Walking through your community should be a safe and pleasant experience. Unfortunately, a walk down Lake Mary Blvd. or across Old Lake Mary Road can lead to a car accident.
Pedestrians have no defense against being hit by a vehicle, and they can suffer severe injuries as a result. A Lake Mary pedestrian accident lawyer could provide clarity and purpose when you have been hurt and want to pursue compensation for your personal injuries.
Accidents injuring a pedestrian can happen for several different reasons, usually in relation to the actions of a driver. Some common causes include:
Any of these situations can result in severe injuries to a pedestrian, depending on the speed and impact of the car. Lower body injuries can occur where a car’s fender hits a pedestrian, and upper body injuries can result if the pedestrian gets thrown into the air.
Broken bones, spinal injuries, and concussions can all come from a pedestrian accident. More superficial injuries can also harm someone, such as lacerations, bruising, and road rash.
Documenting injuries while seeking medical care after an accident can make a huge difference in supporting a claim for damages. A Lake Mary attorney could also determine what led to the accident and who to hold responsible.
Injury claims by pedestrians fall under personal injury and liability laws and often involve the legal standard of negligence, specifically that of the driver. However, the actions of the pedestrian matter, too, and can affect the liability and damages found in court.
Showing fault of another person through that person’s negligence requires proving a few different elements:
A pedestrian injured in an accident should get the contact information of the driver and witnesses to later gather evidence to support their claim. A police report should be provided as well, to create an official record of what happened.
A pedestrian should also mind their own actions leading up to the accident. Florida uses a system of comparative negligence, which can reduce the damages available to a claimant if they are partly at fault for their injuries. Section 768.81 of the state Statutes establishes a claimant’s damages are reduced by the percentage of fault attributed to them and that a claimant more than 50 percent responsible for their injuries cannot recover.
The damages available to an injured pedestrian can include economic and non-economic damages. Section 768.81 defines economic damages as lost wages (past and future), medical costs, and lost property or repairs to property. Non-economic damages include pain and suffering, loss of consortium, and sometimes emotional distress.
Again, the value of these damages can be reduced through the comparative fault of the claimant. A Lake Mary lawyer could help a pedestrian understand the types of damages available and figure out how to construct their claim based on their circumstances.
A person looking to file a civil suit for damages should know the timeframe for making a claim. Until recently, state law allowed a claim to be made within four years of the accident causing an injury. However, an amendment to Section 95.11 of the Statutes reduced the timeframe to only two years for injuries occurring after March 24, 2023.
Getting hit by a car while walking or jogging outside can affect your livelihood for years to come. Shortly after an accident, you may be focused on medical care and the costs associated with recovery. Talking with a Lake Mary pedestrian accident lawyer can help you determine your next steps.
The Umansky Law Firm Criminal Defense & Injury Attorneys