Frequently Asked Questions:

A: If you have been injured in a pedestrian accident in Florida, there are certain steps that you should take immediately after the accident. These steps can help you protect your health and your interests in a personal injury claim. If you believe that you will need to file a claim to receive fair compensation, you can get the professional help of a pedestrian accident attorney.

If you have been injured in a pedestrian accident in Florida, the steps that you should take include:

• Calling the police – Immediately after a pedestrian accident in Florida, you will need to call the police. When the police arrive they will make a report, which will serve as an official record of the pedestrian accident.
• Getting the contact and insurance information of the other person(s) involved – You will need this information to file an injury claim.
• Getting the necessary medical attention – Even if you don’t believe that your injuries are serious, you should immediately see a medical professional. You may have suffered injuries that may not appear until later on, including internal injuries, traumatic brain injury or whiplash. 

Once you have taken these necessary steps after a pedestrian accident in Florida, you should contact a Clearwater pedestrian accident attorney. An attorney can investigate your case and alert you to whether you have a viable cause for seeking compensation in a pedestrian accident claim.

A: We see all types of fall cases due to unsafe and defective conditions on someone’s property. In considering pedestrian injuries, however, most people think of injuries involving a pedestrian hit by a car or other vehicle. The most common pedestrian vs. vehicle injuries occur to pedestrians using crosswalks, sidewalks and parking lots. They typically involve the operator of a car, truck, motorcycle or other vehicle looking in one direction and being unaware of a pedestrian walking into their path from a crosswalk or sidewalk.

Common examples include:

• A pedestrian using a sidewalk in front a vehicle waiting to pull out of a parking lot
• Someone walking in a crosswalk at an intersection in front of a vehicle waiting to turn right
• A shopper walking to their vehicle in a parking lot passing behind a vehicle backing out of a parking space

In each case, pedestrians should attempt to make eye contact with a driver before proceeding to make sure the driver sees them.

A: When you get behind the wheel of an automobile you are piloting a potentially deadly weapon. Therefore, you must yield the right of way to pedestrians and bicyclists in almost any situation. If you were involved in a pedestrian accident, you likely would be eligible for reparations for expenses related to the accident.

There are specifications to the right of way law, which your pedestrian accident lawyer can explain to you. Generally, if you were crossing the road at either a marked or unmarked crosswalk you had the right of way. A marked crosswalk is denoted by either signs or painted lines on the pavement.

An unmarked crosswalk is harder to define, which is why your lawyer becomes so useful. It can be considered the space between the road and the sidewalk and also the space at the meeting of intersecting roads. Not all intersections have walk signals and this is where the unmarked crosswalk comes into play.

In terms of stopping for a marked crosswalk, drivers must yield the right of way in almost every situation. They must yield the right of way to:

• pedestrians already in the crosswalk who are on the same side of the roadway as their vehicle;
• pedestrians in the crosswalk on the opposite side of the roadway who are close enough to their side to face possible danger; and
• pedestrians who are about to step into the crosswalk.

In summary, if you adhered to pedestrian and cyclist rules but still were injured by a driver who failed to yield the right of way, you have a right to compensation for bodily and property damages. Recovering from your injuries after a Clearwater pedestrian accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork.

Before accepting a settlement offer contact the Law Offices of James. W. Dodson to set up a FREE consultation at 1-888-340-0840

A: There is a possibility that you can receive compensation for your injuries if you were hit by a car when crossing the street outside of a crosswalk. Since every Florida personal injury case is unique, it would be in your best interest to speak with an experienced pedestrian accident attorney.

A number of different conditions may fit the legal parameters that would allow you to file a Florida personal injury claim even if you were crossing the street outside of a crosswalk. It will be critical to demonstrate that your actions were not the sole cause of your pedestrian accident.

Listed below are a few instances that would demonstrate that you were not entirely liable for your pedestrian accident and therefore, eligible for compensation in an injury claim:

• The driver that hit you was operating the vehicle while under the influence of drugs or alcohol;
• The vehicle had a mechanical failure that contributed to the accident; and/or
• The driver was speeding or driving recklessly.

If you have been injured as a result of a Florida pedestrian accident, and are able to successfully pursue a Florida personal injury claim, you may be eligible for compensation for:

• medical expenses;
• lost wages (past, present and future); and
• pain and suffering.

Contact an experienced Clearwater pedestrian accident attorney to guide you through every step of the claims and settlement processes. Be sure you find someone who is experienced in the “ins and outs” of Florida pedestrian laws, as they will know which factors to look at when building your claim.

A: In Florida, a motorist may not be held liable for injuries to a pedestrian or bicyclist if that pedestrian or bicyclist broke the rules of the road, thus resulting in a motor vehicle accident.

For example, if a bicyclist is operating a bike under the influence of alcohol and causes an accident that results in injuries to him or herself, the motorist would not be held liable for their injuries.

Pedestrians can also be held liable for causing a pedestrian accident. For example, if a pedestrian runs into the middle of the road and is not using a crosswalk, the liability in an accident would most likely lie with the pedestrian, not the motorist. However, a motorist should make every effort to stop to avoid striking a pedestrian.

If you have been injured in a Clearwater pedestrian accident due to the negligence of a motorist, you should speak with a Florida accident lawyer. Your lawyer can help prove liability in a pedestrian accident case, which is critical when trying to build a successful injury claim. Compensation to which you may be entitled in a pedestrian accident case includes past and future medical treatments, lost wages, and pain and suffering.

A: There are a few things that an insurer doesn’t want you to know after you have been injured in a pedestrian accident in Florida. This is why it is always in your best interest to have the help of a personal injury attorney in order to protect your legal rights.

You should know that the insurance adjuster is not on your side when it comes to pursuing compensation through a Florida personal injury claim. What they are most interested in is paying out as little as possible and protecting their employer, the insurance company.

An insurance adjuster doesn’t want you to know that they will be working on their end to collect evidence that will help to either deny your Florida personal injury claim or reduce the amount of compensation you can recover. It is vital to have a personal injury attorney working on your side to collect evidence that proves your version of the events.

Insurance adjusters are trained to ask questions that can confuse you or cause you to say something that may be used against you. Giving recorded statements to an insurance adjuster is never a good idea, as they can use any part of what you say, even out of context, against you.

Most importantly the insurance adjuster doesn’t want you to know that you can greatly benefit from an attorney. They may even attempt to discourage you from seeking legal counsel after your pedestrian accident in Florida by insisting your attorney will take all of your money. The truth is, studies have shown that even after attorney fees are taken into consideration, accident victims with lawyers get much higher settlements than those who go at it alone.

A: If you were injured by a hit and run driver in a Clearwater pedestrian accident, it is most likely that your own automobile insurance company will pay your bills. Part of the reason for carrying car insurance is so you will have some financial protection in the event that you are injured by someone who you are unable to identity.

Florida insurance laws require all drivers to carry no-fault coverage, also known as Personal Injury Protection (PIP). This will cover your medical bills and wages up to $10,000 (the standard cap on PIP). Unfortunately, the PIP will likely not fully address all of your medical bills and it also does not compensate you for things like loss of enjoyment of life and pain and suffering.

Ideally, you will have purchased some sort of Uninsured Motorist provision for your Florida auto insurance coverage in addition to your PIP. It is not required to carry this in the state of Florida, and it adds a little more to your monthly payment, but it is entirely worth it in the case of a hit and run accident. Go over your policy carefully to determine whether or not you requested Uninsured Motorist Coverage.

It is against the law for a driver to leave the scene of an accident, but it happens all the time. Enlisting the help of a pedestrian accident lawyer early in the process may provide you with the comfort of knowing that you have a professional advocate on your side. An attorney can represent you if your insurance company is negligent in providing you with the full amount of damages to which you are entitled. Contact us today at 1-888-340-0840.

A: The victim’s personal representative can file a Florida wrongful death claim after a fatal pedestrian or bicycle accident. In most cases, the personal representative falls into one of these categories:

• the decedent’s spouse;
• the decedent’s children;
• the decedent’s parents;
• the executor of a decedent’s estate; and/or
• other relatives or individuals named in the decedent’s will.

If none of these people are able to act as a personal representative, a judge may appoint a personal representative to advocate for the decedent’s rights in a wrongful death trial.

Statute of Limitations

Anyone who is dealing with the loss of a loved one is very likely overwhelmed by powerful emotions as well as funeral planning and other responsibilities.  Unfortunately, the decision about whether to file a Florida wrongful death claim cannot be delayed indefinitely.

Florida law requires that in the event of a fatal bicycle or pedestrian accident, the decedent’s personal representative has 2 years from the date of the victim’s death to file a wrongful death lawsuit against those responsible. This is known as the statute of limitations.

If the statute of limitations expires, the personal representative will not be able to seek compensation for the loss of their loved one; so it is important to retain a Clearwater wrongful death lawyer well before the statute of limitations expires.

Damages in a Florida Wrongful Death Claim

In a Florida wrongful death claim, the victim’s family is eligible to receive several types of compensation, including:

• burial and funeral expenses;
• hospitalization and other medical costs prior to death;
• lost wages or salary which the victim would have earned had the accident not occurred;
• mental anguish; and
• pain and suffering.

If you wish to file a Florida wrongful death claim as a result of a fatal pedestrian or bike accident, you should contact a Clearwater wrongful death lawyer as soon as possible. Before accepting a settlement offer, contact the Law Offices of James. W. Dodson to schedule a no cost consultation at 1-888-340-0840.

A: Bicycle riders have to yield to pedestrians in the state of Florida. This is because pedestrians are much more vulnerable to injury than drivers and bicyclists in the event of a collision.

Vehicle drivers must yield and give right of way to pedestrians, and so must bicyclists. This is true whether the bicycle is riding on a sidewalk or road.

In Florida, pedestrians always have the right of way. Therefore, a bicyclist must give an audible signal before passing a pedestrian. If a bicyclist hits a pedestrian, he may be held responsible for any injuries sustained.

An accident involving a pedestrian or bicyclist can have devastating consequences. Most such accidents are the result of bicyclists being inattentive or negligent. However, pedestrians must also act responsibly and can be held liable or partially liable for an accident with a bicyclist if their own actions contributed to or caused the collision to take place.

A: If you were hit by a vehicle while jaywalking Florida, you may still be entitled to file a personal injury claim to recover damages for your injuries. When pursuing a Florida personal injury claim you will benefit from the guidance of a pedestrian accident lawyer for help in proving your case.

Jaywalking in Florida can cause complications in arguing your personal injury claim with the insurance company. The insurance company may try to discredit your claim, saying you were at fault for your injuries by failing to obey proper traffic crossing signals.

If you can prove the driver was negligent in paying attention to the road, such as texting while driving or other distractions, this will help your claim. Excessive speed, intoxication, and other illegal activities can also help your case.

When you are injured in a pedestrian accident, even if you were jaywalking, you owe it to yourself to discuss your claim with an experienced Clearwater pedestrian accident lawyer. Even if you don’t think your case has a chance, your lawyer should have case history to help them evaluate your claim and your legal options.

A: If you have been injured in a Florida pedestrian accident, there are several key things that you can do to help your Florida pedestrian accident claim. Once you have received medical attention after your Florida pedestrian accident, the first thing that you should do is gather evidence from the scene, if your injuries will allow you to do so.

This may include photographs of the pedestrian accident scene as well as your personal injuries, a copy of the official police report, and the names and contact information of any witnesses. If your injuries prevented you from gathering evidence at the time of your accident, you can still retrieve the police report and return to the scene to take photographs. Likewise, maintain copies of all medical records and bills, keep a daily log of your injuries and keep track of any lost wages that you suffer as a result of the injury.

After the Florida pedestrian accident, be careful in what you say to others about the incident. Never admit fault or apologize for what happened, as this may be seen as an indication of liability. Answer the police and insurance adjuster questions honestly and clearly, but do not elaborate on anything and stick to the most basic facts.

Once you have gathered evidence of your Florida pedestrian accident, you should consider getting in touch with a Florida pedestrian accident lawyer. A lawyer who has experience with accident claims that are very similar to your own can listen to the details of your case and help you to determine whether you have the grounds for a claim.

When speaking with your Florida pedestrian accident lawyer, you should be as honest as possible. Tell your lawyer exactly how the accident occurred, what injuries you have suffered, and any other information that they need to know. Being honest with your lawyer will only help your Florida pedestrian accident claim.

A: In Florida, you’ll find there are 2 types of crosswalks: marked and unmarked.

• A marked crosswalk is indicated by lines painted on the ground.
  
• An unmarked crosswalk occurs at every intersection, and is part of the roadway.

In order to determine the location of the unmarked crosswalk, you should picture the sidewalk or shoulder extending across the roadway until it meets the other side of the road. The unmarked crosswalk is measured from curb to curb. If there are no curbs, it is measured from the edge of the road.

Whether there is a marked or unmarked crosswalk, drivers should be mindful of the pedestrian right-of-way in Florida. Drivers who do not stop for pedestrians crossing the road may cause a pedestrian accident, which could result in serious injuries.

Right-of-way in Florida comes into play because it can strongly increase the likelihood that you’ll be held liable if you’re the driver in a pedestrian accident.

A: If you’ve been injured in a pedestrian accident in the Clearwater area, you may have questions about what your settlement might cover.

Your pedestrian injury settlement is meant to fully or partially cover the following, depending on your injuries:

• Medical bills -­­ These are usually the biggest concern for a pedestrian accident victim, as medical care is very costly.
• Lost income and benefits – Injuries often cause the victim to lose the ability to work, at least temporarily.
• Lost future earning power – Injuries from a pedestrian accident can have long-term effects that might keep a person from working to their full potential.
• Rehabilitation costs – Rehabilitation services are often necessary following a pedestrian injury.
• Pain and suffering - Pedestrian accidents are not only financially costly; they are physically and emotionally painful. Many victims suffer lasting effects.

In a personal injury case settlement, many factors are taken into consideration. Consult with a Clearwater pedestrian accident attorney to discuss your case and the details of a fair settlement. Contact us at 1-888-340-0840.

A: In Florida, if you are the owner of a motor vehicle that is registered in the state, your own No-Fault auto insurer may pay for your medical bills and/or lost wages after you suffer injury in a pedestrian accident.

According to Florida law, all motorists must have a minimum of $10,000 personal injury protection (PIP) insurance coverage. PIP coverage is meant to help pay for a victim’s medical expenses, as well as for a passenger’s expenses. PIP will provide coverage up to the limit amounts that are given by a policy.

If you have group health insurance coverage, or you are a member of an HMO, these 2 parties may also contribute toward your medical bills. However, your No-Fault auto insurer will be the primary responsible party.

If any of your insurers dispute who is responsible for your bills or are slow in offering a settlement, a Clearwater pedestrian accident attorney can act as your representative in negotiations with the adjusters.

A: Careless driving is often the cause of pedestrian accidents in Florida. This is why Florida laws have specific statutes regarding driving through a Florida crosswalk.

According to Florida traffic laws concerning crosswalks:

The driver of a motor vehicle who comes to an intersection with a red traffic signal must stop before entering the Florida crosswalk, and remain stopped to allow a pedestrian, who has a signal with permission to walk, to safely cross the street.

The statute goes onto say that when there are no traffic signals to indicate otherwise, the driver of a motor vehicle must yield the right-of-way to a pedestrian within a Florida crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

The failure to abide by these traffic statutes can result in a pedestrian accident. If you have been injured in a pedestrian accident in the Clearwater area, you may be eligible for compensation. To file a personal injury claim, you can get the professional help of a Clearwater pedestrian accident lawyer.

A: There is not necessarily a clear-cut answer on who may be held liable for your son’s injuries after his pedestrian accident, even though his friend pushed him into traffic. It basically all depends on the circumstances surrounding your son’s accident.

To get a better understanding of just who may be liable for your sons’ pedestrian accident, you’ll really want to talk with a Clearwater pedestrian accident lawyer.

Depending on the details of the accident, any one of the following parties may be liable, depending on the interpretation of Florida’s pedestrian laws:

• The Driver – if your son was pushed into traffic and the driver had ample time to stop or avoid hitting him, this may be a sign of driver negligence or inattention.
• Your son’s friend – this is because his actions led to your son’s injuries.
• The parents of your son’s friend – negligence could be found based on their failure to effectively supervise/watch their child, which eventually led to the accident, depending on the age of your son’s friend.

So many circumstances can affect liability for the pedestrian accident in which your son was injured-your son and his friends’ ages, traffic and road conditions, possible vision obstructions-these factors all have potential to significantly impact the outcome of the Florida personal injury claim you plan to file.

While you have every right to seek compensation if someone else is liable for your son’s condition, issues of liability and fault can be tough to prove. That is why it is so beneficial to work with an experienced pedestrian accident lawyer. That way, you can focus on helping your son recover from his injuries through this difficult time, while your accident lawyer deals with the details, evidence and negotiations for your son’s injury claim.

A: This is a great question because these tragic accidents should be used by all of us to look at our own insurance coverage and make sure we have what we need.

If the pedestrian or cyclist owns a car insured with PIP/No Fault, or if they lived with certain family members who own an insured vehicle, the no-fault benefits would apply to them. That means $10,000 in medical expenses/lost wage benefits/attendant care, as well as other benefits would cover them. PIP also pays a $5000 death benefit to help families with funeral expenses.

This is where the need for Uninsured Motorist becomes clear. This valuable insurance pays for any loss or injury suffered by the injured, or the survivors of the deceased, for the loss of their loved one. In many ways it is the most important coverage we can carry. It protects us from the hit and run driver, as well as from drivers who carry no insurance or too little of it. Keep in mind, the vast majority of drivers in Florida do not have insurance or they have too little of it. Make sure you look at your policy and buy the most UM you can afford. I recommend $1 million.

A: As the name implies, Florida no fault law pays for pedestrian accident claims regardless of who was at fault.

In a pedestrian accident claim, Florida no fault law means that your own insurance will pay for certain percentages of:

• medical bills;
• disability benefits;
• household services;
• transportation; and
• death benefits (if applicable).  

Florida is one of 12 states that implement a no fault system. It was designed to help bring down insurance premiums by preventing frivolous lawsuits. Understanding Florida no fault law and how it applies to bicycle accidents will be helpful for anyone pursuing a Florida personal injury claim.

In Florida, all motor vehicle drivers are required to carry no fault insurance coverage. In the event of a pedestrian accident involving injuries, the insurance companies pay for their respective client’s damages. 

If you were injured in a pedestrian accident, you need to report your accident to the insurance company that will be covering you. If you (or a relative who lives with you) are the driver of a motor vehicle registered in Florida, you have no fault coverage and your policy will cover you, even if you were not in your vehicle at the time of the accident.

If you are not the driver of a motor vehicle registered in Florida, then you will be covered by the insurance of the driver who injured you. However, you may need to fill out certain applications and agree to a recorded statement. It is best to seek the advice of a Clearwater pedestrian lawyer at this time to make sure you are not being taken advantage of by the insurance company.

A: If you have broken your arm while jogging on a broken Tampa sidewalk, the city is not necessarily liable just because the sidewalk was broken. On the other hand, if the city had been notified of the sidewalk’s broken condition, they should have put up a sign or a barrier to prevent a pedestrian accident. Therefore, the city may be held liable for your broken arm in some cases.

If you choose to pursue damages in a personal injury claim, the city may argue that you were partially at fault for trying to cross the broken sidewalk. The outcome of your case will depend on your ability to present a valid argument. To build your case against the city, you can get the professional help of a pedestrian accident lawyer.

It is important to keep in mind however that suing a government entity such as a city or other government office has a different set of standards and deadlines than personal injury claims against people or other types of businesses. Often, victims only allowed only an incredibly short timeframe to notify the government entity of their intent to seek damages. That is why it is vital to speak with a pedestrian accident lawyer right away to avoid missing the statute of limitations on these types of claims.

After your type of pedestrian accident, you may be compensated for current and, if necessary, future medical expenses. You may also be compensated for your pain and suffering, and any wages that you may have lost.

A: You may very well be able to sue a Florida city if you were injured because of inadequate pedestrian safety measures. Since there are a variety of situations and factors that may have led to your accident, you’ll want to talk with a pedestrian accident lawyer to be sure.

Once you discuss the circumstances that led to your injuries, your pedestrian accident lawyer can then assess all the facts to determine if the municipality was indeed providing faulty safety measures for pedestrians.

In some cases, there may just not be enough valid evidence to support a claim. But in other cases, such as when a crosswalk’s “walk” signal may be too short, the city could be found at fault. This could result in injury to a pedestrian innocently following the traffic signal, if cars are signaled to proceed while you’re still in the crosswalk.

Since a Clearwater pedestrian accident lawyer has experience with these types of claims, they’ll be able to determine rather quickly whether you have a viable case. If so, an accident lawyer will want to proceed with your claim as soon as possible, as the time frame in which to file a claim against city governments can be extremely limited.

While you focus on recovery, a Clearwater pedestrian accident lawyer can deal with the often complicated nuances of government injury claims, such as sifting through city documents to find records that prove the city’s liability, as well as recruiting specialists to give testimony, if needed.

A: According to Florida pedestrian laws, a pedestrian may stand or walk on a road in which a sidewalk is not provided. In such a case, the pedestrian should walk only on the shoulder on the left side of the road. The left side is to the left of the direction that the pedestrian is walking and faces oncoming traffic.

Florida pedestrian laws prohibit a person from standing on a road that is paved for vehicular traffic in an attempt to solicit a ride, solicit employment or solicit business from the occupant of a vehicle.

In addition, a person cannot walk on any road where a sidewalk is provided, as long as that sidewalk is passable. Situations where a sidewalk may be found to be impassable include instances of sidewalks in disrepair or sidewalks with safety hazards.

Florida pedestrian laws are meant to prevent a serious pedestrian accidents. A violation of these laws may result in a non-criminal traffic infraction and a fine.

If you were adhering to Florida pedestrian laws and were injured in a pedestrian accident, you may be eligible for compensation in a Florida personal injury claim. 

A: If you have been the victim of a pedestrian accident in Florida, and were hit by an uninsured driver, your own motorist coverage may cover the damages you have suffered, provided you have Florida auto insurance. The damages your own insurance company may cover include medical expenses, permanent disability, and lost wages.

Generally, in Florida every driver is required to carry Personal Injury Protection insurance. If you are a Florida driver and have this required insurance, it will provide no more than $10,000 to you for your pedestrian acciden. The coverage is limited to medical and disability in a case like this.

If the pedestrian accident in Florida was a hit and run pedestrian accident, under Florida’s no-fault law, your own insurer must pay for your medical expenses and disability. It doesn’t matter who caused the accident. As long as you can prove you suffered a permanent injury, scarring, or loss of bodily function, you will be eligible for compensation.

If you carry uninsured motorist coverage in Florida (which is a voluntary, but highly recommended coverage) and are struck in a hit and run pedestrian accident or by an uninsured motorist, you may recover money from your uninsured motorist coverage. Survivors of a deceased victim may also be eligible to recover damages.

A complicated case, such as one involving an injured pedestrian and an uninsured motorist, is best handled by a Clearwater pedestrian accident attorney with experiences in such claims. An attorney will assess your insurance coverage to determine the types of damages you may seek. They may also investigate the circumstances of your pedestrian accident to determine whether there are any other issues of liability and potential sources of compensation for your injuries.

A: According to state laws, any person “afoot” is considered to be a pedestrian in Florida. This means any person on foot, in a wheelchair, on a skateboard or on roller skates is also considered a pedestrian in Florida.

The Florida statutes regarding pedestrians state that where a sidewalk is provided, a pedestrian in Florida must not walk on the road but should walk only on the sidewalk. In places where a sidewalk is not provided, a pedestrian may walk on the road but should be cautious of cars and other vehicles.

When a sidewalk is not provided, a pedestrian in Florida should walk only on the shoulder on the left side of the roadway, facing oncoming traffic.

The failure to obey these rules can result in a serious Florida pedestrian accident. Even when a pedestrian doesn’t obey these rules, a Florida pedestrian accident may be caused by someone else’s negligence. If you are injured in a Florida pedestrian accident because of someone else’s negligence, you may be eligible for compensation in a Florida personal injury claim.