What should I do if the driver fled after I was hit?
If you’ve been hit by a driver who then flees the scene of the accident, but you have Uninsured/Underinsured Motorist (UM) insurance coverage, you can file a claim with your insurer for any injuries or property damage caused by the fleeing driver. Your insurance will cover any damages which you may have suffered. Florida law treats a hit-and-run driver who can’t be located by police as if the driver had no insurance. The process you should follow when involved in a hit-and-run accident is the same as if the driver that hit you had pulled over to the side of the road, and you should immediately call the police.
Are the drivers always at fault if they hit a pedestrian walking in or near a crosswalk?
If you were in a crosswalk and got struck by a car or other vehicle, the motorist was likely at fault. However, if you jumped out into the crosswalk and were hit, it’s possible the pedestrian would be judged as being somewhat at fault. Florida law states that if you literally “jumped” out in front of a car, you may be partially at fault.
My injury was caused by a defect in the sidewalk, could I potentially have a case?
A trip and fall on a sidewalk due to a defect can be the responsibility of the party in charge of maintaining that sidewalk, which entitles you to compensation for any injuries you may have sustained. A defective sidewalk can cause a trip and fall, and that includes cracks, tree roots left to grow uncontrolled, or disintegration. While it could be argued that the pedestrian has a responsibility to pay attention to their surroundings, a claim can be brought against an injury caused by a poorly maintained sidewalk.
What Type of Damages Are Recoverable in Pedestrian Accident Cases?
With a St. Petersburg pedestrian accident attorney by your side, you may be able to file claims for the following damages: property damages, lost wages, cost of transportation to and from the doctors, trauma from the pain and suffering, permanent disability and disfigurement, household help for duties you can no longer do yourself, and other costs directly tied to your injuries in a pedestrian accident.
Will My Pedestrian Accident Case Settle Out of Court?
It really depends on the facts and injuries involved. In Florida, your PIP—which stands for Personal Injury Protection—pays for a portion of accident-related medical bills and lost wages. This will cover 80% of your medical bills and as much as 60% of lost wages until these expenses meet the policy’s limits of $10,000.00. If you do not own a vehicle or otherwise have your own PIP coverage, you may qualify for PIP coverage from the at-fault driver in a pedestrian versus car accident. However, to be made whole and cover all medical expenses and lost wages, you will have to file a claim against the at-fault driver. If they have bodily injury coverage under their policy, this type of coverage will cover your expenses not paid by PIP. To succeed, you need to prove that the other driver’s negligence caused the accident and your injuries. Many times this type of case can be settled in the claims process without filing a lawsuit. Yet other times, a lawsuit and trial may be necessary, depending on the circumstances.
