The beautiful weather in New Port Richey encourages people to get out and walk more frequently than in less favorable climates. Unfortunately, the additional foot traffic leads to a greater potential for pedestrian accidents, often resulting in serious injuries.
If you are suffering the effects of a pedestrian accident, a New Port Richey pedestrian accident lawyer could provide assistance. An experienced personal injury attorney could speak on your behalf, fielding questions from insurance companies and investigators so that you can focus on healing. An attorney could also investigate to determine the causes of the accident and explain your options moving forward.
Comparative Fault in Pedestrian Accident Cases
Pedestrian accidents frequently result from a combination of factors. For instance, the driver of a vehicle may bear primary responsibility for the accident due to making a left turn without watching for people crossing the street. At the same time, the pedestrian may have strayed slightly out of the crosswalk, reducing visibility to the motorist.
In that situation, a jury might find that the victim was partially responsible. Under the state’s comparative fault rule in Fla. Stat. §768.81, the pedestrian’s contributory fault will not prevent recovery in a personal injury claim against the driver. However, the degree of fault will reduce the amount of recovery by a proportionate value. A New Port Richey pedestrian accident lawyer could estimate the effect contributory negligence might have on a particular case.
Damages May Offset Several Different Results of an Accident
Just as there may be more than one cause of a pedestrian accident, there are often many consequences. An injured pedestrian is likely to suffer both economic and noneconomic losses.
Noneconomic losses include factors that are difficult to quantify, such as pain and suffering and emotional distress. Economic losses include lost income due to time off work, medical expenses, and modifications to the home to accommodate an injury. A pedestrian accident lawyer in New Port Richey could identify all of a victim’s losses and calculate a fair value to pursue in settlement or trial.
Evidence Needed to Establish Liability
Before an injured individual may recover compensation for an accident, that individual must demonstrate that the negligence or deliberate wrongdoing of another was at least partially responsible for causing the accident. A New Port Richey pedestrian accident lawyer could help an accident victim establish liability by presenting evidence and explaining how that evidence proves causation.
The best opportunities for collecting evidence are usually right after an accident. As more time passes, the accident scene may change, witnesses may be harder to find, and video footage showing the incident may be deleted. Prompt action from an attorney could preserve evidence for use in settlement negotiations and at trial.
Consult a New Port Richey Pedestrian Accident Attorney
Drivers owe a duty of care to others on the roads, including pedestrians. When drivers fail to fulfill their responsibilities, it is only fair to require them to shoulder some of the burden caused by their actions.
A New Port Richey pedestrian accident lawyer could help you recover compensation to help meet future needs if you have suffered injuries in an accident. To learn more about your options and how to protect your rights, call now for a free consultation.
