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Pedestrian Accident: Know Your Rights

April 26, 2022 Legal Team
Pedestrian Accident

A pedestrian accident can occur anywhere. If you are hit by a car while out walking or running, your immediate concern should be your well-being. Then, after the shock wears off and you’ve assessed the severity of your injuries, you should then think about how to hold the driver responsible.

While getting hit can be a horrible and traumatic experience, fortunately, you have legal options.

Determining If You Have a Case

One of the first steps you need to take after the pedestrian accident is to hire a lawyer. Your attorney will help you first establish if you have a case. Some circumstances you will need to consider include:

  • Did the driver violate a traffic law? Drivers are required to follow all traffic laws when they are on the roadways – and to be alert to pedestrians at all times. If the driver was speeding, ran a stop sign, failed to stop for a pedestrian crosswalk, was driving under the influence, or violated another law that led to the accident, they can be held legally responsible.
  • Were you injured? If you suffered injuries in the accident, you have the right to pursue a personal injury claim. A personal injury lawyer can help you determine what legal rights you have and what damages you can seek. Some damages you can seek from the defendant include:
    • Medical Costs: Injuries sustained from a pedestrian accident can include costs of having an ambulance transport you to the hospital, treatment at the emergency room or urgent care, surgery, hospitalization, medications, physical therapy, ongoing treatment, ongoing therapy, follow-up surgeries, psychological treatment, and more. It’s essential to keep all bills and insurance claims for all medical treatments and therapy. This will help your attorney determine the amount to ask for in damages. It’s also crucial to get all medical records so you have documentation on the extent of your injuries and your prognosis. When seeking compensation, your attorney can ask for money to cover your current expenses, as well as future treatments.
    • Loss of Income: If you sustained serious injuries from a pedestrian accident, you may have also missed time at work. This can result in a loss of income, or the need to use sick or vacation time. Your attorney can seek compensation from the driver to cover your wages from the time you missed at your job. If you were seriously injured, you might even have lost the ability to perform your current job. In this situation, your lawyer can request damages to cover the long-term loss of income and any expenses associated with trying to get a new job.
    • Emotional Costs: If you are struck by a vehicle, you may suffer emotional pain and suffering in addition to physical pain. You may have post-traumatic stress disorder from the accident, preventing you from living your daily life and causing ongoing trauma. You may also have lost the ability to enjoy things you might have liked to do before your accident, or have ongoing anxiety that’s preventing you from performing daily tasks. Proving emotional distress can be difficult, and it can be even harder to determine the compensation. It’s essential to work with an attorney.

Information You Need for a Pedestrian Accident Case

If a lawyer determines you have a case against the driver of a vehicle in a pedestrian accident, you will need vital information from the driver. This can include the driver’s name, phone number, address, insurance information, driver’s license number, license plate number, make and model of the vehicle, and other information that can help your attorney build a case against the person.

We Can Help

If you’re in a pedestrian accident, you need help from a top-rated, hard-working representation. At Shapiro|Delgado, our attorneys put their injury law experience to work for you. And we handle cases on a contingency basis, which means we don’t get paid unless you do.

We represent clients throughout Florida, including Sarasota, Bradenton, Tampa, Saint Petersburg, Pinellas County, and surrounding communities.

To set up a free personal consultation, call 941-954-4000 or use our convenient online contact form.

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