Choosing to walk instead of drive comes with many advantages. For some, it is a chance to enjoy Clermont’s excellent weather. For others, it is a great form of exercise. Whether you are walking for pleasure, to get to work, or merely from your car to a store, you deserve to be safe.
Sadly, many drivers do not respect pedestrian’s rights as they should. By speeding, failing to stop for pedestrians in crosswalks, or texting while driving, they place people on foot in serious danger. If they cause an injury due to negligence, the law says that they must assume legal responsibility for the accident. A Clermont pedestrian accident lawyer is dedicated to helping you to prove this negligence and seek the compensation you deserve. Our hardworking injury attorneys at Largey Law could protect your many rights and demonstrate that you were walking carefully.
When is a Driver to Blame for a Collision with a Pedestrian?
It is easy to assume that a driver is automatically to blame when they collide with a person on foot. However, state laws never presume fault for an accident. Instead, the burden always lies on injured pedestrians to prove that a driver was negligent in causing a collision.
This might seem simple, but both a driver and their insurance company might try and argue that an injured pedestrian did not do all that they could to prevent the crash. These factors combine to make collecting monetary damages more challenging. Thankfully, proving fault for a pedestrian accident is one of the biggest ways that a skilled attorney in Clermont could help. For instance, they could take the lead in gathering the evidence necessary to show that the other driver’s negligence was the sole cause of the crash. Common examples of valuable information that a representative could implement include:
- Dashcam footage
- Photos from the crash scene
- Skid marks on the pavement
- Police reports
- Witness statements
- Accident reconstruction data
- Insurance statements
All of this evidence is crucial, and our detail-oriented team members could collect as much information as is readily available.
Important Laws that Apply to Pedestrian Accident Cases
While establishing liability is one of the main aspects of a pedestrian accident claim, there are some other nuances and laws that control these cases.
The Statute of Limitations
To begin, the statute of limitations works to prevent people from having time to collect and implement invalid evidence. According to Florida Statute §95.11, pedestrian accident plaintiffs must submit their lawsuits within four years of the accident. This statute makes acting quickly an important part of the case process.
The Concept of Comparative Negligence
Meanwhile, the legal framework of comparative negligence makes most pedestrian accident cases more challenging. Under FL Stat. § 768.81, if a pedestrian is partially responsible for the accident in question, the court will reduce the compensation it awards by the percentage of this plaintiff’s blame. For example, the court may award $100,000 in damages but assign 33 percent of the blame to the pedestrian. This will result in the claimant collecting a damage award of $67,000.
Being accused of contributing to a pedestrian accident by walking carelessly can be frustrating for any claimant, but a tenacious representative in Clermont could counter these allegations and maintain their client’s integrity.
Speak With a Clermont Pedestrian Accident Attorney about Your Case
Many pedestrian accident cases are more complex than they at first appear. Not only will you need to prove that another driver’s actions caused the collision, but to maximize your compensation, you need to show that you did not contribute to the crash.
Thankfully, handing your case over to a Clermont pedestrian accident lawyer could help you address both concerns. Our seasoned representatives could work tirelessly to protect your rights while pressing for the financial award you need. Contact us online today to learn more about how we could help.