When a pedestrian causes a car accident, things typically play out in much the same way as when a driver causes a crash. The pedestrian could be liable for damages sustained by anyone else involved, even if the most significant damages were to themselves.
The steps that need to be taken by any party that suffered damages in an accident caused by a pedestrian will vary depending on a variety of factors. An experienced Fort Lauderdale pedestrian accident lawyer can help explain the specifics of your case and inform you of your legal rights regarding recovering compensation.
The Rights of Injury Victims to Pursue Compensation After an Accident Caused by a Pedestrian
After suffering damages in an accident caused by a pedestrian, your options for recovering compensation will vary depending on the specific circumstances of your situation. In Florida, any accident victim must first seek compensation through their insurance policy under the state’s no-fault insurance laws.
These laws require all drivers to carry personal injury protection (PIP) insurance coverage. In the majority of these cases, other accident victims will need to file a claim with their insurer to collect the compensation they need. Meanwhile, the pedestrian responsible for the accident can file a claim with their insurance provider, as PIP coverage applies to pedestrians as well.
However, in cases where your injuries are severe or permanent, you may be able to pursue additional compensation from the liable pedestrian or their insurance provider for any losses that exceed your PIP coverage limits. An experienced Fort Lauderdale personal injury lawyer can help walk you through your legal options.
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Pedestrians Have the Right of Way
In the majority of accidents involving pedestrians, the driver of an involved vehicle is at fault. Drivers have a higher duty of care than pedestrians, and in most situations, pedestrians have the right of way, which makes accidents where the pedestrian is at fault uncommon.
However, there are several exceptions where a pedestrian can still be to blame for an accident. For example, if an accident occurs because a pedestrian stepped out in front of traffic in the middle of the road or crossed against the light at a crosswalk, they could be responsible for resulting damages.
Because the law places a higher responsibility on drivers to ensure the safety of others on the road, it can sometimes be challenging to prove that a pedestrian is to blame. Hiring an experienced attorney can be critical when attempting to prove the fault of a pedestrian.
Recovering Compensation From a Pedestrian Can Be Challenging
Unfortunately, it can often be difficult to recover the money you need to cover your damages if you suffered a serious injury caused by a pedestrian. If the pedestrian has car insurance, their coverage may apply even if they are not driving and provide you with an avenue for recovering compensation.
However, their coverage limits may be lower in this situation or may not apply at all. Furthermore, if the pedestrian does not drive, pursuing compensation from their insurance provider won’t be an option. In this situation, you will have to seek damages directly from the party responsible.
If the pedestrian at fault for your accident does not have sufficient funds or assets, you may be out of options for recovering damages. An experienced lawyer can help you explore your legal options and put you in the best possible position to get the money you need and deserve after an accident.
Learn More About Your Legal Rights After an Accident Caused By a Pedestrian Today
Following an accident caused by the negligence of a pedestrian, understanding your rights to recover compensation is critical. If you were injured in an accident caused by a pedestrian, securing the services of an experienced attorney as soon as possible can be essential for recovering the money you need and deserve.
At The Schiller Kessler Group, our experienced legal team can review the details of your case and explain all of your legal options. Our lawyers can also conduct a thorough investigation into your accident to prove that the pedestrian was to blame. We have been representing injury victims in Florida for the last two decades and have a thorough understanding of these cases.
Reach out to us today by calling us or completing our online contact form to schedule a free case consultation with a member of our legal team. You can get a better idea of the service you can expect our team to provide by checking out these client testimonials from some of the satisfied injury victims we have represented over the years.
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