Can I File a Lawsuit If I Was Hit By A Car While Crossing the Street?
January 20, 2021
While in other parts of the country, walking to and from your destination is primarily reserved for the summer season, in Florida, walking is inherently more common. While walking has many health benefits, it is not without its risk – especially as more and more drivers become engrossed in using their phone to talk and text as they drive their vehicles. In fact, Florida ranked as number two in the nation when it comes to the distracted driving pandemic. While this does pose a significant risk to other motorists on the road, they pose just as much of a risk to pedestrians.
Can Pedestrians Sue A Motorist?
The short answer: yes. However, it’s important to know how the insurance company will attempt to characterize your insurance claim after a pedestrian accident. Just like vehicles, pedestrians are required to follow the law when it comes to road safety. This includes utilizing designated crosswalks when crossing the street.
When it comes to a pedestrian accident, it’s important to prove four things:
- The driver owed you a duty of care
- The driver who hit you was negligent i.e. – speeding, distracted and/or intoxicated at the time of the accident
- You were injured as a direct result of these negligent actions
- Your injuries are able to be compensated, i.e. – you lost wages from being unable to work due to your injury
How Long Do Pedestrians Have to File a Claim in Florida?
In the Sunshine State, pedestrians have four years from the date of the accident to file a personal injury claim. This time frame is known as the statute of limitations. The statute of limitations is very important to adhere to because once it ends, so does your opportunity to pursue compensation.
Contact A Lake Worth Personal Injury Lawyer To Discuss Your Pedestrian Accident Case In Florida
Did you or a loved one sustain serious injuries due to a pedestrian accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Gonzalez & Cartwright, P.A. represent clients injured because of pedestrian accidents in West Palm Beach, Fort Lauderdale, Pembroke Pines, Miramar, and throughout Florida. Call 561-268-0543 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 813 Lucerne Ave., Lake Worth, FL 33460, as well as offices in Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.