Florida Personal Injury FAQ: Are You Entitled to Damages After a Pedestrian Accident?

by Carmen Dellutri on October 10, 2011

Fort Myers personal injury attorneyAs we have highlighted on this blog, thousands of pedestrians are injured or even killed in Florida pedestrian accidents every year. Following a serious Florida pedestrian accident, many victims are left wondering whether their situation merits the filing of a personal injury lawsuit. As a result, many crash victims who have legitimate claims never pursue their legal options.

As Florida personal injury attorneys, we hope to arm you with the basic information needed about a pedestrian accident lawsuit.

In general, a pedestrian may recover damages for his or her injuries if someone else's negligence caused the accident. For those unfamiliar with the term, negligence is defined as the failure to do (or not do) something that a reasonable person would, in a similar situation, in order to protect others from foreseeable risks.

In order to establish negligence in a Florida pedestrian accident, the injured person must prove that the responsible party:

  • Owed a legal duty to the plaintiff under the circumstances;
  • Failed to fulfill ("breached") that legal duty through conduct or action (or through a failure to act);
  • Caused an accident or injury involving the plaintiff; and
  • Harmed or injured the plaintiff as a result.

Whether the pedestrian is entitled to damages is largely determined by analyzing the facts of the accident as they relate to each of the factors listed above.

In addition, when a Florida pedestrian accident occurs, there may be more than one party that is responsible (legally speaking) for the accident. Depending on the circumstances of the accident, those with potential liability include:

  • The driver of a vehicle that strikes a pedestrian;
  • The party responsible for maintaining the sidewalk, roadway or parking lot where the accident occurred; and
  • The pedestrian himself or herself.

If you have been injured in a Florida pedestrian accident, it is important to speak with an experienced personal injury attorney who can carefully evaluate the circumstances of your accident and assess the merit of your legal claims.

Source: FindLaw

The Dellutri Law Group is focused on making bad situations better and putting lives back together. If you or someone you love has been seriously injured in a Florida pedestrian accident caused by someone else’s negligence, you may be entitled to compensation.

To learn more about your legal options, contact our experienced Florida injury attorneys for a free consultation. 

Previous post:

Next post: