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Can a Pedestrian Hit by a Car Receive Financial Compensation?

Yes, if you are a pedestrian that was hit by a car you can receive financial compensation, usually against the driver’s insurance. The compensation received 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 you were crossing the street in a responsible manner and you got hit by a car. This is a type of accident 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 lays 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.

Compensation Is in Direct Relation With the Degree of Negligence

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 their disability and health insurance policies;
  • employee's compensation coverage (if the accident occurs on the job);
  • one or more auto insurance policies.

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 actually 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 in order 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.

For questions and free legal advice to help individuals please call us

305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.