Every day in Florida, pedestrians are seriously injured by drivers who aren’t paying attention. If you’re reading this, there’s a good chance you already know how quickly life can change and how overwhelming the aftermath can feel. Did you know you could be entitled to compensation for your injuries, lost income, and more?
A pedestrian accident lawyer in Weston is instrumental in helping you secure this. From gathering evidence and handling insurance companies to negotiating a settlement or taking your case to court, an attorney manages the legal side of things so you can focus on your recovery. They’ll also make sure you don’t accept less than you’re truly owed.
You can find an experienced Weston personal injury lawyer at Viles & Beckman, The 5-Star Law Firm™. Since 1995, we’ve recovered millions of dollars for injured Floridians, and we bring more than 40 years of combined experience to every case we take on.
What is a Pedestrian Accident?
A pedestrian accident occurs when a person on foot is struck or injured as a result of a vehicle or another hazard on or near the road. These incidents can happen in many different settings and circumstances, including:
- Being struck by a car, truck, or motorcycle at an intersection
- Being hit in a parking lot or driveway
- Being injured due to a poorly maintained sidewalk or road defect
- Being struck by a vehicle that runs a red light or stop sign
- Accidents involving cyclists on shared pathways
- Hit-and-run incidents where the driver flees the scene
Regardless of how the accident happened, if someone else’s negligence was a factor, you may have a valid claim for compensation.
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Who Can Be Held Liable for Pedestrian Injuries
Liability in a pedestrian accident case isn’t always as simple as blaming the driver. Depending on the circumstances, several parties could share responsibility for what happened, including:
- A negligent or distracted driver
- A local government or municipality responsible for road or sidewalk maintenance
- A vehicle manufacturer, if a mechanical defect contributed to the accident
- A property owner whose negligence created a hazardous condition
- An employer, if the driver was operating a vehicle for work purposes at the time of the accident
Florida’s comparative fault law, outlined in Florida Statutes § 768.81, means that even if you are found to share some degree of fault, you may still be entitled to a portion of that compensation. An attorney will assess the full picture and make sure every responsible party is held accountable.
How to Obtain Compensation (in a No-Fault State)
Florida is a no-fault state, which means that after an accident, your own insurance is typically the first port of call, regardless of who was at fault. However, that doesn’t mean the at-fault party escapes responsibility entirely.
Here’s how compensation typically works for pedestrian accident victims in Florida:
PIP Benefits
If PIP benefits don’t cover the full extent of your medical costs, your own health insurance may cover the remainder. It’s worth looking at your policy carefully, as coverage can vary quite drastically depending on your provider and plan.
Lawsuits
When your injuries are severe, a personal injury lawsuit may be the most effective route to full compensation. Florida law allows pedestrian accident victims to pursue a claim against the at-fault party when injuries meet a certain threshold of severity.
The damages you can recover as a pedestrian accident victim include medical expenses, lost earnings, future care costs, pain and suffering, and loss of quality of life.
You Probably Have Two Years to File a Claim
In Florida, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you’re wondering how long you have to file a pedestrian accident lawsuit, that clock starts ticking from the moment the incident occurs.
While two years may feel like plenty of time, building a strong case takes longer than most people expect: evidence needs to be gathered, witnesses need to be interviewed, and documentation needs to be compiled. Put simply: the sooner you reach out to a pedestrian accident law firm, the better your outcome will be.
A Pedestrian Accident Lawyer in Weston Can Help You
Pedestrian accident cases can be more complex than they first appear. Insurance companies and opposing attorneys are experienced at finding ways to reduce or deny claims, and they often do so by challenging the circumstances of the accident itself.
At Viles & Beckman, we’re well-versed in combating the defenses commonly used in these cases, including:
- Crosswalk disputes: arguing the pedestrian was not in a designated crossing area
- Jaywalking allegations: claiming the pedestrian was crossing unlawfully
- Distraction claims: suggesting the pedestrian was on their phone or not paying attention
- Shared fault arguments: attempting to shift a portion of the blame onto the victim to reduce the payout
- Signal disputes: questioning whether the pedestrian had the right of way at the time of the accident
We know these tactics, and we know how to counter them. Our job is to protect your claim at every stage and make sure the truth of what happened is clearly and compellingly presented.
Book a Free Consultation
You’ve already been through a lot. The legal process doesn’t have to add to that. Our team is here to make things as simple and stress-free as possible, from your very first call right through to the resolution of your case.
Get in touch with Viles & Beckman today, and let’s fight for what you deserve.
(239) 334-3933
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