Who Is Liable in Pedestrian Accidents?

The person or entity whose negligence led to the pedestrian accident is liable. However, determining the at-fault party requires a thorough investigation and an understanding of what constitutes negligence and how to identify it. Proving these elements and filing your potential lawsuit on time are critical to recovering damages.

You do not have to define liability or pursue compensation by yourself following an accident. You can have a Fort Lauderdale pedestrian accident lawyer represent you, and their investigation will uncover who is liable. You can get legal representation to guide you through the financial recovery process at no upfront cost. An attorney can help you recover your medical bills, lost income, pain and suffering, and more.

Document the Cause of Your Accident to Define the Financially Liable Party

According to Florida Department of Highway Safety and Motor Vehicles (FLHSMV) data, there were over 10,000 pedestrian accidents statewide in 2023, resulting in 789 fatalities. Some commonly reported causes include:

• Speeding
• Road rage
• Drunk driving
• Failure to yield
• Impatient drivers
• Distracted driving
• Decreased visibility
• Disregarded traffic signals

No matter the reason, you could compel the at-fault party to compensate you if a negligent driver hits you while you walk along Collins Avenue, Broward Boulevard, or any South Florida road. 

The Role of Negligence in Defining Financial Liability in a Florida Accident 

When you file an insurance claim after an accident, the at-fault driver’s insurance company will require proof of the policyholder’s negligence. Your lawyer can help you prove its elements:

• Duty of care: The driver’s responsibility to obey the rules of the road.
• Breach of duty: The driver’s violation of a reasonable legal obligation.
• Causation: The connection between their action and your crash.
• Damages: The financial expenses and losses caused by the accident.

Pedestrians also have a responsibility to obey traffic laws and walk signs. Your lawyer will build a persuasive case that supports your right to compensation. It will also combat any allegations that you caused or contributed to the accident, which could negatively affect your financial recovery. 

The Importance of Building a Comprehensive Evidence Collection 

Representatives for you and the at-fault party will examine the accumulated evidence. A compelling case file can prove your right to compensation and document the entire value of your recoverable damages.

Your legal team will not ask you to collect evidence. Instead, they will collect it from all sources. While they focus on your financial recovery, you can focus on your physical and emotional recovery. 

Evidence That Proves the Accident’s Cause, Contributing Factors, and Costs

To prove the negligence that caused your accident, your legal team will collect the following evidence:

• The police report describing the accident’s causes and contributing factors in detail. It will include contact information, police-generated photos and video footage, and the accident’s date, time, and location.
• Medical records and bills for emergency treatment, hospital stays, rehab, therapy, medication, assistive devices, and in-home support. Your records will describe your injuries and their cause, severity, and known and anticipated costs.
• Employment records that establish how much income you’ve lost while recovering from your injuries.

To prove the monetary value of your recoverable damages, your lawyer’s case assessment team will compile:

• Medical bills
• Future prognosis
• Tax records
• Property repair bills
• Property replacement costs

Your lawyer will collect these items for you and present a comprehensive evidence collection to the at-fault party’s representatives on your behalf. 

Compensation You Can Recover From the Liable Party in a Pedestrian Accident

Once you’ve determined liability in your injury claim, you can recover damages that compensate for your losses. Your damages will vary based on these factors:

• The extent of your injuries
• The length of your recovery period
• The amount of time you miss from work
• The value of your damaged property

Economic Damages

These are typically documented with bills, receipts, and other paperwork. Economic damages can include: 

• Past and future medical bills
• Past and future income loss
• Loss of future earning ability
• Property damage or total loss
• Diminished property value

Noneconomic Damages

Your recoverable noneconomic damages can be more challenging to prove on your own. Instead, let your lawyer calculate these intangible losses, which might include:

• Physical disability
• Physical disfigurement
• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of enjoyment of life

Wrongful Death Damages for Surviving Families in Florida 

The unexpected loss of a family member can create both emotional and financial trauma. While nothing can atone for your family’s loss, you can pursue the liable party for the following wrongful death damages:

• Funeral, burial, and cremation expenses
• Loss of your loved one’s financial support
• Loss of their contributions to your family
• Loss of consortium and companionship
• Loss of guidance, society, and care

Your wrongful death lawyer will clarify who can file a wrongful death action, which family members can recover damages, and how long you have to file your lawsuit. 

Filing Deadlines That Affect Your Pedestrian Accident Lawsuit

The time you have to file a lawsuit in Florida is complicated. According to Florida Statutes § 95.11, you generally have two years to file your personal injury or wrongful death lawsuit. 

However, the filing deadline can fluctuate based on various factors, such as if your child suffered injuries in the pedestrian accident. Worse, if the deadline expires:

• The court will dismiss your case out of hand.
• The insurance company will stop negotiating.

Missing the filing deadline will leave you with no legal avenue to compel the liable party to compensate you fairly. Your lawyer will help you avoid these costly consequences by filing your lawsuit on time and in the appropriate court. 

Contact the Pedestrian Accident Team at Chalik & Chalik Injury Lawyers Today

Did you or someone you love sustain an injury in a pedestrian accident? You could be entitled to compensation from the at-fault driver or other at-fault party. Recovering damages depends on determining who was liable for the accident and proving their negligence. 

Please find out how our pedestrian accident lawyers can help you recover compensation. Contact our consultation team at Chalik & Chalik Injury Lawyers today to get started.