What to Do if a Pedestrian Caused an Auto Accident?

If a pedestrian caused an auto accident in South Florida that injured you or a loved one, your first step should be to call the police. The officers will investigate the crash and help you get medical attention at the scene.

Then, it would help if you considered contacting a Fort Lauderdale car accident lawyer to help you determine your claim’s fault and liability. It can be challenging to investigate the collision while recovering from your injuries. However, proving the pedestrian was at fault and deciding where to turn for compensation for your medical bills, lost income, pain and suffering, and other losses are critical to making you whole following an accident

Personal Injury Protection (PIP) Will Cover Your Immediate Expenses and Losses

Regardless of whose negligence caused an auto accident, the personal injury protection (PIP) portion of your insurance policy—required in Florida—will cover specific percentages of your immediate costs. 

Your auto accident attorney will help you tap into your policy to get the following compensation:

• 80% of required medical care
• Up to 60% of your lost wages
• Up to $5,000 in wrongful death benefits
• Treatment-related travel expenses
• Disability benefits

Obtaining PIP benefits has specific requirements, so avoid a delay in getting medical care and track your medical expenses. Start receiving medical care until your physician releases you and collect your pay stubs and direct deposit statements to prove the value of your accident-related lost income.

What to Do if Your Financial Expenses and Losses Exceed Your PIP Coverage

PIP coverage is limited. However, you could sue the at-fault pedestrian if your expenses exceed the $10,000 limit or your injuries meet Florida’s serious injury threshold. A local attorney can help you:

• Identify the pedestrian and any applicable insurance
• File a lawsuit against the pedestrian
• Seek compensation from your insurance provider
• Meet any applicable notification and filing deadlines

Meeting the complex legalities of filing an insurance claim or lawsuit can take time to manage. Instead, have an attorney represent you at each step of the journey and protect your rights as the injured party while holding the at-fault party accountable for their actions. 

Auto Occupants Can Seek Damages for an Auto Accident Caused by a Pedestrian

Florida law allows you to seek financial compensation from the at-fault pedestrian. To fight for maximum recovery, your lawyer will help you collect evidence that supports your tangible and intangible damages. Financial recovery can include the following:

• Economic damages: Current and future medical bills, rehab and therapy bills, current and future lost income, loss of future earning potential, and property damage, destruction, and diminished value.
• Noneconomic damages: Temporary and permanent disabilities and disfigurement, current and future pain and suffering, ongoing mental and emotional anguish, and loss of enjoyment of life.
• Wrongful death damages: Funeral and burial expenses, loss of your loved one’s financial and domestic support, and loss of consortium, companionship, guidance, and care.

You can seek the same damages by filing a claim with your auto insurance company. Your lawyer can help you prepare a comprehensive claim, document your recoverable damages, and negotiate the best possible settlement. 

Act Quickly to Protect Your Right to File an Auto Accident Lawsuit in Florida

You only have a small window of opportunity to file a lawsuit if you want to seek damages from the pedestrian who caused your crash or your insurance company. According to Florida Statutes § 95.11:

• You generally have two years from the date of the accident to file your personal injury lawsuit
• You generally have two years from the date of a loved one’s demise to file your wrongful death lawsuit

However, suppose a faulty traffic signal or walk sign contributed to your accident. Then, you face another filing deadline. You generally have six months from the accident date to present written notification to the corresponding government or municipal agency, according to Florida Statutes § 768.28(6)(a)(1). 

Remember that if you fail to meet the statutory deadline, the court will prohibit you from filing your case.

Commonly Reported Causes of Pedestrian Versus Auto Accidents in Florida 

Identifying what caused your accident is a critical component of your injury claim. To strengthen your compensation request, your lawyer will prove the pedestrian’s negligence led to the collision due to:

• Failing to yield the right of way
• Being under the influence of drugs or alcohol
• Jaywalking or running into the road

Your legal team will handle the investigation into your accident, including speaking to witnesses while their recollections are fresh. Your attorney will also handle all communication with insurance adjusters and defense lawyers, providing comprehensive client service that guides you toward a well-informed settlement decision.

Establish the Elements of Negligence to Prove Your Right to Financial Recovery 

Florida drivers must share roads safely with other drivers, cyclists, and pedestrians by obeying traffic laws. Pedestrians, too, are responsible for obeying traffic signals and walk signs and remaining observant when crossing the street.

To prove the pedestrian was at fault in your accident, your lawyer can help you establish the required elements of negligence. You can recover damages by proving the pedestrian:

• Owed you a duty of reasonable care
• Failed to meet their legal responsibility
• Directly caused your auto accident

The final component of negligence is proving the accident resulted in financial expenses and losses. Your lawyer will document your losses as part of building your compelling evidence collection. 

Get Help From Our Auto Accident Attorneys

If you or someone you love suffered injuries in an auto accident caused by a negligent pedestrian, you could pursue fair and appropriate compensation. Chalik & Chalik Injury Lawyers will investigate your accident and explore your options for financial recovery at no upfront cost. 

Find out what you can do if a pedestrian causes an auto accident. Contact our consultation team today to start building your injury claim.