A pedestrian accident can be overwhelming and leave victims with many questions about their rights, responsibilities, and the claims process. At Gonzalez & Cartwright, P.A., we understand how important it is to get clear, reliable answers during this challenging time. This FAQ provides detailed insights into common concerns, from determining fault to securing compensation, so you can make informed decisions about your case. If you need further assistance, our experienced attorneys are here to help.

What Should I Do Immediately After a Pedestrian Accident?

After being involved in a pedestrian accident, taking the right steps can make a significant difference in your recovery and the outcome of any potential claim. Here’s a detailed breakdown of what to do:

1. Ensure Your Safety
   Move to a safe area away from traffic if you can do so without worsening your injuries. If you are unable to move, remain still and wait for help.
2. Call for Help
   Dial 911 to report the accident. Request emergency medical services if you or anyone else involved has sustained injuries. The police will create an official accident report, which is critical for insurance claims and legal proceedings.
3. Document the Scene
   • Take photographs of your injuries, the accident scene, the vehicle involved, and any visible traffic signs or signals.
   • Capture the license plate number of the vehicle and any driver-related information.
   • Note road conditions, lighting, and weather, as these details could affect liability.
4. Gather Witness Information
   Speak to any witnesses present and record their names, phone numbers, and a brief summary of what they saw. Witness statements can provide key evidence if fault is disputed.
5. Seek Medical Attention Immediately
   Even if you feel fine, some injuries (like concussions or internal bleeding) may not present symptoms immediately. Prompt medical evaluation ensures proper diagnosis, treatment, and documentation of injuries.
6. Avoid Speaking to Insurance Adjusters Without Legal Representation
   Insurance companies may attempt to settle quickly for less than you deserve. Do not accept any offers or give recorded statements without speaking to a lawyer.
7. Contact Gonzalez & Cartwright, P.A.
   Our team of experienced attorneys will protect your rights, gather evidence, and help you navigate the claims process to ensure you receive fair compensation.

Taking these steps can make a significant difference in your physical recovery and legal case.

How Is Fault Determined in a Pedestrian Accident?

Fault determination in a pedestrian accident involves careful examination of the facts, laws, and evidence surrounding the incident. At Gonzalez & Cartwright, P.A., we use a comprehensive approach to identify who is responsible.

Key Factors for Determining Fault

Driver Negligence
Drivers are often at fault when they fail to:

• Obey traffic signals or stop signs.
• Yield to pedestrians at marked or unmarked crosswalks.
• Avoid distractions like texting, talking on the phone, or adjusting navigation systems.
• Drive responsibly in adverse weather conditions or poorly lit areas.

Pedestrian Behavior
While drivers are typically held to a higher standard of care, pedestrians may also contribute to an accident by:

• Jaywalking or crossing against traffic signals.
• Failing to use marked crosswalks.
• Walking in prohibited areas, such as highways.

Comparative Negligence in Florida
Under Florida’s comparative negligence laws, even if a pedestrian is partially at fault, they can still recover compensation. For example, if a pedestrian is found 20% responsible for an accident, they can still receive 80% of the total compensation.

Evidence Collection
Our team gathers evidence to build a strong case:

• Police reports and accident reconstructions.
• Surveillance footage and photographs of the scene.
• Eyewitness testimony.
• Expert analysis of driver behavior and pedestrian movements.

With our thorough approach, Gonzalez & Cartwright, P.A. ensures that fault is accurately determined and liability is assigned to the responsible party.

What Compensation Can I Recover in a Pedestrian Accident Claim?

If you or a loved one has been injured in a pedestrian accident, you may be entitled to various forms of compensation to cover your losses and expenses.

1. Medical Expenses

• • Immediate medical costs: Emergency room visits, diagnostic tests, and surgeries.
  • Ongoing treatment: Physical therapy, rehabilitation, and specialist care.
  • Prescription medications and assistive devices (e.g., wheelchairs or crutches).
  • Future medical expenses for long-term injuries or permanent disabilities.

2. Lost Wages and Loss of Earning Capacity

• • Compensation for time missed from work due to injuries.
  • Loss of future income if the injuries impact your ability to return to work or perform your usual job duties.

3. Pain and Suffering

• • Compensation for physical pain, emotional distress, and mental anguish caused by the accident.
  • Damages for loss of enjoyment of life due to permanent disability, scarring, or disfigurement.

4. Property Damage
   Reimbursement for any personal property damaged in the accident, such as phones, clothing, or accessories.
5. Wrongful Death Compensation (if applicable)
   If a pedestrian accident results in a fatality, surviving family members may file a wrongful death claim to recover funeral expenses, loss of companionship, and other damages.

At Gonzalez & Cartwright, P.A., our goal is to ensure that every aspect of your injury and suffering is accounted for, securing the maximum compensation you deserve.

Why Should I Hire a Pedestrian Accident Lawyer?

Handling a pedestrian accident claim on your own can be overwhelming, particularly when recovering from injuries. Hiring Gonzalez & Cartwright, P.A. offers key benefits:

1. In-Depth Legal Knowledge
   Our attorneys understand the complexities of pedestrian accident claims and Florida personal injury laws, ensuring no detail is overlooked.
2. Strong Evidence Collection
   We gather police reports, medical records, accident reconstruction data, and expert testimony to support your claim.
3. Negotiation with Insurance Companies
   Insurance adjusters often aim to minimize payouts. We negotiate aggressively to ensure you receive full and fair compensation.
4. Litigation Support
   If a settlement cannot be reached, our attorneys are prepared to take your case to court and fight for justice.
5. Contingency Fees
   You pay nothing upfront—our fees are only collected if we win your case.
6. Bilingual Representation
   We offer services in both English and Spanish to ensure clear communication with all clients.

With Gonzalez & Cartwright, P.A. on your side, you can focus on healing while we handle the legal complexities.

How Long Do I Have to File a Pedestrian Accident Claim in Florida?

Florida law imposes strict deadlines for filing pedestrian accident claims. These deadlines are as follows:

1. Personal Injury Claims: You have four years from the date of the accident to file a claim.
2. Wrongful Death Claims: If the accident resulted in a fatality, family members have two years from the date of death to file a wrongful death lawsuit.
3. Government Claims: If the accident involves a government entity (e.g., defective sidewalks or poor signage), the timeline may be shorter, and additional requirements may apply.

Failing to file within these deadlines can result in the loss of your right to pursue compensation.

How Can Comparative Negligence Affect My Claim in Florida?

Under Florida law, comparative negligence allows accident victims to recover compensation even if they are partially at fault. However, the amount you recover will be reduced based on your percentage of fault.

Example:
If your total damages are $100,000, but you are found 20% at fault, your compensation will be reduced to $80,000.

Common Scenarios Where Comparative Negligence Applies

1. Crossing Outside a Crosswalk
   If a pedestrian crosses where no crosswalk exists but the driver was speeding, fault may be shared.
2. Distracted Pedestrian
   If a pedestrian is looking at their phone and steps into traffic, they may be found partially liable.
3. Poor Visibility
   If the pedestrian was wearing dark clothing at night, contributing to the accident.

At Gonzalez & Cartwright, P.A., we gather evidence to reduce your percentage of fault and maximize your recovery.

What Happens if a Pedestrian Accident Results in Wrongful Death?

If a pedestrian accident leads to a fatality, surviving family members may file a wrongful death claim to recover damages. At Gonzalez & Cartwright, P.A., we provide compassionate and diligent representation to grieving families.

Who Can File a Wrongful Death Claim? Spouse, children, parents, or dependents of the deceased.

What Damages Can Be Recovered?

1. Funeral and Burial Costs: Expenses associated with laying your loved one to rest.
2. Loss of Financial Support: Compensation for income the deceased would have earned.
3. Loss of Companionship and Guidance: For the emotional suffering endured by family members.
4. Medical Expenses: Costs for care provided before the victim’s passing.

Our team understands the emotional toll of losing a loved one and fights tirelessly to secure justice and financial support for families.

What If the Driver Was Uninsured or Underinsured?

Dealing with an uninsured or underinsured driver can complicate pedestrian accident claims, but you still have options:

1. Uninsured/Underinsured Motorist (UM/UIM) Coverage
   If you have this coverage through your auto insurance policy, it can provide compensation even if the at-fault driver lacks sufficient insurance.
2. Personal Injury Protection (PIP)
   Florida law requires PIP coverage, which can help cover medical bills regardless of fault.
3. Third-Party Liability
   If a third party (e.g., a construction company or property owner) contributed to unsafe conditions that caused the accident, they may be held liable.

At Gonzalez & Cartwright, P.A., we explore all possible avenues for compensation to ensure you are not left with financial burdens.

How Do Pedestrian Accident Cases Differ from Other Personal Injury Claims?

Pedestrian accident cases are unique compared to other personal injury claims because of the following factors:

1. Severity of Injuries
   Pedestrians have little to no protection in accidents, often leading to more severe injuries compared to vehicle occupants.
2. Higher Medical Costs
   Extended hospital stays, surgeries, and rehabilitation are common, increasing claim value.
3. Fault Complexity
   Determining liability involves analyzing both driver and pedestrian behavior, traffic laws, and comparative negligence.
4. Insurance Challenges
   Pedestrian accidents often involve multiple insurance policies, including PIP, bodily injury coverage, and UM/UIM policies.

At Gonzalez & Cartwright, P.A., we leverage our expertise to address these unique challenges, ensuring you receive the compensation you deserve.

Contact Gonzalez & Cartwright, P.A. for Expert Legal Help

If you’ve been injured in a pedestrian accident, taking quick action is essential to securing the compensation you deserve. The experienced attorneys at Gonzalez & Cartwright, P.A. are ready to fight for you. Contact us today to schedule a free consultation and let us guide you every step of the way.