For those who enjoy walking the dog or strolling around the neighborhood, the option for a nightly walk to get some exercise and fresh air can be a key part of mental and physical wellness. Unfortunately, any time you are walking near areas where motor vehicle traffic exists, the peacefulness of an evening stroll could come to a sudden end, all because a driver is negligent.
If you or a loved one have been struck by a motorist, you have the right to seek compensation for your injuries, pain and suffering, and other losses. An Ocala pedestrian accident lawyer from Bogin, Munns & Munns, can help you seek compensation for your damages. We’ve helped Central Floridians seek compensation for over 40 years, and we’re ready to get to work for you. Call our Ocala personal injury lawyers now to get started.
Let a Pedestrian Accident Attorney Help You With Your Case
After an accident in which a motor vehicle struck you or a loved one while you were on foot, you may hear from the auto insurance company representing the driver who hit you. The insurance adjuster may even promise to try as hard as possible to help you receive a fair amount as a settlement.
However, you must remember that the insurance adjuster works for the insurance company, not for you. The adjuster may eventually make a settlement offer to you, but the focus of the adjuster will be to help the insurance company receive the best deal possible. At Bogin, Munns & Munns, our legal team will work to protect your right to compensation. We will:
- Investigate the Accident: We will gather evidence, witness statements, and police reports to build a strong case.
- Assess Damages: Evaluate your medical costs, lost wages, pain and suffering, and other losses for full compensation.
- Negotiate with Insurance: We will handle communication and negotiations with insurance companies to pursue fair compensation.
- Establish Liability: Our Ocala pedestrian accident lawyers work to prove the at-fault party’s negligence, ensuring liability is clearly demonstrated.
- Coordinate Medical Documentation: Our team will collect and organize medical records to substantiate injury claims.
- Provide Legal Guidance: We always advise clients on their rights, the claims process, and available legal options.
- Represent in Court: If necessary, our lawyers represent clients in litigation to seek the maximum possible settlement or verdict.
- Ensure Compliance: We manage deadlines, paperwork, and filings, ensuring compliance with Florida’s legal requirements.
By handling these tasks, an Ocala pedestrian accident lawyer from Bogin Munns & Munns helps victims focus on recovery while seeking the best possible outcome for their claim.
To consult with an experienced pedestrian accident lawyer serving Ocala
855-780-9986
Proving Liability in a Car Pedestrian Accident in Ocala
If the driver is not behaving in a safe manner, or if the driver is committing a reckless act while behind the wheel, this could be a key piece of evidence in assigning liability in a personal injury claim or lawsuit relating to an auto-pedestrian accident.
Some of the ways drivers can be found negligent in this type of crash include:
- Violating traffic laws: where if the driver is speeding, failing to maintain a lane, or disobeying traffic signals, he or she could be liable in a pedestrian accident.
- Drunk driving: where if a driver has a blood or breath alcohol level of .08% or higher, he or she is considered legally drunk, according to Florida Highway Safety and Motor Vehicles (FLHSMV), which is a traffic offense and a key piece of evidence in a personal injury claim.
- Distracted driving: where if a driver is texting, eating food, or performing personal grooming while driving, he or she could be found negligent after a wreck.
Should the police officers who investigate the pedestrian-motorist crash issue a traffic ticket to the motor vehicle operator, this is a key piece of evidence you and your Ocala pedestrian accident lawyer can use to show the negligence of the driver.
The team at Bogin, Munns & Munns will use the facts in the case to show that you did nothing wrong and should be entitled to compensation. Call us today to learn more about the legal options that may be available to you.
Types of Injuries Victims Suffer in Pedestrian Accidents
Because a pedestrian typically does not wear any protective gear, a car that strikes them, even at what seems to be extremely low speeds, can cause serious personal injuries that could require weeks and months of care and rehabilitation to recover. Some victims in these types of accidents may never recover fully.
Damage to the Legs and Torso
The pedestrian may suffer one type of injury from the impact of the car striking the body, such as broken legs or damage to knee ligaments. For a larger motor vehicle, like a pickup truck, the impact may occur in the abdomen of the pedestrian, causing internal organ damage.
Damage to the Spinal Cord and Brain
There also may be a second injury situation in a crash like this. One of the scariest parts of an accident between a motor vehicle and a pedestrian is the possibility of a back injury or a head injury for the pedestrian.
Even at a low speed, the force of the car striking the pedestrian may send the pedestrian’s body flying through the air. When he or she makes contact with the ground again, additional injuries are possible.
If a pedestrian’s head strikes the ground, a severe concussion is a strong possibility, as well as permanent brain damage. If the back or neck strikes the ground hard or hits another object, like a parked car, the pedestrian could suffer paralysis.
Ocala Pedestrian Accident Lawyer Near Me
855-780-9986
Pedestrian Accident Lawsuits Have a Time Limit
An Ocala pedestrian accident lawyer with our firm can guide you through the entire legal process, including a lawsuit. While plenty of cases come to a settlement agreement without going to court, we are prepared to represent your interests in a personal injury lawsuit; you will have an advocate who is truly working for you. Part of this means making sure we file a lawsuit before the statute of limitations runs out.
In Florida, victims generally have only two years to take legal action. This time can go by rather quickly, so we encourage you to call our firm soon after your pedestrian accident. Contacting a pedestrian accident attorney early in the process allows for a full investigation and presentation of the facts in your personal injury case.
Common Causes for Auto-Pedestrian Crashes in Ocala
Pedestrians are vulnerable road users, and drivers have a duty to follow laws and reduce harm. Some possible examples of driver negligence that can cause a pedestrian collision include:
- Distracted Driving: Drivers using phones or engaging in other distractions may fail to see pedestrians.
- Failure to Yield: Drivers not yielding at crosswalks or intersections is a frequent cause of pedestrian accidents. If the pedestrian is crossing the road at a marked crosswalk, according to Florida Statutes § 316.130, the motor vehicle driver must stop to allow the pedestrian to cross. Drivers always have a duty to attempt to avoid hitting a pedestrian if possible.
- Speeding: High speeds reduce reaction time and increase injury severity in pedestrian accidents.
- Driving Under the Influence: Impaired driving due to alcohol or drugs often leads to serious pedestrian crashes.
- Poor Lighting: Low visibility in poorly lit areas, especially at night, contributes to many pedestrian accidents.
- Left Turns at Intersections: Drivers focused on oncoming traffic may overlook pedestrians crossing legally.
- Right Turns on Red: Drivers turning right without checking for pedestrians can cause accidents.
- Aggressive Driving: Speeding, tailgating, and running lights increase the likelihood of hitting pedestrians.
Pedestrian Rights and Duties in Ocala, Florida
In Ocala, Florida, pedestrians have specific rights and responsibilities designed to enhance safety. Pedestrians generally have the right of way in marked and unmarked crosswalks at intersections, and vehicles must yield. At signalized intersections, pedestrians should only cross when the “Walk” signal is displayed, as drivers are required to yield to them. On sidewalks and other pedestrian pathways, vehicles must also yield to pedestrians, ensuring safe passage.
However, pedestrians also have duties to follow. They must use crosswalks or designated intersections when available and avoid jaywalking. At locations without crosswalks, pedestrians must yield to oncoming traffic. Additionally, obeying traffic signals is essential; crossing during a “Don’t Walk” signal is both illegal and unsafe. To stay visible, especially at night, pedestrians are encouraged to wear reflective clothing or carry a flashlight, though it’s not legally required.
Pedestrians are also urged to avoid distractions like mobile phones while crossing streets. By following these rules, pedestrians help promote their safety and minimize the risk of accidents, which is crucial in a busy city like Ocala.
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Steps in the Ocala Pedestrian Accident Claims Process
When a pedestrian is involved in an accident, filing a claim for compensation can help cover damages. However, the process for making a pedestrian accident claim involves several steps:
- Seek Medical Attention: After an accident, the first priority is seeking immediate medical care. Prompt medical attention not only ensures the health and safety of the pedestrian but also provides essential documentation of injuries, which is critical for the claim.
- Report the Accident: Pedestrian accidents should be reported to the Ocala Police Department. A police report serves as official documentation of the accident and can provide valuable information, such as witness statements and preliminary assessments of fault.
- Gather Evidence: If possible, collect the evidence after the accident. If not, our lawyer can still investigate for evidence. Evidence may include photographs of the accident scene, injuries, property damage, and any dangerous road conditions that may have contributed to the accident. Witness statements, surveillance footage, and medical records are also critical components of a well-supported claim.
- Notify Insurance Providers: Pedestrians involved in an accident should notify their insurance company if they have personal injury protection (PIP) coverage or uninsured motorist (UM) coverage, which may apply even though they were not driving. Additionally, the driver’s insurance company will often be involved, especially if the driver is considered at fault.
- File a Claim: Once all necessary information and documentation are gathered, a formal claim can be filed with the at-fault party’s insurance company. This may include a demand for compensation that outlines the damages.
- Negotiation and Settlement: In many cases, insurance companies aim to settle claims out of court. During this stage, the pedestrian’s lawyer will negotiate with the insurance provider to seek fair compensation. If a fair settlement cannot be reached, the case may proceed to litigation.
- Litigation: If the claim does not settle, the next step is filing a lawsuit against the at-fault party. This step involves presenting the evidence to a court, where a judge or jury will determine liability and award damages based on the facts of the case.
Factors That Can Affect a Pedestrian Accident Claim in Ocala
Several factors can influence the strength and value of your Ocala pedestrian accident claim:
- Fault and Comparative Negligence: Florida follows a modified comparative negligence rule, outlined in Florida Statutes § 768.81. A pedestrian can still recover compensation even if they were partially at fault, as long as they were less than 50% responsible. However, their compensation will be reduced by their percentage of fault. Proving that the driver was primarily at fault is critical to maximizing the claim. A lawyer can also dispute any claims that the pedestrian is over 50 percent responsible for the accident.
- Severity and Type of Injuries: The extent and nature of injuries directly impact the value of a claim. Serious injuries typically result in higher compensation due to the increased medical costs, long-term rehabilitation, and impact on the pedestrian’s quality of life.
- Medical Expenses and Documentation: The cost and quality of medical treatment received are significant factors in determining the claim’s value. Comprehensive documentation of all medical treatments can strengthen the claim by showing the true financial impact of the accident on the victim’s health.
- Proof of Noneconomic Damages: These damages can be challenging to quantify but are important in cases involving severe injuries. The severity of injuries, ongoing pain, and the impact on daily activities are all factors that can increase compensation for pain and suffering.
- Insurance Policy Limits: The available compensation may be limited by the at-fault driver’s insurance policy. If the driver has minimal coverage, the claim value may be capped at the policy’s limit unless additional sources of compensation are available, such as the pedestrian’s own uninsured motorist coverage.
- Quality of Evidence: A well-documented claim with strong evidence is more likely to result in fair compensation.
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Call Our Ocala Accident Team After a Pedestrian Collision
We understand what it takes to defend the rights of innocent victims involved in accidents. The Ocala pedestrian accident lawyers at Bogin, Munns & Munns are here for you during this tough time. Contact us today for a free consultation.
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