What Are My Rights After a Pedestrian Accident?

Foot traffic is a part of everyday life in Florida. Unfortunately, dangerous accidents involving pedestrians happen all too often, often resulting in severe injuries and sometimes even death. Seeking compensation for a pedestrian accident in Florida can be an uphill battle as you deal with insurance companies and claims against negligent drivers. In addition, the statute of limitations for pedestrian accidents is very brief, so contacting a personal injury attorney as quickly as possible is advised.

Anyone who is on foot is considered a pedestrian, including cyclists and skateboarders. All accidents that involve a pedestrian in some way will generally be investigated by a number of different parties, including police, insurance adjustors, and lawyers. The purpose is to determine whether or not the pedestrian was walking in accordance to state laws, in addition to establishing if the driver was lawful in their actions.

Both pedestrians walking alongside a street and drivers have a duty of care to each other’s movement, as they both have a right to use the roadway. The term “duty of care” simply refers to the awareness and preventative actions one would take to protect yourself and others on the road. Because of this, drivers may not always be completely responsible for damages incurred in an accident.

What Compensation is Available to Injured Pedestrians?

If you have been struck by a car and have auto insurance, you may be entitled to Personal Injury Protection (PIP) coverage. PIP coverage pays for the reimbursement of 80 percent of all related and necessary medical care received within two weeks of the accident, regardless of fault. PIP coverage is given instead of the right to sue for damages, unless the injuries sustained are permanent or if a family member is killed in the accident.

If you are uninsured, however, then the insurance of the person that hit you is responsible for paying for a portion of your medical bills. If it can be proven that you were hit due to negligent driving, your “out of pocket” expenses (whatever the insurance doesn’t cover) are the responsibility of the negligent driver.

If you have been involved in a pedestrian accident, my firm can assist you. While you focus on recovering, you can trust my firm to handle the heavy lifting of your case. With skilled legal representation, I am prepared to fight for your deserved compensation.

At Cohen Law, all first-time clients receive a free consultation. This is the best way to begin moving forward with your case and it can start today! Get in touch with my firm right away to obtain personalized legal assistance from a personal injury lawyer in Miami.