In the Sunshine State, pedestrians often feel that they can safely walk rather than ride. Both to avoid heavy traffic areas and to enjoy the scenic beauty around them. Unfortunately, safety is not guaranteed, and pedestrian accidents happen much more frequently than most realize. The pedestrian involved is usually severely injured and traumatized by the accident, while the driver of the vehicle is typically fine.
If you or someone you love was injured in a pedestrian accident, you can seek compensation for damages. However, it is crucial that you speak with a dedicated pedestrian accident attorney who understands how to establish damages in Clermont pedestrian accidents. Our legal team would like to help you and your family.
Understanding Damages in Florida Pedestrian Accident Claims
Fault in Florida is difficult to establish because the state follows a no-fault system. This framework also makes it harder for injured pedestrians to pursue damages after an accident. Under no-fault rules, a pedestrian’s own insurance, or Personal Injury Protection (PIP), covers initial medical costs up to the policy limit. After those benefits are exhausted, the injured person may have to pay out of pocket for additional care.
The injured party may also seek compensation from the at-fault party for medical expenses and lost wages. However, to pursue compensation for pain and suffering, the serious injury threshold must be met.
To exceed the threshold, it must be determined that the victim has suffered:
- Major scarring or visible disfigurement
- A permanent loss of function
- Was killed in the accident
- Or that their injuries have prevented normal activities for at least 90 days
For Clermont pedestrian accident claims, this also requires showing that the other party was at least 50 percent responsible for the collision and that the crash caused a serious injury. Florida applies a comparative liability system, which means an injured person may share responsibility for an accident. The focus is on determining how much fault each party bears based on the facts of the case.
In some cases, determining the percentage of liability is straightforward. Even so, doing so requires sufficient evidence to persuade a judge, and handling that process could be more effective with guidance from a capable legal team.
What Evidence Will Be Needed to Establish Liability in a Pedestrian Accident?
In pedestrian accident damage claims in Clermont, providing evidence is essential because judges rely on detailed accounts of how the incident occurred to determine who is responsible. Therefore, a legal team will need to gather:
- Police reports
- Witness statements
- Traffic or business camera footage of the accident
These items help reconstruct the accident timeline and identify who was most at fault. The goal is to establish that the:
- Driver had a duty of care
- They breached that duty
- The pedestrian was injured by the driver’s actions
- And sustained serious damage because of the pedestrian accident
Establishing this is not always easy because insurance companies may try to shift the blame to the pedestrian. This can be done by showing the pedestrian failed to watch where they were stepping, failed to check for the oncoming vehicle, or was distracted in some way.
Contact Us to Discuss Damages in Your Pedestrian Accident in Clermont
Pedestrian accident claims are typically complicated in Florida because of the “no fault” law, but this does not mean there is no hope for pedestrians who were seriously injured in an accident. It simply means that more effort must be put into finding the facts and establishing a claim. We would like to help you establish your case.
Contact us at the Largey Law Firm today to discuss filing a claim for damages in Clermont pedestrian accidents. We will do our best to help your personal injury claim succeed.
