Florida is one of the most dangerous states for pedestrians when it comes to auto accidents. According to the Florida DHSMV, in 2017, there were over 9,000 pedestrian auto accidents and over 600 pedestrian fatalities.
As a pedestrian you have legal rights, and it’s important to understand what these rights are, and what course of action you need to take if you’ve been in a pedestrian auto accident.
Timelines for filing a case
Each state has specific statutes of limitation (time limits for charges) that have to be followed when it comes to filing a case. If you’ve been in an accident as a pedestrian in Florida you have four years from the date of the injury to bring forward a case, and two years for wrongful death. It’s important to follow these timelines because if you don’t you lose the right to file.
Recoverable damages in pedestrian auto accidents
Several damages are recoverable in pedestrian auto accident cases, and it of course, depends on the case. These recoverable damages include:
- medical expenses and the cost of future medical care
- scarring and disfigurement
- lost earnings and potential earnings
- general damages for pain, suffering and emotional distress
- funeral expenses
In Florida, Personal Injury Protection (PIP), which is covered by the driver’s insurance company, pays up to $10,000 of the pedestrian’s medical bills. But, injuries suffered in an accident can easily far surpass these costs. A personal injury attorney like Peter Porcaro can help you negotiate for a larger settlement to cover damages.
Qualifying for a claim
For a pedestrian to recover damages from a pedestrian auto accident, the driver must have been negligent, meaning they must have been careless. The pedestrian must also prove that their physical injuries or pain and suffering damages are a result of the accident.
Navigating this process is cumbersome, not to mention confusing. A qualified personal injury attorney like Peter Porcaro can help you understand if you qualify, and what course of action needs to be taken to ensure you get the compensation you deserve.
Working with an attorney
With pedestrian auto accidents, there are many governing laws that need to be considered in a case. It’s essential that you work with an attorney where you feel confident knowing that your rights are protected and the responsible parties are held liable for their actions.
Our purpose at Porcaro Law Group is simple. We are here to help victims and their loved ones receive the compensation they deserve. If you or a loved one have been in a pedestrian accident call or email us today to start a conversation.