Personal Injury: Pedestrian Accidents
Pedestrian accidents are traumatizing to both the driver and the pedestrian. Further, they can result in serious injuries or even fatalities to the pedestrian. There are questions one must ask to see if they do have a claim to make.
Pedestrian Accident Questions
The first question to ask, is the one on fault – whose fault was the accident? It is a general thought that whenever there is a pedestrian accident, the fault is automatically the driver’s. However, while that is true in most cases, it is not true in all. Drivers are required to yield to pedestrians at marked cross walks and in other situations in the state’s traffic or vehicle code. Also drivers must obey traffic signals as well as posted speed limits. Therefore, if a pedestrian is hit by a driver violating a traffic law, the fault is easily established as being the driver’s.
However, if a pedestrian acts in a way that makes it impossible for someone driving in a normal, cautious way to avoid a collision, then the fault lies with the pedestrian. For example, if a driver is travelling at the speed limit and the pedestrian runs out from behind a parked car just a few feet in front of the driver’s car, the driver will not be held liable for the accident.
Were you injured? If you sustained injuries as a result of a pedestrian car accident and the driver is at fault for the accident. Then the injured person is most likely able to file a personal injury claim with the drivers car insurance company. Such a claim is known as a third party claim. An insurance claim is the first step to getting compensation.
In conclusion take note of the above questions and discuss them with a lawyer. Be sure to consult one of the best lawyers in Florida. Contact the Vinson Law Office.