What to Do After a Pedestrian Accident in Florida
Have you been the victim of a pedestrian accident in Florida? There are steps you should take to protect both your health and your legal rights. The most important thing is to seek medical attention. Either request emergency medical attention at the scene, go to an emergency room or visit your doctor as soon as possible. Injuries may take days or even weeks to manifest symptoms. But a thorough medical exam can catch conditions that could be life-threatening.
Victims often have a much better prognosis if treatment starts as quickly as possible. This will also undercut any defense that your injuries
- are not as severe as you claim
- or had other causes apart from the pedestrian accident.
As soon as possible after the accident, you (or someone on your behalf) should try to take photos of the accident scene. Photos may be critical to proving fault in the accident. Try to capture details such as:
- traffic signs and controls
- crosswalks
- and skid marks.
You should contact your auto insurance company, if you have one, after a pedestrian accident. You may be entitled to benefits under your auto insurance policy, such as personal injury-related coverage and, depending on the circumstances, uninsured/underinsured motorist coverage.
Most importantly, you should speak with a knowledgeable pedestrian accident attorney as soon as possible. Retaining an attorney to represent you may be vital to maximizing your financial compensation.
Talk to a skilled pedestrian accident lawyer about your legal rights now.
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Compensation for Pedestrian Accident Victims
Compensation for pedestrian accident victims generally falls into two categories:
- economic damages
- and non-economic damages.
Economic damages compensate a Florida pedestrian accident victim for out-of-pocket expenses that may include:
- Medical expenses – This consists of compensation for past and future expenses to treat injuries, including hospital stays, doctor’s visits, surgery, prescription medication, physical therapy visits, durable medical equipment, or even alterations to your home to accommodate any disabilities caused by your injuries.
- Lost income – This consists of compensation for income lost due to missed work because of injuries. If a victim is unable to earn the same income they could pre-accident due to their injuries, they may also receive compensation for the difference in income.
- Wrongful death damages – If a relative is killed in a pedestrian accident, their family may be entitled to claim wrongful death damages, which provides compensation for the victim’s lost income contribution to the family, lost companionship and services to the family, and the victim’s funeral expenses.
Non-economic damages are meant to compensate an injured pedestrian for damages that cannot be readily calculated from bills and invoices, such as:
- Pain and suffering – This includes compensation for a victim’s physical and emotional or mental distress caused by the accident and any resulting injuries, and for any loss of quality of life or inability to participate in activities.
- Loss of consortium – This consists of compensation to a victim’s spouse and immediate family for the loss of the victim’s companionship, society, and service caused by his or her injuries or death from the pedestrian accident.
In rare cases involving intentional or wantonly reckless conduct by the at-fault driver, you might be able to seek extra compensation known as punitive damages.
Understanding Your Insurance Coverage
Unfortunately, in many pedestrian accidents, the at-fault driver lacks enough insurance coverage to pay for all the injured pedestrian’s medical expenses or lost wages. In some cases, the driver may not have any insurance at all or may have fled from the scene.
In these cases, the injured pedestrian may be entitled to look to their own automobile insurance policy for coverage. In Florida, auto insurance companies are required to offer their customers underinsured motorist (UIM) coverage and uninsured motorist (UM) coverage. This coverage is available on every policy unless the policyholder makes a written rejection of coverage.
UIM motorist coverage is available when the at-fault driver has too little insurance coverage to pay for all your losses. UM coverage is available when the at-fault driver is uninsured or the accident was caused by a hit-and-run driver.
Common Injuries in Pedestrian Accidents
Given the massive force often exerted on a pedestrian’s body by vehicles during accidents, victims can suffer a wide variety of serious injuries. Some of the more common injuries in pedestrian accidents include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (including paralysis)
- Neck and back injuries
- Herniated discs
- Broken bones (particularly the arms, legs, hands, as well as skull fractures)
- Road rash, lacerations, and scarring
- Internal organ damage and bleeding
- Amputations
- Nerve damage
Recovery from life-changing injuries suffered in pedestrian accidents is often a long, complicated process that involves extensive and costly medical treatment. If your accident was caused by someone else, you should not have to shoulder the financial burden on your own. Contact a pedestrian accident lawyer to discuss your right to compensation.
