Pedestrian accidents in Florida are a serious issue, often leaving those involved unsure of the next steps to take. Whether you are the driver or the pedestrian, understanding the legal obligations, insurance requirements, and the rights each party holds is crucial. In this guide, we will explore the key aspects of Florida pedestrian accidents, from determining fault to filing insurance claims, and provide actionable steps to take after an accident.
Pedestrian accident cases often involve complex legal procedures, and failure to follow proper protocols can have lasting consequences. Here’s everything you need to know if you’re involved in a pedestrian accident in Florida.
Who Is at Fault in a Pedestrian Accident?
One of the first and most important questions following a pedestrian accident is: Who is at fault?
In Florida, the determination of fault is not as straightforward as saying the driver is always to blame. While drivers owe a duty of care to pedestrians, fault in an accident is determined by a combination of factors, including the actions of both the driver and the pedestrian leading up to the incident.
Florida follows a system known as comparative negligence, which means that fault can be shared between the parties involved. For example, if a pedestrian was crossing the street outside of a designated crosswalk, they could be found partially at fault, even if the driver was speeding. Fault is assigned as a percentage, and the compensation awarded is reduced by the pedestrian’s percentage of fault.
Key Factors in Determining Fault:
- Was the pedestrian in a marked crosswalk?
- Did the driver have the right of way?
- Was the driver speeding or distracted?
- Was the pedestrian crossing against traffic signals?
Understanding these factors is essential for anyone involved in a pedestrian accident in Florida.
Steps to Take After a Pedestrian Accident
Whether you are the driver or the pedestrian, it’s important to know the proper steps to take immediately after an accident to ensure your legal rights are protected and to minimize potential liability.
- Ensure Safety and Seek Medical Attention
First and foremost, check for injuries. Pedestrian accidents often result in serious injuries, including broken bones, head trauma, and internal injuries. If you or anyone else is injured, call 911 immediately to request medical assistance. Even if injuries appear minor, it’s essential to seek medical evaluation, as some injuries may not be immediately apparent. - Contact the Authorities
Call the police to report the accident, as having an official report on record is vital. The police will document the scene, interview witnesses, and provide a detailed report which can later serve as key evidence in determining fault and liability. - Document the Scene
If it is safe to do so, gather evidence at the scene. Take photographs of the area, including the position of the vehicle and the pedestrian, traffic signals, crosswalks, and any visible injuries. This documentation can be invaluable when filing an insurance claim or personal injury lawsuit. - Exchange Information
Make sure to exchange contact and insurance information with all parties involved. If there are any witnesses, get their names and contact information as well. Their testimony may be critical in corroborating your version of events.
- Notify Your Insurance Company
If you are the driver, you will need to notify your insurance company of the accident, even if you believe the pedestrian was at fault. Failure to report an accident can lead to complications with your coverage and potential penalties. If you are the pedestrian, you should also contact your own insurance provider, as Florida’s Personal Injury Protection (PIP) insurance may cover some of your medical expenses.
Filing an Insurance Claim After a Pedestrian Accident in Florida
In Florida, both drivers and pedestrians are covered under the state’s no-fault insurance laws, meaning each party’s insurance is responsible for their initial medical expenses, regardless of who was at fault.
Pedestrian Insurance Coverage
Pedestrians are typically covered under their own Personal Injury Protection (PIP) insurance. PIP insurance will cover 80% of medical expenses and 60% of lost wages up to $10,000. If the pedestrian does not have PIP coverage (for example, if they don’t own a vehicle), they may be covered under the driver’s PIP insurance or through another avenue.
Filing a Claim as a Driver
As a driver, you should file a claim with your insurance company as soon as possible. Provide them with all the details of the accident, including the police report, any photos you took, and contact information for witnesses. Be truthful and cooperate fully, as failure to do so could complicate the claims process.
Florida Pedestrian Accident Laws and Legal Procedures
Navigating Florida’s legal system after a pedestrian accident can be daunting. Florida pedestrian accident laws cover a range of issues, from determining fault to legal responsibilities and compensation. Understanding these laws is critical for ensuring that your rights are protected.
Pedestrian Right of Way
Under Florida law, pedestrians have the right of way in crosswalks, and drivers are required to yield to them. However, pedestrians also have an obligation to follow traffic signals and use marked crosswalks. A violation of these rules can reduce or eliminate the pedestrian’s right to compensation.
Legal Obligations for Drivers
Drivers in Florida are obligated to exercise caution and be on the lookout for pedestrians, particularly in high-traffic areas and near crosswalks. Failure to do so can result in liability for the accident, even if the pedestrian was partially at fault. In some cases, drivers can face criminal charges if the accident resulted from reckless or negligent behavior, such as driving under the influence or excessive speeding.
Common Injuries in Florida Pedestrian Accidents
Pedestrian accidents often result in severe injuries due to the vulnerability of those on foot compared to drivers inside vehicles. Some of the most common injuries include:
- Broken bones: Arms, legs, and ribs are often fractured upon impact.
- Head injuries: Traumatic brain injuries (TBIs) are particularly concerning as they may have long-term consequences.
- Spinal injuries: Damage to the spine or neck can lead to permanent disability.
- Internal injuries: These may not be immediately apparent but can be life-threatening if left untreated.
Given the severity of these injuries, it’s crucial for victims to seek immediate medical attention and follow all prescribed treatment plans. Not only is this essential for health reasons, but it also establishes a clear medical record, which will be necessary for any personal injury claims.
Legal Rights and Compensation for Pedestrian Accident Victims
Pedestrians injured in an accident may be entitled to compensation for their injuries. Compensation can cover:
- Medical bills: Including current and future medical expenses related to the accident.
- Lost wages: For time missed from work due to injuries.
- Pain and suffering: Compensation for physical and emotional distress caused by the accident.
To receive compensation, pedestrians may file a personal injury claim against the driver. However, the success of the claim will depend on proving that the driver was at fault and that the pedestrian’s injuries were a direct result of the accident.
Contact Gonzalez & Cartwright, P.A. Today
If you’ve been involved in a pedestrian accident in Florida, whether as a driver or a pedestrian, navigating the legal and insurance processes can be overwhelming. Given the complexities of Florida’s comparative negligence laws and insurance requirements, it’s highly recommended that you seek legal assistance. A qualified personal injury attorney can help you understand your rights, determine the best course of action, and ensure that you receive the compensation you deserve.
Contact a personal injury lawyer today to discuss your case and protect your rights.