Pedestrian accidents can lead to prohibitive medical bills. If you were the victim of one, a Davenport personal injury lawyer can help you recover damages.
Brooks Law Group has been advocating for accident victims since 1992. If you were injured while crossing the street, a pedestrian accident lawyer in Davenport can help you file a strong claim and obtain the compensation you deserve.
Why Hire a Davenport Pedestrian Accident Lawyer?
A Davenport pedestrian accident lawyer can assist with your case in several important ways.
Specifically, a lawyer can help by:
- Investigating the accident: A lawyer can gather evidence such as police reports, surveillance footage, witness statements, and medical records to establish the cause of the accident.
- Calculating damages: A lawyer can evaluate your medical expenses, lost income, and other losses to determine the full value of your claim.
- Handling insurance companies: A lawyer can negotiate with insurers and protect you from tactics that are designed to minimize or deny your claim.
- Representing you in court: If a fair settlement cannot be reached through negotiations, a lawyer can file a lawsuit and advocate for you in court.
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What Types of Compensation Can You Recover After a Pedestrian Accident?
Several types of damages may be available after a pedestrian accident, including:
- Medical expenses: You can recover compensation for hospital bills, surgeries, medications, rehabilitation, and other medical care related to the accident.
- Lost income: You can pursue compensation for wages you missed out on while recovering and for reduced earning capacity if your injuries affect your ability to work in the future.
- Pain and suffering: You can seek compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Property damage: You can recover the cost of repairing or replacing personal items damaged in the crash, such as phones or clothing.
- Punitive damages: You can recover additional damages if the driver’s conduct was especially reckless or intentional (such as in cases involving drunk driving).
In the event of a pedestrian fatality, you and your family may be able to pursue additional compensation through a wrongful death claim. A pedestrian accident attorney in Davenport can help make sure all of your losses are included in your claim.
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How Long Do You Have to File a Pedestrian Accident Claim in Florida?
According to Florida Statute § 95.11, you typically have two years from the date of a pedestrian accident to file a personal injury lawsuit. If the accident resulted in a fatality, the deadline for filing a wrongful death claim is also generally two years.
Missing the applicable deadline can prevent you from recovering compensation, which is why it’s crucial to reach out to an attorney right away.
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Who is Liable for a Pedestrian Accident?
While negligent motorists are usually at fault for pedestrian accidents, liability depends on the specific facts of the accident and the actions of everyone involved.
Several parties may be held liable for a pedestrian accident, including:
- Negligent drivers: Drivers may be liable if they were speeding, distracted, impaired, or failed to yield to a pedestrian in a crosswalk.
- Employers of commercial drivers: An employer may be responsible if the driver who caused the accident was working at the time of the crash.
- Vehicle owners: The owner of a vehicle may be liable if they allowed someone to drive their car knowing that the person was reckless or unfit to drive.
- Other third parties: In some cases, additional parties such as construction companies or property owners may be liable if hazardous conditions near the roadway played a role in the crash.
Florida follows a modified comparative negligence system, which means that you can only recover compensation for an accident if you are less than 51% at fault for it. In addition, if you are found to be partially at fault, your compensation will be reduced by your percentage of fault.
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Common Causes of Pedestrian Accidents in Davenport
Most pedestrian accidents are caused by preventable driver behavior.
Some of the most common causes include:
- Distracted driving
- Speeding
- Failure to yield at crosswalks
- Running red lights or stop signs
- Impaired driving
- Poor visibility at night
- Unsafe turns at intersections
Drivers have a duty to remain alert and watch for pedestrians, particularly in areas where people frequently walk. When motorists ignore traffic laws or fail to pay attention, they can be held liable for accidents.
Common Injuries in Pedestrian Accidents
Since pedestrians have no physical protection in a collision with a vehicle, the injuries they suffer are often severe.
Common injuries in pedestrian accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal bleeding
- Organ damage
- Severe lacerations
- Pelvic injuries
- Soft tissue injuries
Contact a Pedestrian Accident Attorney in Davenport
Recovering from a pedestrian accident can be a long and difficult process. A Davenport pedestrian accident attorney from Brooks Law Group can help with every part of your personal injury claim and pursue a fair settlement so you can focus on your recovery.
Schedule a free consultation to learn about how you can get justice.
Call or text (800) 529-3030 or complete a Free Case Evaluation form