Yes, if you are a pedestrian who was hit by a car, you can receive financial compensation, usually against the driver’s insurance. The settlement is in direct relation to the driver's degree of negligence, as well as yours. In order to make sure that you receive just compensation for a pedestrian accident, discuss with a personal injury attorney.
You were walking along the side of the road, on the pavement, or responsibly crossing the street, and got hit by a car. These are types of accidents that can leave a pedestrian with traumatic and life-altering injuries.
As a pedestrian, you are the most vulnerable of all road users. If you didn’t cross the street while distracted by your phone or a friendly conversation and you didn’t jump in front of a car in moving traffic, the liability lies with the negligent car driver. If this is the case, you have the right to seek financial compensation for the injuries you sustained and file a claim against the driver's or car owner's auto liability insurance policy.
Florida follows a "comparative fault" rule, which states that the financial compensation a pedestrian can receive is directly related to the degree of negligence. Injured pedestrians are usually covered under:
Determining who is at fault for negligence when a pedestrian is involved in a collision depends on several elements of proof, such as:
If the liability lies entirely with the motorist that hit you, you need to think twice if you are willing to accept an out-of-court settlement with the driver’s insurance company. This settlement is likely to be lower than the compensation you could be entitled to, and in this case, you would be giving up all legal rights to pursue any further damages.
In many pedestrian accident cases, things happen very fast, and you may not be sure who is at fault and whether you have any legal standing to file a pedestrian accident claim. In case of any doubt, it is advised to consult with a personal injury lawyer that can thoroughly walk you through your legal rights.
In cases where the car driver was at fault, an injured pedestrian can receive financial compensation for the following:
The amount of your financial compensation for a pedestrian injury caused by a car accident can:
To maximize the value of your pedestrian accident case, you should hire an experienced attorney. If you got hit by a car, call our Miami-based office right away for a free case evaluation.