Unfortunately, pedestrian-related accidents are on the rise and pose a substantial concern, including in Florida. They occur frequently in the Daytona metro area, especially along busier roads, and the area is historically ranked among the most dangerous for pedestrians and bicyclists.
If you suffered injuries and losses because of a reckless driver, you have the right to seek a settlement. Call your local injury attorneys at Rue & Ziffra today to schedule a free consultation with a Port Orange pedestrian accident lawyer and review your case.
Pedestrian accidents often stem from the same factors as other auto accidents, but heavier traffic congestion increases the likelihood of these incidents. Common causes include:
Pedestrian-related factors can also play a part, such as crossing against signals and jaywalking. People on foot should also avoid distractions and intoxication, as these actions increase the risks. Our Port Orange pedestrian accident attorney can answer your specific questions and help determine the best course of action during a free initial consultation.
If a reckless and negligent driver caused an accident while you were on foot, you may have grounds for a personal injury lawsuit. Florida is a no-fault insurance state, which means that if you have a car and auto insurance, you contact your provider and collect a payout under Personal Injury Protection (PIP) first.
PIP covers medical bills and lost salary up to your policy limit, regardless of who caused the accident. PIP coverage has limits, and if your injuries are severe and exceed the limits, you may pursue a settlement from the careless driver. That requires preparing the case and initiating legal action in civil court.
Filing a lawsuit requires complying with the statutory rules, such as the statute of limitations, and showing that the driver is liable for negligence. Under Florida Statutes § 95.11, the deadline for filing the suit is two years in most cases for vehicle-related claims. There may be exceptions in specific circumstances, and our knowledgeable pedestrian accident lawyer in Port Orange can review the statutes in detail during your consultation.
Proving liability requires investigating to gather the essential evidence to build a strong case that proves each element of negligence. Winning a settlement requires showing the court that each necessary component exists. That includes the driver owing you a legal duty of care, such as obeying traffic laws and staying alert for pedestrians, and the driver breaching that obligation, like failing to follow the traffic laws.
The case must also prove that their breach caused a preventable accident and that you suffered injuries as a result of it. Lastly, you need evidence of your damages, such as bodily injuries, emotional distress, and pain and suffering. Evidence may include police officer reports, documentation verifying their traffic violation, witness statements, and medical records.
Pedestrian accidents can have catastrophic outcomes, and you have the right to hold the responsible driver financially accountable. Despite efforts from state governments and safety organizations to raise awareness, the number of incidents continues to rise, making it a serious public safety concern.
Our seasoned Port Orange pedestrian accident lawyer can answer your questions, provide support and guidance, and help you through each step of the process. Call Rue & Ziffra now to schedule your free case review and learn more.
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