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Pedestrian Accident Attorney in Gainesville, Florida

When a car collides with a person on foot, the pedestrian always comes out the loser. In fact, in 2021 alone, 7,624 pedestrians were killed and an estimated 60,577 were injured by motor vehicles in the United States. This equals approximately one fatality every 1 hour and one injury every 9 minutes.

At the law firm of Fine, Farkash & Parlapiano, P.A., we represent injured pedestrians and the families of wrongful death accident victims in Florida. With more than 100 combined years of experience, our Gainesville pedestrian accident attorneys will get the compensation you deserve.

Walkers And Joggers Have Legal Rights

Although some drivers don’t act like it, pedestrians do have a legal right to the road. They are entitled to use designated crosswalks, sidewalks and other sections of road, and they often have the right of way over motor vehicles. Our law firm fights to hold reckless or careless drivers responsible for the harm they cause. Common causes of pedestrian accidents may include:

  • Drunk driving
  • Driving under the influence of drugs
  • Speeding
  • Distracted driving
  • Making illegal turns
  • Ignoring red lights or stop signs
  • Failing to yield to people in crosswalks

Have A PIP Insurance Claim In Florida? We Can Help

Did you know? If you were hit while crossing the street or even standing by your vehicle, you may qualify for personal injury protection (PIP) coverage. Our team of personal injury lawyers is ready to help you secure the necessary benefits for medical care and other expenses.

If you were seriously hurt or someone you loved was killed because of a careless driver in Florida, don’t wait. For a Florida pedestrian accident lawyer serving Gainesville, call Fine, Farkash & Parlapiano, P.A., at 352-372-7777 or contact us online. We offer a free initial consultation and charge no fees of any kind unless we recover money for you from your pedestrian accident case.

Impact of a Vehicle on the Body

Modern vehicles are designed with various safety mechanisms aimed at minimizing harm in the event of car accidents. While these advancements can enhance the safety of vehicle occupants, pedestrians remain vulnerable. Without any protective barriers, the human body can sustain devastating damage when struck by a vehicle. Some common injuries a pedestrian might experience include:

  • Fractured or broken bones: The force of a collision can easily break the human bone structure, requiring surgical intervention and long recovery times.
  • Deep cuts and lacerations: These wounds can lead to significant blood loss and may result in scars or other permanent disfigurements.
  • Internal injuries: The impact can damage internal organs causing internal bleeding or other life-threatening conditions.
  • Spinal injuries: Any harm to the spine can be particularly debilitating, sometimes leading to paralysis or chronic pain.
  • Head trauma and traumatic brain injuries (TBI): Such injuries can range from concussions to more severe forms of TBI, often leading to long-term cognitive, emotional, and physical challenges.

The aftermath of these injuries often entails extensive medical care, prolonged therapy, and the potential for permanent physical or cognitive disabilities. For many, their pre-accident state of well-being becomes a distant memory.

It’s essential that those affected by pedestrian accidents in Gainesville seek dedicated legal assistance. A pedestrian accident attorney can advocate on your behalf, navigating the complexities of insurance claims and legal procedures. Whether settling with insurers or representing victims in court, having an attorney by your side can make all the difference in achieving a just outcome.

Traffic Safety Laws in Gainesville

Both motorists and pedestrians in Gainesville share a mutual obligation to ensure safety on the roads. Florida Statutes provide distinct guidelines detailing the duties of drivers and those traveling on foot.

Duties of Drivers

Per Florida Statute § 316.130(15), drivers are bound by law to exercise due care to prevent a collision with pedestrians. This duty includes actions such as:

  • Alerting pedestrians of their approach using horns when necessary.
  • Being especially vigilant around those who may be more vulnerable, including children, the elderly, or individuals who seem disoriented or impaired.

In Florida, pedestrians generally have the right of way. As such, drivers must yield to pedestrians at both marked and unmarked crosswalks, regardless of traffic signals.

If one vehicle stops to allow a pedestrian to cross, other vehicles traveling in the same direction must also come to a stop. Additionally, when entering or exiting driveways, alleys, or private roads that cross sidewalks, drivers must wait for pedestrians to pass before driving on.

Responsibilities of Pedestrians

Sections of the Florida Statute outline specific rules for pedestrians to enhance their safety. Pedestrians are mandated to:

  • Adhere to traffic control devices and signals.
  • Only cross the road when it’s safe and never disrupt the flow of vehicular traffic.
  • Avoid crossing roads diagonally unless authorized by traffic control devices.
  • Use pedestrian pathways, overhead bridges, or tunnels when provided.

In Florida, if an injured pedestrian is found not to have followed these regulations, it can impact the outcome of a legal claim following an accident. This non-compliance might be presented as evidence, potentially nullifying any compensation claims. Anyone involved in a pedestrian accident in Gainesville should consult a knowledgeable local attorney to fortify their case against potential counter-claims.

How Our Gainesville Pedestrian Accident Attorneys Support You

After a pedestrian accident, you need time to heal and be with your family. That’s where our team at Fine, Farkash & Parlapiano, P.A. comes in to help.

Here’s what we’ll do for you:

  • Collect proof for your case
  • Figure out who’s at fault
  • Work out what your pedestrian accident case is worth
  • Talk to the insurance company for you
  • Use the right laws for your benefit
  • Handle the paperwork for claims or any court proceedings

Worried about lawyer fees? Don’t be. We work on a contingency fee basis. That means you don’t pay us upfront. We only get paid if you get money from the case. To learn how our Gainesville pedestrian accident lawyers can help you get the benefits you need to cover medical care and other expenses, contact us today.

What Should I Do After a Pedestrian Accident in Gainesville?

In the immediate aftermath of a pedestrian accident in Gainesville, emotions and uncertainties can be overwhelming. However, taking the right steps can significantly impact the trajectory of your recovery and any subsequent legal claims. Here’s what you should do after a pedestrian accident:

  • Prioritize Safety: If you can move without worsening injuries, relocate to the sidewalk or another safe area to prevent further danger from ongoing traffic.
  • Seek Medical Attention: Even if you feel fine, internal injuries or concussions may not present immediate symptoms. Consult with a medical professional immediately to ensure that potential internal injuries, concussions, or other subtle harm are promptly diagnosed and treated.
  • Report the Incident: Reporting the accident is not only a legal obligation but also a necessary step in documenting the event. The police will draft an official report which can be pivotal when making a claim later.
  • Document Everything: Capture photographs of the scene, your injuries, and any potential evidence. Collect witness contact information and statements if available.
  • Do Not Admit Fault: Be cautious about what you say at the scene. Avoid making statements that could be interpreted as admitting fault.
  • Notify Your Insurance Company: While you weren’t in a vehicle, your Personal Injury Protection (PIP) policy may cover medical expenses. Inform your insurance company of the incident without providing exhaustive details until you have legal counsel.
  • Limit Social Media Exposure: Social media posts can be misconstrued or taken out of context. Refrain from sharing details or photos of the accident online as these could be used by opposing parties in attempts to undermine your claim.
  • Consult with an Attorney: Before discussing anything with an insurance adjuster or accepting settlements, it’s wise to consult with an experienced pedestrian accident attorney.

A Pedestrian Accident Attorney Investigates on Your Behalf.

When you’re the victim of a pedestrian accident, your main focus should be on healing and recovery. Meanwhile, gathering evidence and piecing together the details of the incident can be complex and challenging. A pedestrian accident attorney can help you with the following:

  • Evidence Collection: Our attorneys don’t just rely on your accounts. We will meticulously comb through the accident scene, secure relevant surveillance footage, and collect witness testimonies for a comprehensive view of the incident.
  • Medical Records Analysis: A clear understanding of your injuries is essential. Our pedestrian accident attorneys will collaborate with medical experts to gauge the severity of your injuries, the potential for long-term consequences, and to establish a clear record of treatment expenses.
  • Determining Liability: Establishing fault is central to any claim. Your attorney will evaluate whether the involved driver breached traffic regulations or was negligent in any manner leading to the accident.
  • Negotiating with Insurance Companies: Insurance companies often seek to minimize their payouts. A pedestrian accident attorney will ensure that these companies fairly assess and honor your claim.
  • Seeking Expert Testimonies: If necessary, we will enlist professionals in various fields like accident reconstruction or medical specialists to strengthen your claim.
  • Preparing for Trial: Not all claims get settled outside court. If negotiations don’t yield a just settlement, your attorney will prepare to fight for your rights in a courtroom setting.

Ultimately, a personal injury lawyer acts as your advocate. They will work tirelessly to help you win your case and ensure you receive the compensation you deserve.

What Compensation Might I Be Entitled to For My Pedestrian Accident?

When you’re involved in a pedestrian accident, you may experience physical pain, emotional distress, and financial uncertainty. If the accident was due to someone else’s negligence, you have the right to seek compensation. Damages available for pedestrians can include:

  • Medical Expenses: If you’ve been injured in a pedestrian accident, you could be entitled to compensation for your medical bills. This includes all the immediate and future costs related to your injuries. Your pedestrian accident claim may cover emergency room visits, surgeries, hospital stays, medications, rehabilitation, physical therapy, and any other related treatments or procedures you might require.
  • Lost Wages: If your injuries force you to miss work, you can recover compensation for the income you’ve lost. This also includes potential future earnings if you’re left unable to return to your job or if your earning capacity is diminished due to the injuries sustained.
  • Pain and Suffering: Beyond the tangible financial losses, accidents can bring about physical pain and emotional suffering. While it’s challenging to put a monetary value on these experiences, the legal system still recognizes them. You can be compensated for the physical discomfort and emotional distress you undergo.
  • Loss of Enjoyment: Injuries might rob you of enjoying daily life activities, hobbies, and recreational pursuits. Whether it’s a sport you can no longer play or a hobby you can’t pursue, the diminished quality of life can be considered in your compensation.
  • Loss of Consortium: This refers to the impact the injuries have on your relationship with your spouse or family. While it predominantly focuses on a loss of intimacy with a spouse, it can also include the loss of companionship or the inability to maintain familial roles.
  • Punitive Damages: In cases where the defendant’s actions were particularly egregious or reckless, the court might award punitive damages. These aren’t meant to compensate you, but rather to punish the wrongdoer and deter similar behavior in the future.
  • Property Damage: If any personal belongings (like a phone, watch, or any other item) were damaged during the accident, the cost of repair or replacement can be factored into your compensation.

Florida’s Statute of Limitations

Recovering from a pedestrian accident can be challenging. Our dedicated attorneys understand the challenges you face — from coping with physical ailments to confronting the emotional aftermath. While prioritizing your health and well-being is paramount, it’s equally crucial to act quickly to get the justice you deserve.

Florida has changed its statute of limitations for personal injury claims. If you were injured on or before 3/23/2023, you have four years to file your claim. For accidents after that date, the time reduces to two years.

Focusing on your recovery doesn’t mean neglecting your legal rights. Our team of pedestrian accident lawyers serving Gainesville are here to handle the legal intricacies of your case and ensure all necessary documents are filed promptly. This preserves your rightful claim to compensation.