Florida is ranked as the deadliest state for pedestrians. Out of the 8,099 Florida pedestrian accidents in 2020, more than 700 of the victims lost their lives. Miami pedestrian accidents made up 15% of state-wide statistics.
Evidently, pedestrian accidents are more serious than most people would think. The injuries sustained are often serious because of the minimal physical protection. The role of a Miami personal injury lawyer is to facilitate victims and their families in their fight for compensation.
Unfortunately, the number of pedestrian accidents remains unchanged even with precautions put in place by the government. This shows that a lot still has to be done to address the problem.
What Are My Options as an Injured Pedestrian?
No matter how watchful you might be on the road, you can’t possibly predict the actions of other road users. Some road conditions might even be beyond the motorist’s control, but can still result in a bad accident.
If you are injured as you walk on the road, one or more of these might have contributed to it:
- Defective roadway conditions
- Illegal U-turns
- Motorists making a turn without checking the surroundings
- Limited visibility
- Distracted driving
- Driving while drunk or intoxicated
- Failing to stop
- Failing to check for pedestrians on crosswalks
Depending on the impact of the accident, pedestrians can suffer various degrees of injuries. But the common ones include:
- Internal injuries
- Dental or facial injuries
- Traumatic brain injury
- Broken bones
- Road rash
If it is established that another road user was at fault in the accident, your pedestrian accidents attorney in Miami, FL, can help you draw compensation from:
- The driver’s bodily injury coverage
- A lawsuit
- Claim for underinsured or uninsured motorist
- Personal injury protection (PIP) benefits
What are the Possibilities for Pedestrian Injury Compensation in Miami?
Florida has a no-fault insurance requirement that entitles you to receive PIP benefits regardless of who was at fault in the incident. So, you can claim it from your own PIP or the other motorist’s PIP. However, note that you might be barred from receiving these benefits if you do not document your injuries within 14 days.
You can also attempt to get benefits from the driver’s auto insurance company that hit you or from your own. Remember that, like most insurance companies, the auto insurance company adjuster might try to downplay the nature and degree of your injuries to avoid liability.
But the good thing about having a Miami pedestrian accidents attorney is that they will collaborate with other experts to count all your losses, and find the exact worth of your claim. Therefore, no insurance adjuster should convince you to take a lesser settlement than what your case is worth.
If the insurer isn’t willing to award the deserved compensation in full, your attorney can represent you in court. The judge can award you up to $10,000 in compensation. And if the motorist had no insurance coverage, you can use the benefits from the underinsured/uninsured motorist clause.
What are the Common Misconceptions Regarding Insurance Benefits for Pedestrians?
Many people think that you need to have been driving your car for you to receive benefits from your PIP coverage. Contrary to that belief, you are covered whether you are behind the wheels or taking a stroll around Miami. Thus, pedestrians need not worry if the other motorist had no insurance coverage.
There is also a misconception that non-residents cannot receive any form of compensation in Florida. The fact is that an injured pedestrian from another state or country cannot benefit from the $10,000 PIP benefits. However, they can sue for damages for their pain and suffering and even more in compensation.
Others also believe that pedestrians who are partly to blame for the accident cannot receive compensation for their medical bills and lost wages. Indeed, you might not receive the worth of all your losses in full. However, you will only lose out on the percentage of your fault. So, you will receive damages equivalent to the other party’s fault.
What is the Role of a Pedestrian Injury Lawyer in Fighting for My Rights?
You’ve probably been told that you need an attorney after sustaining injuries in an accident. But knowing exactly what role the pedestrian accidents attorney in Florida plays is critical. They can add value in the following ways:
- Provide sound legal advice every step of the process
- Hire specialists and experts to work out the fair value of your personal injury claim
- Stand up for you if the other insurance company blames you for the accident
- Handle all the negotiations while you channel your energy towards physical recovery
- Find the proof needed to establish liability
The most pivotal role that a Miami personal injury lawyer plays is empowering you to know what you deserve to receive in compensation. Apart from the severity of the injuries, other determinants of your case include:
- Whether you have shared responsibility in the accident
- Available insurance cover
- How severely the injuries have impacted your day-to-day life
- Your pain, suffering, and emotional distress
- Whether you have developed a disability that can affect your ability to work
- Whether the disability will be permanent
- The value of your lost wages and the amount of time you missed going to work
- How much you need for past, present, and future medical bills
An attorney will not allow you to get any settlement lower than what you deserve. They will represent you at the negotiation table while you recover physically, emotionally, and psychologically.
Compassionate Attorney Fighting for Your Rights
Pedestrian injury cases are handled slightly differently from car accidents. The rules for pedestrians also differ and can determine percentages of fault in the accident. Regardless of whether the pedestrian was at fault or not, they can still receive some form of compensation.
Injured victims should not shy away from coming forward to fight for what they deserve. And it all begins when you schedule a consultation with an experienced personal injury attorney, who will help you explore your legal options without judgment. Take the step today and get in touch to talk to an experienced pedestrian accidents lawyer.