Pedestrian accidents happen when a car or any motor vehicle collides with or crashes into a person walking or traversing on or near the road. As a result of the incident, the pedestrian suffers injuries, property damage, or death.
If you’ve been the victim of an accident, help from a Davie pedestrian accident attorney is a call or click away. The attorneys at Eggnatz | Pascucci personal injury law firm in Davie have helped many pedestrians get the compensation they deserve following an accident.
In Davie, Florida, the state allows the injured party to file a claim against the motor vehicle driver to seek redress for their losses. Serious body injuries often occur from pedestrian accidents. Reaching out to one of our top-rated personal injury lawyers in Davie will help guide you through the complex claims and legal process. They’ll provide expertise and proficiency to help you. Knowledge of the law and understanding of the rights under a no-fault state can be crucial in these claims.
Davie Pedestrian Right of Way
Florida law provides traffic regulations identifying the pedestrian’s right-of-way. Under Section 316.130, pedestrians are mandated to obey traffic signs and devices. On the other hand, vehicle drivers are expected to exercise caution to avoid hitting pedestrians.
Some of the specific rules for pedestrians to follow are as follows:
- Pedestrians are expected to follow the marked crosswalks.
- Vehicles must stop and yield the right of way if a pedestrian is crossing within the marked crosswalks.
- Vehicles have the right of way if a pedestrian is crossing without any marked crosswalk. However, drivers must exercise diligence and caution to avoid hitting pedestrians.
While drivers must exercise diligence in driving their vehicles, pedestrians must follow traffic signs, use marked crosswalks when available, and use the sidewalk if available. Legal remedies may be available even if a pedestrian fails to follow the law. As operators of heavy motor vehicles, drivers are expected to take precautions to avoid hitting vulnerable pedestrians. That’s why speaking to an experienced car accident lawyer in Davie following your pedestrian accident is important, even if you may be partially at fault.
Common Causes of Pedestrian Accidents
A pedestrian accident can happen for many reasons. Most of the time, a person walking along the sidewalk feels safe, as they should be. Yet, drivers are often not paying attention, which can lead to catastrophic outcomes. Some of the most common reasons for pedestrian accidents include:
- Distracted driving: A driver is checking a text message or answering an email. The driver is eating or drinking behind the wheel or trying to manage a pet. They are not paying attention to the road.
- Impaired driving: A driver is under the influence of alcohol or drugs, including prescription medications. That limits their ability to react to changing situations.
- Poor visibility: In some situations, there are no sidewalks, and pedestrians must walk in the roadway. When that happens, a lack of lighting can cause a higher risk of injury, especially at night.
- Reckless driving: Speeding, illegal lane changes, tailgating other drivers, and running red lights are all common reasons for these accidents to happen.
- Fatigue: A driver who is tired behind the wheel is less able to react to changing conditions, meaning they may not see the pedestrian in the crosswalk.
These are some of the most common causes of pedestrian accidents, but many others can occur. It is up to your Davie pedestrian accident attorney to determine what happened so the most effective strategies can be used to recover fair damages.
Florida is a No-Fault Insurance State with Davie Pedestrian Accidents
Florida is among the few states that adopt no-fault laws. In a pedestrian accident in Davie, the injured pedestrian must submit its medical bills to their own insurer, if the injured person or a resident relative owns a vehicle in Florida. If the injured person does not have coverage available, then the no-fault claim must be submitted to the at-fault driver’s insurance.
This no-fault claim is separate from a personal injury claim for injuries, non-covered medical treatment, pain and suffering, and other damages resulting from the at-fault driver’s negligence.
Driver Duty of Care Towards a Pedestrian in Davie
Section 316.130 (15) of the Florida Statutes requires drivers to exercise due care to avoid colliding with any pedestrian. Drivers must also exercise proper precaution upon observing any child or any confused or incapacitated person.
When drivers breach this duty, they must be held accountable. Our highly experienced pedestrian accident attorneys in Davie know what evidence to use to prove negligence. Furthermore, we know which parties to sue, which may become more complicated if a vehicle malfunction or unsafe road conditions lead to an accident.
What If the Driver Who Hit Me Was Uninsured or Underinsured?
If you are hit by a driver who lacks insurance, you may be unsure what your rights are. If you carry your own uninsured or underinsured motorist insurance, it could be applied to your case, helping to cover your losses. Not all drivers have this insurance, but if you do have it, let your attorney help you file a claim for your losses through your policy.
However, in all situations, you still have the right to hold the at-fault party accountable. That means you could file a claim against them in a court of law. Even without insurance, they may be responsible for your losses, and filing a lawsuit could mean the court forces them to use their assets to pay for your losses.
Comparative Negligence for a Davie Pedestrian
Florida follows the modified comparative negligence system, which allows the parties in an accident to share fault, provided that the injured person is 50% or less. For instance, if the pedestrian is partially at fault by passing outside the marked crosswalk, the pedestrian’s recoverable damages shall be reduced based on the percentage of their fault (Section 768.81). However, they will still be able to recover for the portion of the accident that was not their fault. Our attorneys understand how to evaluate fault percentages and will accurately advise you on how much your claim is worth.
How Long Do I Have to File a Pedestrian Accident Claim?
After a pedestrian accident, you have two years from the date of the incident to file a lawsuit in a court of law. This falls under Florida’s statute of limitations in personal injury cases.
Most of the time, you should take legal action far sooner by filing a claim with the at-fault party’s insurance company. Your attorney will expedite this process to ensure that you can settle fairly outside of court when it is possible to do so. Yet, in situations where it is not possible, it becomes necessary to file a lawsuit instead.
You have the right to seek a legal claim in a Florida court for two years. If you miss that deadline, the court is not likely to hear your case. That means there is no legal method available to force the at-fault party or their auto insurance coverage to pay for your losses. For this reason, you should not wait to get the legal guidance you need in pursuing fair compensation.
Contact Our Skilled Pedestrian Accident Attorneys in Davie Today
If you need specific advice on your case, it is beneficial to consult a Davie pedestrian accident lawyer. An experienced and skilled lawyer will assess your case and advise on strategies to increase the chance of getting favorable compensation for your injury.
At Eggnatz and Pascucci, our team will provide the representation you need to pursue a claim immediately after an accident. Contact us today to get the ball rolling on your legal claims. We offer no-risk, free consultations to discuss your claim’s value and how we can assist you. Give us a call at (954) 889-3359 or send us a text message at (954) 289-6961.