In a collision between a motor vehicle and a pedestrian, the person on foot often suffers serious or even life-threatening injuries. If you were hit by a car, you may be facing steep medical bills on top of needing to take time off of work while you heal.
However, there are options for holding the negligent driver accountable and recovering compensation for your losses. Speak to a Miami pedestrian accident lawyer at Redondo Law about your case. In a consultation, an experienced attorney can assess your situation at no cost to you and help determine a strategy moving forward.
Laws for pedestrians in Miami
Both drivers and pedestrians are held to certain standards when they take to the road. Drivers are expected to uphold a general duty of care to maintain the safety of everyone around them. A violation of this duty through negligent or reckless behavior can result in serious accidents.
However, pedestrians must also abide by Florida’s laws. Florida Statute § 314.130 and its subchapters elaborate on these obligations. For example, pedestrians must obey all traffic control signals and crosswalks and engage in “reasonable” behavior. Failure to abide by these rules could result in partial liability and reduced compensation for a pedestrian after an accident. A knowledgeable local attorney can further explain the relevant pedestrian laws and help contest any allegations of partial fault on behalf of an injured victim.
Shared responsibility for pedestrian accidents
Florida operates on a policy of shared responsibility, which is also known as comparative negligence. As such, each party involved in a vehicle vs. pedestrian collision may be assigned a percentage of the blame for that accident. This means that victims can be held accountable for their own injuries, such as if the pedestrian was deliberately reckless or antagonistic.
Pedestrians who have been assigned blame but still wish to seek compensation for their losses still have the right to do so. However, they can only receive compensation up to the percent of fault assigned to other parties.
For example, say a pedestrian and a motor vehicle driver get into an accident. The parties’ insurance companies determine that the driver merits 60 percent of the blame, while the pedestrian is 40 percent at fault. The pedestrian may still take the driver to civil court, but they may only receive 60 percent of whatever compensation they might otherwise have been entitled to because of their own apportioned fault. A skilled pedestrian lawyer at Redondo Law can help ensure that a pedestrian injured in an accident is not unfairly blamed for an accident that wasn’t their fault.
Filing a complaint after a crosswalk collision
Pedestrians filing complaints after an accident involving a motor-vehicle must be thorough, making it important to seek legal counsel from an experienced Miami attorney. Complaints need to contain ample information regarding an accident, including:
- The name of all parties involved
- The location of the accident
- Evidence of reckless behavior or negligence
- The damages suffered by the victim
Injured pedestrians must also provide an estimate of their damages. These damages can include economic and non-economic losses resulting from the accident. Economic damages reflect objective financial losses like medical bills and missed wages, both now and in the future, while non-economic damages compensate for intangible forms of harm like pain and suffering. A Miami pedestrian injury lawyer can elaborate on what damages may be available in your particular case.
Protect yourself with help from a Miami pedestrian accident attorney
Every driver on the road owes pedestrians a duty of care. Violating that duty of care can lead to serious injuries as well as civil liability for any losses suffered by victims.
To learn more about your rights after being hit by a car, meet with a Miami pedestrian accident lawyer. During your free initial consultation, you can discuss the circumstances that led to your accident and learn how to take legal action. Call Redondo Law today to get started.