Utilize the services of a Bradenton pedestrian accident lawyer to recover the costs of injuries you sustained through no fault of your own. Pedestrian accidents here in Florida remain especially devastating, leaving victims with a lifetime of physical and mental trauma that could last a lifetime. A personal injury lawsuit remains in your best interests, working to support your long road to recovery and ensuring that you can receive the care you need to move on from this difficult chapter of your life.
Personal injury attorneys play an incredibly important role following a serious pedestrian accident. The resulting legal process, negotiation with insurance companies, and the long road to recovery remain complex, especially if you are currently managing the aftermath of a collision. Your attorney can help you navigate these matters, advocating for you throughout the legal process and helping you secure compensation that addresses the severity of your injuries.
Use this guide to learn more about the nature of pedestrian accidents in Bradenton, but also the state’s personal injury laws and the role an attorney can play following an accident.
Key Laws Affecting Pedestrian Accidents in Bradenton, Florida
Florida Statute 316.130 articulates the many responsibilities of pedestrians and drivers here in Florida. It covers the duties that pedestrians and drivers have to one another in order to keep roads safe. These laws require pedestrians to use sidewalks appropriately, obey traffic signals, and for drivers to yield to pedestrians in both marked and unmarked crosswalks.
Sub-section 15 remains especially important for drivers, as it states that,
“Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle, and give warning when necessary, and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”
Sub-sections three and four are also highly important for pedestrians, stating that,
“Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.”
Further, the statute also states that,
“Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.”
These laws are intended to legally compel drivers to exercise due care in order to prevent collisions, especially at busy intersections, crosswalks, and city streets. Violation of these laws can expose drivers to personal injury lawsuits, as they can be deemed liable for the damages they have caused to pedestrians who are found to be carefully obeying these laws.
Overview of Pedestrian Accident Scenarios
Pedestrian accidents here in Bradenton occur for many different reasons, but some of the most common scenarios include:
- Distracted Driving, which includes using a phone, handling electronics, and eating or drinking while driving. Even passengers can distract drivers from their responsibilities to keep roads safe.
- Failing To Yield To Pedestrians at crosswalks or major intersections, failing to give pedestrians the right-of-way, as outlined by Florida Statute 316.130.
- Speeding, which can limit a driver’s ability to stop in time to avoid collisions with pedestrians.
- Impaired Driving, including impairment from drugs, alcohol, and fatigue.
- Reckless Driving, including instances of illegal turns, failing to check blind spots before backing up, or failing to stop at traffic lights or stop signs.
- Weather-related factors, including driving in rainy or foggy conditions, or even at night.
- Pedestrian Negligence, which can include unsafe crossing, failing to obey traffic signals, or jaywalking.
The resulting injuries sustained by a pedestrian accident involving a motor vehicle are often devastating, sometimes requiring years of rehabilitative services, specialized care, corrective surgeries, or even accidental death.
Steps to Take After a Pedestrian Accident in Bradenton, Florida
Follow these steps following a pedestrian accident in Bradenton, Florida.
- Step 1: Get to safety if you can and look to avoid further injury. Call 9-11 if you are able to and request emergency services.
- Step 2: If you are able to, document the accident with notes and photographs. Consider taking photos of the scene, and gather the information of all parties involved, including the driver. Collect a driver’s personal contact information, including details about their insurance. Should others have witnessed the accident, collect notes about what they saw and gather their contact information as well.
- Step 3: Seek out the medical care you need to address your accidents. Do so as soon as reasonably possible. Wait for emergency services at the scene of the accident.
- Step 4: Speak to an attorney as soon as reasonably possible. The many details surrounding your case must be quickly collected, and early legal intervention can help ensure favorable case results following an accident. Consider making one of your first calls during your recovery to a qualified personal injury attorney. In the event you are unable to reach out to an attorney, request that a neighbor, family friend, or family member reach out to a law firm on your behalf.
Liability in Pedestrian Accident Cases From a Pedestrian Accident Attorney Bradenton
The state’s personal injury laws allow injured parties to recover the costs associated with their injuries from a negligent driver who was deemed liable for the collision itself. Your attorney is tasked with researching the details of your case and articulating how a driver’s negligence caused harm to a pedestrian.
Many damages can be recovered with a personal injury lawsuit, including far more than a victim’s immediate medical expenses. These kinds of injuries come with life-changing consequences, including lost wages, lost earning potential, pain and suffering, emotional damages, and so much more. Personal injury laws dictate the amount of compensation available to victims, helping them move on from the injuries they experienced due to the negligence of another party.
In some cases, pedestrians can be held liable for their own negligence that contributed to an accident. This can influence case results, as a pedestrian can be deemed to have been partially at-fault for their accident. Speak to an attorney to learn more about these matters and how they can influence your personal injury case.
Federal and State Regulations Regarding Pedestrian Safety in Florida
Some pedestrian collision cases here in Florida may include more than just the driver involved in an accident, but also the municipality in which the accident occurred. Drivers and pedestrians are governed by state laws, while federal safety regulations call for municipalities to keep roads and intersections safe.
Should a municipality have failed to maintain its roads properly, failed to ensure traffic signs are not properly visible, or traffic signals were found to have malfunctioned, a municipality could be deemed at fault for sustained injuries associated with a pedestrian accident.
Each case is unique, and your attorney will conduct deep research into the circumstances of your pedestrian accident to pinpoint fault and pursue compensation from negligent parties.
Common Misconceptions About Pedestrian Accident Cases in Florida
Some common misconceptions related to pedestrian accident cases here in Bradenton, Florida include:
- Fault is Automatic: Determining fault in a pedestrian collision requires an attorney to research the many details of what transpired at the scene of the accident. Even pedestrians who had the right-of-way during a serious collision could still have been deemed negligent, contributing to their own accident. Every case is unique, and every detail of your accident will be considered in your case. Fault is never automatic in these kinds of cases.
- Jaywalking Automatically Means a Driver Was Not At Fault: Victims who were struck by a vehicle while jaywalking in Florida could still sue the driver who caused them harm. In the event they are found to have contributed to either 50 per cent or less of their accident, they can still pursue a lawsuit against a driver.
- Florida’s Personal Injury Protection (PIP) Covers a Pedestrian’s Injuries: The injuries associated with pedestrian accidents are often far more than the $10,000 of PIP insurance coverage that drivers in the state maintain. As such, a pedestrian has the legal right to recover damages beyond PIP insurance coverage with a personal injury lawsuit.
Most importantly, victims of these types of accidents need a qualified personal injury attorney. Never assume anything in these matters, and always retain sound legal representation that can offer clarity, but also provide answers to any questions you may have. Look to attorneys who have a long and historical track record of success in similar cases, helping you secure the compensation that you are legally entitled to according to Florida’s personal injury laws.
Legal Process Overview for Pedestrian Accident Cases
Gerber Law remains a full-service personal injury law firm focused on delivering justice to clients and ensuring their legal rights are protected throughout every detail of the legal process.
We begin with a free, no-obligation consultation call to learn more about your case and determine whether or not a lawsuit is the next appropriate step. Our attorneys gather relevant evidence and perform an independent investigation conducted on your behalf, pinpointing key details that can articulate exactly who is to blame for the injuries you sustained through no fault of your own.
Our team also handles communication with your insurance provider, working to avoid denied claims and holding insurance providers accountable for the policies they provide. Further, our team handles the details of the resulting legal process, filing a lawsuit against responsible parties, and working closely alongside the attorneys who represent insurance companies or municipalities.
Oftentimes, our team can negotiate with the attorneys who represent defendants, securing a settlement that is in line with your needs. When necessary, our firm represents your best interests in an upcoming trial, where a judge or jury will make a final decision on your case.
Gerber Law focuses on providing exceptionally compassionate and dedicated legal services, working to offer clear communication regarding your case, keeping you well-informed of every detail. Our services are offered on contingency, meaning we are only paid in the event your case is a success. This makes our legal services accessible to any victim of a pedestrian collision with very little initial cost.
Let Gerber Law focus on handling the many details of your case while you focus on recovery.
Legal Help for Pedestrian Accidents Bradenton: Importance of Documentation
Clients should make a point of collecting every bill associated with their personal injuries. This includes more than the obvious hospital bills, but also transportation costs, damage to your personal property, and details regarding lost wages. Keep this information carefully stored away on a USB drive, and prepare to provide it to your attorney.
Your attorney is also tasked with considering how these injuries will impact your quality of life years after the accident itself. In many cases, accident victims will require specialized care, therapy, and rehabilitative services for years after the accident occurred. In some cases, a pedestrian accident could limit your ability to walk, enjoy life, or be an effective parent. A personal injury attorney can lean on their professional network to determine the full impact of your injuries and what type of care you will need in the future.
There are many cases that will require years of emotional and physical rehabilitation support post-accident. You shouldn’t have to incur these costs on your own, and a lawsuit can work to support your best interests and preserve your quality of life for the long term. Work closely with your attorney to provide them with relevant medical documentation to help them assess the severity of your injuries and secure compensation that helps you in the long term.
Contact Gerber Law Today, Your Choice For Bradenton Pedestrian Injury Lawyer
The process begins with a simple phone call or email directly to our firm. Our team remains on stand-by to support victims, available on short notice at all hours of the day. Our local knowledge of court systems and long track record of success means you are in the very best of hands for this difficult chapter of your life.
We can’t stress enough how important it is for you or a loved one to contact us as soon as reasonably possible following a serious pedestrian incident here in Bradenton. Don’t delay in such matters, and leave these often complex legal matters to the attorneys who have secured favorable results for cases just like yours.
Reach out to us 24 hours a day, 365 days a year. Contact Gerber Law, and call or email us at 941-484-2700, or via email by visiting our contact page.
There is no need for you to take these matters on alone. Lean on the experience of Gerber Law and let us help you move forward.
