Florida is one of the most dangerous states for pedestrian accidents. Pedestrian accidents are extremely common and can cause serious life-changing injuries. Pedestrian accidents can be some of the worst types of traffic accidents because pedestrians don’t have the same protection that drivers have. They have no outside protection and the impact of a car can cause serious life-threatening injuries. If you or a loved one has been in a pedestrian-related auto collision, reach out to an experienced Port St. Lucie Pedestrian Accident Lawyer who can help you get fair compensation for your injuries.
Who is Considered a Pedestrian in Florida?
In Florida, anyone “afoot” is considered to be a pedestrian. This includes anyone who is walking, running, skateboarding, roller skating, or in a wheelchair. Pedestrians are typically defined as anyone who is not in or operating a vehicle. Pedestrians are at a greater risk for serious injuries because they don’t have any protection. Pedestrians are expected to exercise reasonable care and proceed with caution in traffic situations. Pedestrians should always be aware of their surroundings.
What Happens if the Pedestrian and the Driver Are at Fault?
When an accident occurs, after seeking medical attention, you will need to determine who is at fault for the collision. Florida follows the pure comparative negligence rule. This rule allows the victim to recover damages even if they are at fault for the accident that caused their injuries. For instance, if the victim was assigned 85% fault for the accident, they can still recover 15% of the damages assessed from the defendant. This also allows the defendant to reduce what they owe in damages for an accident they are only partially responsible for causing.
What is the statute of Limitations for Pedestrian-related Accidents?
Under Florida law, if you have been injured in a pedestrian-related auto accident, you have four years from the date the injury occurred to make a claim. If you fail to file an injury lawsuit in Florida within this period, you will be barred from ever filing one. Although, if someone has died due to a pedestrian-related auto accident, their family has two years from the date the victim died to file a wrongful death case against the accused driver. It is always best to act quickly and consult with an attorney. Our dedicated St. Lucie County Personal Injury Lawyer can help you claim within the required timeframe to ensure you have a chance to recover damages for your injuries.
Contact our experienced Port St. Lucie Firm
Here at The Florida Personal Injury Law Team, we understand the detrimental effects that an injury can have on an individual and his or her family. Contact us today for help.