Have you been injured in a pedestrian accident in Florida? You might be entitled to substantial compensation for injuries caused by the driver who hit you. A Clearwater pedestrian accident lawyer from Winters & Yonker Personal Injury Lawyers can help you file a claim. Call (727) 493-4418 for a free case evaluation.
Let us put our skills and experience behind your claim. We’ve helped thousands of families get justice after another party injures them through negligence resulting in cases like Uber accidents in Clearwater, truck accidents, car accidents, motorcycle accidents, and Clearwater commercial vehicle accidents, among others.
We are known as “The Aggressive Attorneys,” and we have the results to back it up. We’ve recovered millions for injury victims and families in Tampa Bay.
Contact us today to get started with your case. Our injury lawyers work on contingency; we won’t charge any attorney fees unless we recover compensation for you first.
Clearwater, Florida, is known for its great beaches, shops, restaurants, and historic downtown. But it also has a high pedestrian accident rate — as does the rest of Tampa Bay.
If a driver struck you while you were crossing the road, you are likely entitled to significant compensation. A Clearwater personal injury attorney can help you maximize the value of your claim.
Winters & Yonker Personal Injury Lawyers has recovered millions for our injured clients. Our attorneys have over 100 years of combined experience in personal injury law. We consistently provide aggressive representation that gets accident victims all the money they deserve after an injury.
When you hire our legal team, we will:
- Explain your rights and options for pursuing an injury claim
- Investigate your pedestrian accident to identify liable parties and gather evidence.
- Calculate your damages after the collision
- Consult experts in finance, medicine, and accident reconstruction (when necessary)
- Handle all communications and negotiations with the insurer
- Take your case to trial to protect your rights
We’re ready to provide you with the aggressive representation you deserve after your pedestrian accident. Contact us today for a free case review with one of our Clearwater personal injury lawyers.
How Common Are Pedestrian Crashes in Clearwater, FL?
Tampa Bay has a high number of pedestrian accidents each year. Clearwater is responsible for many of those collisions.
As of October 2022, there have been over nearly 7,200 pedestrian accidents in Pinellas County. These crashes have caused 540 deaths and thousands of injuries. The county had 9,566 pedestrian crashes in 2021, which caused a total of 834 fatalities.
Pedestrians almost always suffer serious injuries when involved in a collision with a car. They have no protection from the speed and force of the motor vehicle.
How Much is My Pedestrian Accident Case Worth?
Your attorney will need to evaluate the circumstances of your accident and the resulting damages before they can estimate the value of your case. Your injuries are unique and will result in a unique case value.
The value of your claim will be influenced by the following:
- The cost of your past and future medical expenses
- The extent of your lost income
- Whether you’re earning capacity is diminished
- The pain and suffering you’ve experienced after the accident
- Available insurance coverages
- The strength of your evidence
- Whether you share fault for your crash
Calculating the value of your claim is critical to the success of your case. It will give you leverage with the insurance company and allow you to negotiate for a fair settlement. The best way to understand your case’s worth is by contacting a skilled pedestrian accident lawyer in Clearwater.
Contact Winters & Yonker Personal Injury Lawyers for help identifying your damages and analyzing the value of your claim.
What Damages Are Available to Pedestrian Crash Victims in Florida?
After a pedestrian crash, you will typically be able to recover two types of damages: economic and non-economic. Economic losses represent your financial losses related to your pedestrian crash. Non-economic damages compensate for personal, non-financial losses arising from the incident.
Economic damages typically cover:
- Past and future medical expenses
- Lost income
- Diminished earning capacity
- Out-of-pocket expenses
- Physical therapy
Non-economic damages usually compensate for:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of consortium
Some cases qualify for punitive damages if the at-fault driver acted intentionally or with gross negligence. Punitive damages punish the negligent driver rather than compensate the victim. For example, a pedestrian accident case involving a drunk driver might be appropriate for punitive damages.
Can I Recover Compensation If I’m Being Blamed For a Pedestrian Crash in Clearwater?
You can recover compensation even if the insurance company is blaming you for the accident. Florida uses modified comparative fault rules to divide liability after an accident. Courts and juries will assess each party with a percentage of fault (if any), including the accident victim. If the victim shares fault, their damages will be reduced to account for their share of blame.
Under these rules, you cannot recover any compensation if you are mostly at fault for the accident.
For example, suppose you have $150,000 in damages after a driver strikes you in a crosswalk. Suppose a court finds you 20% responsible for the collision for texting while walking through the crosswalk. In this case, you could only recover $120,000 in damages (80%). However, if you were 51% at fault, you would not be able to recover compensation.
Insurers try to use these rules to game the system and pay less than the full value of an accident victim’s losses. Our pedestrian accident attorneys in Clearwater can protect you from unfounded accusations of comparative fault. Contact us today for the aggressive representation you deserve.
How Do I Prove My Negligence Claim After a Pedestrian Accident in Florida?
To win your negligence case, you will have to show:
- The driver owed you a duty. All drivers have a duty of care to obey traffic rules and drive safely to avoid harming others.
- The driver breached their duty. Drivers typically breach their duty of care by breaking traffic laws, e.g., speeding, driving under the influence, distracted driving, etc.
- The driver caused the collision. You will have to show the pedestrian crash would not have happened had it not been for the driver’s breach of duty. You must also prove that your injuries and damages were foreseeable.
- You incurred damages. You must show you suffered damages after the incident, such as medical expenses, lost income, or other losses.
Your personal injury lawyer in Clearwater will help you prove your claim by a preponderance of the evidence. They may use citations, police reports, medical records, video/photographic evidence, and expert and eyewitness testimony to establish negligence.
Contact Winters & Yonker Personal Injury Lawyers today to get started on your negligence case. Our aggressive attorneys are ready to put more than a century of experience behind your case.
How Long Do I Have to File a Pedestrian Accident Lawsuit in Clearwater?
Florida has statutes of limitation that set time limits on your ability to file a personal injury claim. The statute of limitations for pedestrian accidents is typically two years (which is also the time limit for car accident claims). You’ll also only have two years if a wrongful death occurred.
The statute of limitations used to be four years. However, a March 2023 bill cut the deadline in half. If you got into a pedestrian accident before the passage of the bill (3/24/2023), you will be subject the four-year time limit.
These deadlines are extremely important. You will be barred from recovering compensation if you miss them. Our experienced lawyers can help you comply with the statute of limitations and all other legal requirements applicable to your case.
Contact Our Clearwater Pedestrian Accident Lawyers For a Free Consultation
Pedestrians should never have to fear being struck by a car. If you were injured in a pedestrian crash, you are entitled to hold the at-fault driver responsible for your injuries. Let our aggressive attorneys take the lead on your claim.
Winters & Yonker is ready to put our extensive experience and resources behind your claim. Let us handle your case while you heal from your injuries.
Contact us today to schedule a free case consultation with a Clearwater pedestrian accident lawyer.
Our personal injury law firm in Clearwater, FL, also provides:
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