Pedestrian accidents are very common in Tampa, Florida. With the huge number of motor vehicles on the road, a Tampa pedestrian accident lawyer is often called upon to represent injured victims on both, city roads and highways. In most cases, a pedestrian has little protection when hit by a motor vehicle and suffers serious and life-threatening injuries. If you have sustained injuries in a pedestrian accident, don’t hesitate to contact a personal injury lawyer.
Tragically, many pedestrians do not know what to do after an accident. Some don’t know that they have legal rights following a pedestrian accident. For pedestrians involved in accidents, the best way to get compensation for injuries is to get in touch with a pedestrian accident attorney as soon as possible. A pedestrian accident lawyer can help you file a claim and help protect your rights after an accident. The process of filing a claim can be complex and time-consuming. It is important to contact a pedestrian accident attorney immediately after the accident.
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Who is liable for a pedestrian accident?
In general, the individual whose negligence resulted in the accident is legally obligated to compensate all the victims of a pedestrian accident. However, every situation is different. That is why it is best to discuss your particular accident with a pedestrian injury lawyer.
When you are involved in a pedestrian accident and hit by a motor vehicle, the driver’s insurance company is responsible for paying you any damages that you incur. However, before they do so, they will investigate to determine who was at fault. Many times, the insurance company refuses to accept that their client was at fault. In such a situation, the victim has no choice but to talk to a pedestrian accident attorney in Tampa, Florida, and file a lawsuit against the driver who caused the accident.
The state of Florida follows the comparative negligence rule. The comparative negligence rule states that the parties involved are only legally responsible for their level of fault. However, Florida law also states that if the pedestrian was responsible for a certain portion of their injuries, they still might be able to collect legal damages from the other party. However, the amount of compensation will be reduced based on the percentage of their fault. For example, if you were crossing the road and got hit by a vehicle, you can file a compensation claim. However, if it is determined that you were 50% at fault, your compensation claim will be reduced by 50%.
How Can I File a Claim Involving a Pedestrian Injury?
To initiate the compensation process, you first need to consult with a pedestrian accident attorney. The next step is to file a claim against the driver who caused the injury. In most cases, it is the driver’s insurance company that is primarily responsible for paying you for the damages that you’ve incurred.
However, do keep in mind that insurance companies do not simply hand over the money to accident victims. In fact, insurance companies will try their best to make the entire process extremely difficult for you. They want you to either give up and forget about the claim or simply become frustrated and settle for whatever amount they offer. Both of these are big mistakes. Don’t sign any settlement offer by the insurance company without speaking to your pedestrian accident lawyer. It is understandable that most people do not have the time nor the patience to deal with and negotiate with insurance companies.
A pedestrian accident attorney is best suited to handle these insurance companies. They have the skill and the experience to deal with these insurance companies. Your pedestrian injury lawyer also knows all the tactics that these insurance companies use to reduce their payout. That is why it is important that you let your pedestrian accident lawyer handle the insurance companies while you sit back and relax. If your injuries are severe, your priority is your health and early recovery. Don’t stress over what the insurance agent says or how the insurance company tries to pin the blame on you. Let your pedestrian injury lawyer deal with them.
What Happens if a Pedestrian gets Killed?
The driver’s insurance company will conduct their investigation because their job is to reduce the driver’s fault and blame it on the pedestrian. If the driver was clearly at fault and if there is no evidence to the contrary, the insurance company may have no choice but to accept the fact. However, if there is a fraction of doubt, the insurance company will exploit it and shift the blame to the pedestrian. If this has happened to you, don’t panic. Talk to a pedestrian accident attorney and let them handle the situation for you.
Remember, there is a legal system in place, and this legal system is on the side of the accident victims. If the injured pedestrian believes that the driver was completely at fault and the insurance company does not agree, then the legal system allows medications to be undertaken. This will help the parties reach a resolution. Ask your pedestrian accident lawyer how the mediation process works.
What if There is No Agreement for a Lawsuit of a Pedestrian Hit by a Car?
If there is no agreement, the case goes to trial. There is still a possibility that the insurance company may reach out to you regarding a settlement. Don’t give in to the pressure. It is possible that they may be offering a good settlement but does not be in a rush to sign it. Discuss the offer with your pedestrian accident attorney before you make any decision. Sometimes, the amount of money you will be offered may sound like a lot, but in reality, the sum is much less than what you could win if you proceed with the case and use a pedestrian accident attorney to fight for your rights.
Keep in mind that once you accept the settlement, there is no going back, even if you discover in the future that you have a more serious permanent injury. You may even find that the amount that you settled for is much lower than the damage you are likely to incur in the long run. Don’t make this mistake. Talk to a pedestrian accident attorney before you do anything drastic.
What Should be Done for Injuries Caused by a Negligent Driver?
If you are injured by a motor vehicle, the first thing you should do is call for medical help. Then you should call the police. Don’t leave the scene of the accident unless you are severely injured, and the paramedics take you to the hospital immediately. If that is not the case and you are waiting for the police to arrive, try to get the names of any witnesses and make sure there is a police report. Even if you are not seriously injured, you should always see a healthcare provider.
Some injuries may not be apparent right away and you still need to have it on record that you did see a physician. The next step is to see a pedestrian accident lawyer. In Florida, the law says that you have two years to file a wrongful death claim and four years to file a claim for your injuries. However, it is important to speak to a pedestrian injury lawyer early. It gives them an opportunity to go to the accident scene which is often preserved and can determine what exactly happened.
If you wait too long, not only is there a risk that you will miss the deadline for filing your lawsuit, but the evidence from the accident may also be lost. Don’t waste another minute. Talk to a pedestrian accident attorney immediately.
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What Kind of Compensation Can I Claim?
There are many factors that determine the overall compensation after a pedestrian accident. The type of accident, its severity, the injuries that are sustained and the parties that are involved are some of these factors.
In general, if you file a compensation claim and if you use the services of a personal accident lawyer, you can claim the following:
- The cost to repair any property damage.
- Cost of repair of any motor vehicle damage
- Replacement or cost of repair for any expensive items that may have been damaged in the pedestrian accident like an iPhone, video camera, etc.
- Your medical bills and prescription medications
- Cost of all future visits to the doctor
- Cost of rehabilitation
- Pain and suffering
- Lost wages
Talk to a pedestrian accident attorney so that they can help you understand each type of compensation and which types you may be entitled to claim.
A Fatal Pedestrian Accident VS. Non Fatal Pedestrian Accidents
Pedestrian accident cases can take anywhere from a few months to a year to resolve. The time variation is mainly because every accident is different. Some accidents are too minor and may be dismissed quickly. This usually happens if the victim has not sustained any major injuries or if the victim has no evidence to prove that the party is responsible for their accident. Your pedestrian accident attorney can explain this in more detail.
The delay in most pedestrian accident claims is often attributed to the lengthy healing process. Before you file any claim, you need to discuss with your healthcare provider if there is any risk of health issues that may occur at a later date. You may not know the true state of your physical injuries immediately after the accident. You may need to wait and see how your injuries turn out and what physical injuries may occur and what changes you might need to make because of those injuries.
Talk to a pedestrian accident lawyer about this as there is a statute of limitations in place and you don’t want to risk losing the chance to file a claim.
Contact Winters and Yonker Today!
A pedestrian injury lawyer at Winters and Yonker will handle your case on a contingent fee basis. This means that you do not pay our pedestrian accident attorney anything until you win the case or a settlement is reached.
The amount of fee that you will eventually pay to your pedestrian accident lawyer will depend on the complexity of the case and the compensation you end up collecting. Talk to our pedestrian accident lawyer before you jump to any conclusions.
Sometimes, accident victims are stressed out because of their injuries. They also have to deal with the medical bills that keep piling up and the lost wages that they badly need to make ends meet. At Winters and Yonker, we believe that every accident victim deserves to fight for their rights and that every accident victim must be given the financial support they need during this difficult time.
After all, no pedestrian expects to be hit by someone. However, when they do, their entire life changes. They suddenly find themselves in a situation where their physical health is put at risk and their family is concerned about their stability. If you were injured in a pedestrian-car accident in Tampa or surrounding areas, an experienced Tampa car accident lawyer is here to help you deal with this situation.
Remember, we are not going to demand any fee until we are sure your rights have been fulfilled and that you now have the financial support to put your life back on track. So, whether it is a pedestrian injury lawyer or an aviation accident lawyer, we have experienced lawyers in a wide variety of legal areas that can help you win the compensation you deserve.
If you live in Tampa, Florida and if you were in a pedestrian accident, don’t think that there is no legal course of action that you could undertake to seek justice. Insurance companies may try to put you down. They may even try to convince you that you have no case. But don’t be bothered by these companies.
You should only talk to your accident attorney, and you should base any decisions regarding the legal course of action you intend to take on what they tell you. Don’t be too quick to sign on the dotted line. It is worth keeping in mind that the insurance company is not your friend. It is in your best interest to contact a pedestrian injury lawyer at Winters and Yonker today. Call now and let us help you fight for your rights.