When a vehicle hits a pedestrian, the pedestrian is likely to suffer an injury even if the vehicle was moving slowly. If the car or truck was speeding, a severe injury or even death is possible.
Consult a Eustis pedestrian accident lawyer if a vehicle hit you or a loved one while you were walking on or near a road. A trustworthy personal injury attorney could help you bring a claim against the responsible parties and ensure you receive appropriate compensation.
Anything that causes a vehicle accident could lead to a pedestrian accident. Driving under the influence, distracted driving, and speeding are factors in a significant number of pedestrian accidents.
Even a driver who obeys the law could be responsible for a pedestrian accident. Cars and trucks sometimes hit people when the vehicle is turning or merging, and the pedestrian is in the vehicle’s blind spot. Drivers often focus on what other vehicles are doing and do not notice people in time to avoid them.
Drivers must maintain awareness of their surroundings and use reasonable care to avoid harming others. A driver will be at least partially liable for hitting someone who is crossing the street, in most cases. A pedestrian injury attorney in Eustis could review a specific incident and identify examples of negligence that could confirm liability.
Everyone registering a vehicle in Florida must obtain personal injury protection (PIP). When anyone in an injured pedestrian’s household has PIP insurance, the PIP covers the pedestrian’s injuries up to the policy limits. If no one in the household has PIP, the driver’s PIP covers the injuries.
The minimum PIP coverage is $10,000, which would only be sufficient if the pedestrian suffered only minor injuries. If PIP does not cover their economic losses—medical care and lost wages—the plaintiff could pursue damages in court in some cases. Florida Statutes § 316.027 allows an injured person to take a driver to court if their injuries are “serious.” According to the law, an injury is serious if it:
An attorney in Eustis could secure an expert medical opinion confirming a pedestrian’s injuries qualify as serious under the law.
If the plaintiff must take the driver to court, they must prove the driver’s negligence caused the accident. The pedestrian could collect reduced damages if they are partially to blame for the incident. However, in any lawsuit filed after March 24, 2023, a person cannot collect damages if they are primarily at fault for an accident.
Laws called statutes of limitation restrict when someone can file a lawsuit. Florida changed its statute of limitations for injury claims in 2023.
If a pedestrian accident occurred before March 24, 2023, the injured person has four years from the accident date to file a lawsuit. However, if the accident happened on that date or later, they must file a lawsuit within two years of the accident date or lose the right to sue.
Consulting a Eustis attorney soon after an incident ensures that the injured person will not lose any rights due to missing legal deadlines. In addition, a legal professional could handle communication with insurance companies and others involved in the case, relieving the injured person of that burden, and allowing them to focus on recovering.
Navigating the state’s no-fault system for auto accident claims is tricky. If you are still recuperating from your injuries, you may not have the energy to handle a claim by yourself, and the insurance company will likely take advantage.
A Eustis pedestrian accident lawyer could manage your claim, protect your rights, and ensure you receive appropriate compensation. Call soon after the incident to get an aggressive advocate from The Umansky Law Firm working for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
