When you head out in Jacksonville on foot, there are a lot of different traffic laws in place meant to protect you from harm from moving vehicles, including crosswalks, protected sidewalks, crossing lights, and more. Additionally, you can take steps to ensure that you are visible to cars, such as wearing bright or reflective clothing at night and even wearing a headlamp if you are running early in the morning or later in the evening. Suppose you abide by these rules and guidelines as a pedestrian. In that case, your chances of being involved in an accident will decrease significantly, but the sad reality is that there is nothing you can do to ensure that you will never be involved in an accident.
The good news is that if you are in an accident that someone else caused, there is often a path towards compensation that will cover various impacts beyond things like your medical bills and lost wages. While no amount of money will undo the accident, avoiding an accident to begin with is far better than the alternative. The fact is that a personal injury claim is meant to address the many different damages you will suffer, so you do not need to suffer the financial impacts of someone else’s dangerous behavior. Again, working with a personal injury attorney is one of the best ways to ensure that your case is comprehensive and you are working towards a fair settlement from day one.
Contact 1-800-Injured To Connect With a Pedestrian Accident Attorney Today
1-800-Injured is an attorney and medical referral service. Instead of focusing your energy on finding a lawyer, we will connect you with a law firm in Jacksonville that is ready to take your case. We will set you up with a free initial consultation, so the only thing you need to do is speak with the lawyer about your unique situation and better understand how they can help.
After you or a loved one are hurt in a pedestrian accident, seeking out an attorney in Jacksonville to take your case can feel like additional stress that is easier just to put off. This is why many people choose to simply file an insurance claim on their own, only to realize too late that they would have benefited from experienced legal representation throughout the entire claims investigation. By the time the insurer makes their (often shockingly low) initial offer, the adjuster has had weeks to build their case, meaning that your lawyer will have a lot of catching up to do. The best thing to do is partner with an attorney from day one, and we are here to help.
Determining Fault After a Florida Pedestrian Accident
In some accidents, it is abundantly clear who caused the accident. For example, a drunk driving striking a pedestrian after riding up onto the curb does not leave much room for interpretation about whether or not the victim contributed to the crash in any way. However, accidents at crosswalks, situations where a jogger was on the road at night, and various other common scenarios may be more complex to unravel. This is why it is so vital that someone calls 911 as soon as the accident takes place — a Jacksonville officer will be able to gather evidence and information while compiling an accident report.
If you can, take a video of the scene and provide narration while filming. Include as many details as possible such as your direction of travel and the driver’s, what events you believe led up to the collision, and anything else that you think is important. Don’t put yourself in additional harm’s way or exasperate your injuries to do so, though, because your pedestrian accident attorney will be able to use the information available.
Comparative Negligence in Florida
Florida uses something called pure comparative fault in personal injury cases, allowing a victim to seek compensation even if they had contributed to the accident. This works by reducing their final settlement or award in proportion to the fault they contributed. For example, a runner wearing all black at night who gets into an accident with a driver who was riding too far onto the shoulder may be found partially responsible due to the lack of reflective or bright clothing. If they accept 15% of the fault and their total damages are $100,000, the award will be reduced accordingly, and the final payment will be $85,000 after a reduction of 15%.
Comparative fault is an essential tool. It eliminates the possibility that a victim will be barred from seeking any damages if they contribute to the crash in any small way. However, insurance companies may not act in good faith all the time. They might use comparative negligence as another way to offset their costs by pinning additional fault on a victim. Your attorney will fight to ensure that you do not accept any more fault than you are rightfully responsible for so that you are not deprived of the compensation you are entitled to.
Calculating Damages For Your Jacksonville Personal Injury Claim
Concurrent to establishing clear fault, your attorney will be working diligently to gather evidence of the range of damages you have suffered and are therefore entitled to compensation for. These include economic (having monetary value) and non-economic (impacts without monetary value) damages, each equally important but substantially different. Economic damages include things like your medical bills, property damage, and lost wages. In contrast, your non-economic damages assign a dollar value to something like the actual pain and suffering of your injuries and the many emotional impacts you have likely experienced as a victim of a pedestrian accident in Jacksonville.
Compiling and calculating damages is a complex process, especially as you recover from your injuries. Once calculated, your attorney will then enter a series of negotiations to reach a final settlement agreement. If these negotiations fail, the next option may be to file a lawsuit in the Florida courts.