Central Florida can be a dangerous place for pedestrians, since a road system designed to help motor vehicles move efficiently often does not accommodate people on foot.
If a vehicle struck you while you were walking, jogging, or riding a wheelchair or scooter, contact a trustworthy personal injury attorney immediately to investigate the incident and determine whose negligence led to your injuries. A Mount Dora pedestrian accident lawyer could ensure the responsible parties pay reasonable compensation for the harm they caused.
Florida is a no-fault state, meaning that fault is usually not an issue in an accident. Everyone registering a vehicle must have $10,000 in personal injury protection (PIP). Uniquely, Florida law does not require vehicle owners to have coverage for bodily injuries to others.
If a pedestrian suffers injuries in a vehicle accident and they or someone in their household has PIP, it will cover the pedestrian’s injuries. If the pedestrian has no PIP or their expenses exceed the PIP coverage limit, the pedestrian could claim against the driver’s PIP. Only if the coverage remains inadequate could a person sue the driver for their damages, and only if their injuries are “serious” under the no-fault law’s definition.
According to the definition in Florida Statutes § 316.027, a serious injury could be fatal, even if it was not fatal in this specific case. A person also meets the serious injury threshold if their injury results in permanent serious disfigurement or scarring. An injury that leaves the accident victim partially or totally disabled, or interferes with the function of an organ or bodily system, qualifies as a serious injury. A Mount Dora attorney could help a pedestrian accident victim compile the necessary evidence to prove their injury meets the legal threshold.
Drivers must be cautious and attentive to their surroundings at all times. Driving a massive machine capable of high-speed travel comes with responsibilities, one of which is to be reasonably cautious not to harm others.
Unfortunately, tourists unfamiliar with the area frequently travel on the local roads. They might be too intent on reaching their destination to pay close attention to pedestrians. Similarly, many area drivers text while operating their vehicles and drunk driving also remains a major problem. Any of these scenarios would indicate a driver was negligent. When a seriously injured pedestrian takes a driver to court, and a Mount Dora attorney can prove the driver’s negligence, the driver is liable for the pedestrian’s injuries.
The pedestrian’s damages include medical expenses not reimbursed through PIP. The negligent driver is responsible for the pedestrian’s lost wages, and, when a pedestrian takes a driver to court, they can claim damages for their pain and suffering.
Florida has enacted laws regarding pedestrian use of the roads. Florida Statute § 316.130 requires pedestrians to use sidewalks when they are available. If not available, pedestrians must stay on the left shoulder facing traffic, or as far to the left as possible if there is no shoulder.
A pedestrian has the right of way when in a marked crosswalk. However, if there is a signal, they must obey the signal even when in a crosswalk. A pedestrian crossing anywhere but on a marked crosswalk must yield to oncoming vehicles.
If a pedestrian violated any of these laws, the insurance company for the driver might assert the person caused the accident and should be responsible for their injuries. A Mount Dora attorney could defend the accusations by proving the driver’s negligence and establishing a driver’s fundamental duty to avoid harming others while behind the wheel.
Pedestrian accidents often cause significant, permanent injuries and you must hold the negligent driver who caused such harm responsible for their conduct. A Mount Dora pedestrian accident lawyer could help you navigate the no-fault system and seek damages against the negligent driver. Call today to speak with a team member from The Umansky Law Firm.
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