Florida's Comparative Negligence Laws

The damages in a pedestrian accident claim are typically awarded according to the rule of comparative negligence. If the driver can be demonstrated to be 100% at fault for the accident, you may be awarded full damages, while if your own negligence is seen to be the partial cause of the accident you will receive a reduced award of damages.

Common examples of driver actions which lead to pedestrian injury include:

• Failure to yield at intersections and crosswalks
• Pulling too quickly out of blind driveways
• Distracted driving, such as texting.
• Drunk driving accidents cause a large percentage of pedestrian injuries, including situations where the driver swerves off the road or runs a red light.

No matter the reason for your injuries, it’s important to seek legal help as soon as possible.

Statute of Limitations for Pedestrian Accidents in Florida

For pedestrian accidents, the statute of limitations is typically four years from the date of the accident. This means that if you are involved in a pedestrian accident in Jacksonville, you have four years from the date of the accident to initiate a legal claim.

However, there are certain exceptions and nuances that could potentially alter this timeframe, depending on the circumstances of your case. For example, if the injury involves a government entity (e.g., a road defect caused by the government), you may have a shorter time limit to file a claim, often as little as three years. In cases involving minors or incapacitated individuals, the statute of limitations may be extended.

Therefore, it is important to consult a Jacksonville pedestrian injury lawyer as soon as possible to ensure that you meet all necessary deadlines and preserve your legal rights.

What Should a Victim Do After a Pedestrian Accident?

After being involved in a pedestrian accident, there are several important steps you should take to protect your health, legal rights, and ability to pursue compensation. Here’s an outline of the process to follow:

• Seek Medical Attention Immediately: Even if your injuries seem minor, it is important to seek medical attention immediately after the accident. Prompt medical attention also creates a record of your injuries, which is crucial for your personal injury case.
• Report the Accident to Law Enforcement: If the accident was not witnessed by a police officer, you should call the police to report it. The officer will create an accident report, which will be essential in determining liability and providing evidence for your case. Be sure to get a copy of the report for your records.
• Gather Evidence at the Scene: If you are physically able and it is safe to do so, gather as much evidence as possible at the accident scene. This could include taking photographs of the accident site, your injuries, vehicle damage, traffic signs, and other relevant details, obtaining contact information from any witnesses, and recording the driver’s information.
• Contact a Local Pedestrian Accident Lawyer: It’s essential to consult with a qualified Jacksonville pedestrian accident attorney as soon as possible. An experienced lawyer will understand the nuances of personal injury law in Florida and will be able to protect your rights throughout the entire legal process.
• File an Insurance Claim: In many pedestrian accident cases, the first step to securing compensation is to file a claim with the at-fault driver’s insurance company. Your pedestrian accident lawyer will help you with this process, ensuring that you submit all the necessary documentation and evidence to support your claim.
• Consider Settlement vs. Litigation: Most pedestrian accident cases are settled without going to trial. However, if the insurance company offers an inadequate settlement or refuses to offer a fair amount, your attorney may recommend taking the case to court. Florida allows victims of pedestrian accidents to file a lawsuit to seek compensation for their injuries, and a skilled lawyer can effectively represent you in a trial.
• Prepare for Court (If Necessary): If a settlement cannot be reached, your case may proceed to court. In this situation, your Jacksonville pedestrian collision attorney will help prepare a strong case to present to a judge or jury.

The trial process can take time, but your lawyer will guide you through each step, ensuring that you understand your options and that your rights are protected.

Contact a Jacksonville Pedestrian Accident Attorney – Pick Porter!™

Pedestrians are exposed to an extreme risk of physical harm in an accident, as they have absolutely no protection. If you suffered any type of spinal cord injury or brain injury, you may be faced with a difficult period of recovery or full or partial disability. Perhaps you lost a family member in a pedestrian accident and now want to pursue a wrongful death lawsuit. No matter what type of injuries and losses you have suffered, you should not be forced to pay the price for the driver’s negligence.

Call today to schedule a free consultation with a Jacksonville pedestrian accident lawyer at our firm.