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 not paying attention to his or her surroundings, placing pedestrians in the area in danger.
Should you or a loved one have been struck by a motorist, you have the right to seek compensation for your injuries, pain, and suffering. An Ocala pedestrian accident lawyer from Bogin, Munns & Munns, can help you seek compensation for your damages.
Common Causes for Auto-Pedestrian Crashes
In the state of Florida, pedestrians must obey all traffic laws when walking near motor vehicle traffic. For example, a pedestrian who suddenly crosses the street in the middle of a block without using the crosswalk could be held partially liable for the pedestrian accident, which would reduce any settlement amount.
However, 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.
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 at (352) 690-7400 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
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 take over negotiations with the insurance company for you, using our techniques to counteract some of the arguments the insurer is making to try to reduce the settlement amount.
If we cannot negotiate a fair amount of compensation for your medical bills and reduction in quality of life, we will stand by your side in trial.
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.
We understand what it takes to defend the rights of innocent victims involved in accidents. Contact us today for a free consultation.
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