckley Cechman, Rice & Purtz, we’re committed to getting on the ground level with you early on in the case to make sure we are putting together the best case we can to show who certainly it was that was at fault for the crash.
Frequently Asked Questions
Who is typically at fault in a pedestrian accident?
Fault depends on the circumstances. Drivers are often found liable if they were speeding, distracted, or failed to yield. However, pedestrians can also be partially at fault if they jaywalk or cross against traffic signals.
Can I sue if I was hit by a car while walking in Fort Myers?
Yes. If the driver was negligent, you may have grounds for a personal injury claim to recover medical bills, lost wages, and pain and suffering.
What should I do after a pedestrian or car accident?
Seek medical attention, call the police, gather witness information, take photos, and contact a personal injury attorney to understand your rights.
How long do I have to file a claim in Florida?
In Florida, the statute of limitations for personal injury claims is generally two years from the date of the accident. It's best to act quickly.
Have you or a loved one recently been injured in a pedestrian accident in Florida and have questions about the differences between pedestrian accident and car accident cases? Contact our experienced Southwest Florida pedestrian accident lawyers today for a free consultation and case evaluation.
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