Although all car accidents can result in severe injuries and fatalities, pedestrian accidents can be especially devastating. Pedestrians have no way to protect themselves from the actions of careless or reckless drivers. If you or a family member was struck by a motor vehicle, you may wish to consult a Dunedin pedestrian accident lawyer for legal advice.
Severe injuries often result in high medical expenses, lost wages, and even permanent impairment. Fortunately, if a driver’s negligence led to your injuries, you might have recourse. A dedicated personal injury lawyer may be able to help you pursue compensation from those responsible for your injuries.
Motorists’ Duty of Care in Dunedin
Injuries sustained in a pedestrian accident may give individuals the right to pursue a civil personal injury claim against all responsible parties. For a claim to be successful, a victim and their Dunedin pedestrian accident attorney must prove the following:
- The driver had a legal duty of care to avoid causing harm to others
- The driver acted in a way that breached this legal duty
- The breach in legal duty led directly to the pedestrian accident
- The pedestrian suffered injuries due to the accident
All drivers have an obligation under the law to refrain from negligence, which is a careless or reckless disregard for the safety of others, including other drivers, cyclists, and pedestrians. In many cases, drivers breach this duty by violating traffic rules and laws.
Pedestrian Accidents and Comparative Negligence
In some cases, pedestrians may share some responsibility for the accidents that led to their injuries. Like drivers, pedestrians have specific legal responsibilities to exercise due care while walking, including using crosswalks and obeying traffic signals. Pedestrians who violate these legal duties could be partially at fault, but they may still be able to recover some compensation.
Under Florida Statutes §768.81, principles of comparative fault govern personal injury cases. Comparative fault restricts the amount of damages that injury victims can seek to the percentage of their total losses for which other parties are liable.
For example, if pedestrians are found to be 30 percent at fault for the accident that injured them, they can recover only 70 percent of their damages. A pedestrian accident attorney in Dunedin may be able to evaluate potential personal injury claims and seek maximum compensation.
Deadline for Filing a Claim
Florida law sets deadlines for filing personal injury claims against third parties. Under Fla. Stat. §95.11(3)(a), the timeframe ,or statute of limitations, within which injury victims must file their personal injury claims is four years from the date of the accident that resulted in their injuries.
Individuals who fail to file their personal injury claims within the statute of limitations can lose their ability to recover compensation for their losses. Getting legal advice in a timely fashion may be the most effective way for victims to protect their claims.
Call a Dunedin Pedestrian Accident Attorney Today
Floridians and vacationers alike enjoy walking for exercise, transportation, or recreation. You should have the right to walk without fear of being struck by motor vehicles. When negligent drivers cause injuries to pedestrians, a Dunedin pedestrian accident lawyer may be able to help.
Although pedestrian crashes can be devastating, you may be able to seek payment for your injuries and hold negligent drivers accountable for their actions. Call today to set up a consultation.
