PEDESTRIAN ACCIDENT ATTORNEY IN WINTER HAVEN
In 2017, there were 284 pedestrian crashes in Polk County. Sadly, many of those accidents resulted in serious injuries. In some cases, they ended with fatalities. When a car hits a pedestrian, anything can happen.
If a vehicle hits you or your loved one, you deserve compensation. A pedestrian accident attorney in Winter Haven can tell you about your options. Abercrombie, P.A. can stand up for your rights and help you seek compensation for your accident.
THE PREVALENCE OF PEDESTRIAN ACCIDENTS
Pedestrian accidents can happen to anyone. Whether you’re crossing the street, jogging down a road, or walking on the sidewalk, you could be a victim of a negligent driver. There are many reasons a driver can hit a pedestrian.
For instance, one common cause of pedestrian accidents is distracted driving. Too many drivers are on their phones while they drive. As they stare at their phone screens, they don’t pay attention to the road. Sometimes, this causes them to swerve off the road. At other times, it causes them to not notice a pedestrian in a crosswalk.
There are other reasons for pedestrian accidents. When people are guilty of drunk driving or exhausted driving, they have a hard time controlling their vehicles. They can easily lose control and hit an innocent bystander.
Reckless driving is another common cause of pedestrian accidents. If someone is driving too quickly, they can’t stop quickly. By speeding, they put pedestrians at risk. The same is true of someone who ignores red lights and stop signs. When a person ignores the rules of the road, they are at risk of hitting a pedestrian as they cross a street.
Pedestrians have as much right to the road as other vehicles. However, they don’t always get fair treatment. Whether you are on a sidewalk or on a road, you are entitled to a safe experience. If a negligent driver causes you injury, you should seek compensation. A personal injury claim against the driver could get you compensation for your injuries and more.
WHEN IS THE DRIVER TO BLAME FOR A PEDESTRIAN ACCIDENT?
In some pedestrian accidents, the driver is not liable for the accident. For example, one Winter Haven accident occurred when a pedestrian stepped off the curb and into the road. But other accidents are the fault of the driver.
To determine fault, you need to look at what happened before the accident. If a driver acted in a way that was negligent, they are liable for the accident. But when the pedestrian does one of the following, they may be to blame:
- <li “>Fails to comply with traffic signals or signs <li “>Jaywalking <li “>Walking in a forbidden area <li “>Wears dark clothes at night <li “>Darts into the street
You may still be able to file a lawsuit if you only are partially responsible for the accident. To determine who is to blame, you should consult with a lawyer.
HOW TO HANDLE A PEDESTRIAN ACCIDENT
If you are involved in an accident, the first thing you should do is receive medical attention. This means either calling emergency services or heading to a doctor. Don’t let the cost of an ambulance stop you from getting immediate help; a successful lawsuit could pay for all of your expenses.
After you receive medical attention, you should speak to a personal injury attorney in Winter Haven. The aftermath of an accident can be overwhelming. An attorney can ease your stress. While you focus on your recovery, they can focus on building you a strong case.
Of course, there are some other things you can do to help your case. If your injuries aren’t serious, you can collect evidence at the scene. Take pictures of the intersection, the other vehicle, and any street signs. Additionally, you can collect statements from any witnesses. That said, you should never compromise your health for evidence. It’s more important that you take care of yourself than you document the scene.
There is one common mistake people make after an accident – they post on social media. Although you might be tempted to post pictures of your recovery, you should avoid doing so. If your case goes to court, the opposing counsel could use the pictures against you.
The same is true of any statements you make to others about the incident. Do your best to avoid discussing the case with anyone but your lawyer. In the end, this can increase your chance of a good outcome.
WHAT CAN A PEDESTRIAN ACCIDENT ATTORNEY IN WINTER HAVEN DO?
When a pedestrian accident occurs, the consequences can be serious. The victims have to deal with medical bills, rehabilitation, and missed workdays. Often, victims have lifelong disabilities. Brain injuries and paralysis are not uncommon among those involved in pedestrian accidents.
When you lose a loved one in a pedestrian accident, the cost is also high. On top of the medical costs, you have funeral costs and profound grief weighing you down.
In either situation, you could seek compensation. If you lost a loved one, you may be able to file a wrongful death claim. And if you experienced serious injuries, you could file a personal injury claim. Working with an attorney can help you with either option.
Because every accident case is different, the amount of compensation varies. Many factors affect the value of your claim. For example, the severity of your injuries matters. The more debilitating an injury, the more compensation you will receive. Likewise, the more invasive an injury, the higher your payout.
Another important factor is the evidence. In many accidents, the circumstances surrounding the cases aren’t obvious. You might need to dig to find evidence of driver negligence. When you have a significant amount of evidence, you have a better chance at a fair settlement. Meanwhile, less evidence can hurt your claim.
Finally, the way you settle your claim can impact the outcome. Sometimes, people want to keep their affairs private. They may want to settle the case out of court and pay a significant amount to do so. But if you resolve in the courtroom, the court makes the final decision.
Here at Abercrombie, P.A, we can help you understand your options for compensation. Our firm has the experience it takes to get results. Contact us today to learn more about our office.
Frequently Asked Questions
The following are some of the most commonly asked questions that we are happy to answer in greater detail during your initial consultation. The answers provided below are simply meant to give you a general idea of how we will go about finding the specific answers given your unique circumstances and are not intended as legal advice.
Who is at fault for my pedestrian accident in Winter Haven?
In order to determine who is at fault after any accident, there are a variety of steps that will likely need to be taken. Of course, if the responsible driver admits that they are at fault then we will be able to avoid a lot of the additional steps. However, if they either do not admit responsibility or if the situation is not so clear, then we will need to take further action.
Common steps to determine fault include eyewitness accounts, police reports, traffic cameras or dashboard cameras, and interviews with everyone involved in the crash. If the other driver is arrested or cited for a violation, this can help to support our case as well.
How much money am I entitled to as the victim in a pedestrian accident?
In order to determine the amount that a victim is entitled to after any personal injury, including car accidents, there are many different factors that will need to be considered and calculated. The most obvious and prevalent factors are the immediate costs and losses associated with the accident, such as the medical treatment for any injuries that the victim sustained, as well as any lost wages due to the victim being unable to work in their full capacity. There are, however, many other factors including a wide range of non-economic damages.
Insurance companies will attempt to save money by pushing back on every possible line item in our claim, which is why we will need to be prepared for an aggressive and complex negotiation in order to get you the money that you actually deserve.
Will I need to go to trial in order to get compensated for my pedestrian accident in Winter Haven?
There is no way to answer this question with certainty until we have reached a settlement agreement, and the damage award is deposited into your bank account. That said, there are some encouraging statistics that you can consider when trying to get an idea of what you can expect:
- <li “>While the actual settlement rate is difficult to calculate,
- that many more cases are settled than go to trial <li “>Roughly 50% of all personal injury claims are settled before any official legal complaints are filed <li “>In some estimates, nearly 95% of all personal injury cases are settled before trial <li “>We will have many opportunities, even after filing a lawsuit, to attempt negotiations before a trial begins
Should I accept the offer that the insurance company made?
The reality of our work together is that we will first attempt to reach a settlement agreement so that we can avoid a complicated, expensive, and time-consuming trial (and exhausting trial preparation). However, reaching a settlement agreement is much different than simply accepting the insurance company’s initial settlement offer.
When you are working with an attorney during the investigation of your claim, you will be shocked at the disparity between the insurance company’s offer and your attorney’s calculations. Once the insurance company submits its initial offer, the next step will be a series of aggressive negotiations intended to get you the money that you actually deserve.