Spring Hill Pedestrian Accident Lawyer

Florida is one of the most hazardous places for pedestrians. According to the Florida Highway Safety and Motor Vehicles, there were 10,235 pedestrian accidents in 2023 alone, resulting in 769 pedestrian deaths (FLHSMV). In Spring Hill, Florida, with its bustling streets and active community life, pedestrian accidents are an unfortunate reality.

These incidents can have devastating consequences, causing catastrophic injuries, such as brain or spinal cord injuries that lead to permanent disabilities requiring ongoing care and support. The aftermath of such accidents is often a daunting maze of medical bills, rehabilitation sessions, and uncertain futures, where every step forward feels like an uphill battle.

At Kogan & DiSalvo, we recognize the impact pedestrian accidents can have on victims and their families. If you were injured in a pedestrian accident at the hands of a negligent party, contact a dedicated Spring Hill personal injury lawyer to schedule a free consultation and learn how we can help you.

What Causes Pedestrian Accidents?

When you are out for a walk or jog, following pedestrian safety guidelines should be second nature. However, no amount of caution can shield you from the unexpected threat of a distracted driver speeding toward you. Whether you are crossing an intersection with the right of way or walking a sidewalk, the sudden intrusion of a driver who is not paying attention can pose a serious threat.

The following actions typically play a role in causing most pedestrian accidents:

• Distracted Driving
• Failure to Yield
• Speeding
• Driving While Intoxicated
• Failure to Obey Traffic Signals

In those distressing moments, you could be contending with injuries that disrupt your life and aspirations. Thus, seeking legal recourse is critical in holding negligent parties accountable for your suffering.

Florida Pedestrians Laws

While pedestrians are defined as anyone “afoot,” it does not automatically grant them the right of way in all situations. In Florida, pedestrians typically have the right of way in the following circumstances:

• Crosswalks: If a pedestrian was struck while legally crossing the street within a marked or unmarked crosswalk, they typically have the right of way. This can strengthen their case by establishing that they were following traffic laws and exercising due caution.

• Intersection with Traffic Signals: Similarly, if the pedestrian was hit while crossing at an intersection with traffic signals or pedestrian crossing signals, their right of way is established by the pedestrian signal indicating it was safe to cross. This can support their claim that they were acting lawfully and responsibly at the time of the accident.

• Sidewalks: If the pedestrian was walking on a sidewalk or designated pedestrian path and was hit by a vehicle entering or exiting a driveway, alley, or parking lot, the driver may be at fault for failing to yield to pedestrians. This can be important evidence in demonstrating negligence on the part of the driver.

In a personal injury case, establishing liability is crucial for determining compensation for the injured party. If the pedestrian can demonstrate that they were following pedestrian laws and had the right of way at the time of the accident, it can significantly strengthen their case.

An experienced personal injury attorney will assess the factors, gather evidence, and build a strong case on behalf of the injured pedestrian to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.

What To Do After Being Involved in a Pedestrian Accident

A pedestrian struck by a negligent driver can have their life changed in an instant. If you find yourself involved in a pedestrian accident, the actions you take afterward are crucial for protecting both your health and your legal rights. Here is what to do:

• Call for Help: Dial 911 to report the accident and request medical assistance. The police will also need to be notified to document the incident.

• Exchange Information: Obtain the driver’s name, contact information, insurance details, and vehicle license plate number.

• Gather Evidence: If possible, take photos of the accident scene, including the position of vehicles, any visible injuries, road conditions, traffic signs, and signals.

• Seek Medical Evaluation: Even if you do not believe you are seriously injured, it is essential to undergo a thorough medical evaluation. Some injuries, such as concussions or internal bleeding, may not show symptoms immediately.

• Preserve Evidence: Save all documents related to the accident, including medical bills, receipts for out-of-pocket expenses, and correspondence with insurance companies.

• Call a Florida Pedestrian Accident Lawyer: After ensuring your immediate safety, seeking legal guidance can make all the difference in the outcome of your case. Engaging with a pedestrian accident lawyer quickly can help you avoid costly mistakes that might jeopardize your case if you decide to file a claim against the driver.

Types of Compensation Available You May Be Able to Receive

If you have been injured in a pedestrian accident due to someone else’s negligence, you may be entitled to several types of compensation to help you recover and rebuild your life. Every pedestrian accident is different, and the injuries, losses, and impacts experienced by each person can vary significantly.

Here are some of the types of compensation that may be available to you:

• Medical Expenses: Coverage for all medical costs related to the accident.

• Lost Wages: This iscompensation for any income lost due to missed work resulting from the accident, including potential future earnings if you suffer permanent injuries or a disability.

• Pain and Suffering: Damages for the physical pain, emotional distress, and mental anguish endured because of the accident, including anxiety, depression, and post-traumatic stress disorder (PTSD).

• Property Damage: You may be eligible forreimbursement for the damage done to personal property, such as clothing and accessories.

• Wrongful Death: If you have lost a family member in a pedestrian accident due to someone else’s negligence, our attorneys can help you file a wrongful death claim. We will work hard to hold the parties responsible accountable and secure compensation for funeral expenses, medical bills, lost income, and the emotional suffering of the surviving family.

An experienced pedestrian accident lawyer in Spring Hill can thoroughly evaluate your case, identify all potential damages, and work to ensure you receive the full and fair compensation you are entitled to.

How Can Modified Comparative Negligence Affect Your Florida Pedestrian Accident Case?

Florida operates under a Modified Comparative Negligence system, meaning an accident victim will be unable to collect any damages if his/her fault hits a certain level. In Florida, if it is deemed that they are more than 50% at fault for the accident then they are barred from pursuing a claim and receiving any compensation.

Let us say a pedestrian was jaywalking, texting, or wearing headphones at the time of the incident, the defendant may use this information against them. They may claim that the pedestrian’s actions contributed to the accident and therefore reduces their liability for damages.

They could also make up false stories to downplay their role. For example, they might claim the pedestrian was distracted even if they were not. Having solid evidence and a good lawyer is crucial in such cases. Witnesses, videos, and experts can help prove what really happened. With the right support, you can fight against these claims and get the compensation you deserve for your injuries.

How a Spring Hill Pedestrian Accident Lawyer Can Help

Navigating the complexities of the legal system alone can be overwhelming. Therefore, you need a staunch legal ally on your side.

Here is how our experienced team of pedestrian accident lawyers can assist you:

• Investigation: We will gather evidence, consult experts, and reconstruct events to build a compelling case on your behalf.

• Negotiation: Dealing with insurance companies can be intimidating, but we will be your voice in the room, fiercely advocating for your rights and negotiating tirelessly to ensure you receive the compensation you deserve.

• Litigation: If negotiations fail to produce a satisfactory outcome, we are prepared to represent you in court.

With our team by your side, we are committed to proving that you were not at fault for the accident and striving to secure the highest possible settlement for your injuries and damages. You can rely on us to provide compassionate support and dedicated advocacy every step of the way.

You should act quickly as you generally only have a two-year window from the accident date to file a claim. Delaying could forfeit your right to compensation.

Healing Begins with Taking Action. Call Kogan & DiSalvo today.

If you are grappling with the aftermath of a pedestrian accident, know that you do not have to face it alone. Our team is here to support you and fight for the justice you deserve. What’s more, we operate on a contingency fee basis, meaning you will not owe us anything until we secure a favorable outcome for your case. So, let us fight for you, while you focus on your recovery.

For a complimentary case evaluation, do not hesitate to reach out to a Spring Hill pedestrian accident lawyer at Kogan & DiSalvo today.