Pedestrian accidents are typically serious and may leave families devastated. Injuries sustained by a pedestrian are often fatal, and unfortunately, those who are lucky enough to survive are left with months or years of pain or other issues. If your loved one was lost in a pedestrian accident or you are dealing with the aftermath of this type of traumatic event, we want you to know you are not alone.
Our dedicated pedestrian accident attorneys are here to talk to you about the right steps to take after a pedestrian accident in Clermont, regardless of the circumstances of it. We can help you understand your rights to further compensation for serious injury or the death of a loved one. Best of all, we can tell you how to do it right and take care of a lot of the investigation for you, so that you can focus on recovery.
Essential Evidence After a Pedestrian Accident in Florida
Florida is a no-fault state. This means that in any accident, including those involving pedestrians, the injured person’s insurance covers injuries first. The injured person and their family are responsible for costs that exceed available PIP (Personal Injury Protection) coverage unless they pursue a personal injury claim against the other party involved.
Not all claims may be pursued in Florida unless the injured person establishes that their injuries meet the serious injury threshold. This is why evidence matters after a pedestrian accident in Clermont. The pedestrian must show disfigurement, scarring, or a loss of normal bodily function for at least 90 days as a result of the accident and must also show that the driver bore greater responsibility for the crash. In short, the pedestrian carries the burden of proof.
Despite these challenges, there is encouraging news for injured pedestrians and their families. In many cases, proof may be established through:
- Police reports
- Witness statements
- Medical bills and proof of lost wages
- Traffic or other surveillance cameras
The strongest claims rely on evidence from multiple sources. The more information available, the stronger the claim may be. If certain evidence is unavailable, a legal team could gather expert testimony to help establish the claim. Time remains critical, and taking prompt steps to preserve and develop evidence is essential.
The Right Steps to Take After a Pedestrian Accident
After an accident, all involved should move to safety when possible to reduce the risk of further injury. Calling 911 is essential so emergency responders arrive promptly. Law enforcement documents the scene and gathers key details, while medical personnel assess injuries and create medical records.
If the pedestrian is able, they should gather available information, including photographs of the scene from multiple angles. This step is helpful but not required, as law enforcement often photographs the scene, collects witness statements, and records other relevant facts related to the incident.
After an accident, anyone involved should avoid admitting fault. Florida applies a comparative negligence system to personal injury claims, meaning compensation may depend on how responsibility is assigned among the parties. An injured person may recover less if their statements suggest shared fault. Even remarks such as “I am sorry” or “I did not see the car” could later undermine a claim.
After leaving the scene, it is essential to:
- Seek further medical assistance
- Notify your insurance company
- Keep detailed records
If an injury is serious or results in life-altering harm, an injured pedestrian in Clermont may benefit from speaking with a legal team familiar with Florida personal injury laws.
Speak With an Attorney About the Next Steps to Take After a Pedestrian Accident in Clermont
Accidents are complicated. They are traumatic. They can change lives forever. Knowing the steps to take after a pedestrian accident in Clermont is important to all involved. Even if you feel that you may have missed a significant step, it is crucial to speak with an attorney after an accident. Contact us today, and we will talk you through what needs to happen next.