Check out this article to learn about these 3 pedestrian accident questions in Florida. Then call Perenich the Law Firm for a free legal consultation.
1. What are my child’s rights as a pedestrian accident victim?
When I’m asked about pedestrian accidents in Florida, what I often hear is something like this: “My child was injured as a pedestrian; what are my rights in order to make sure that my child will receive the compensation they deserve, and, more importantly, who’s going to pay for their medical bills that we’re already incurring?” First and foremost, what I explained to these clients is that under Florida law a pedestrian that is struck by a motor vehicle is required to have their medical expenses paid by their own auto insurance company, if they either own a motor vehicle or they’re too young to own a motor vehicle but they reside with a family member that owns a motor vehicle, which would fall under the PIP coverage. Under that policy, the insurance company will pay $10,000 of medical care and treatment for that child’s injuries at an 80% basis. Then the vehicle that the negligent driver was driving and the insurance company that insured that vehicle is going to have to pay that 20% that isn’t covered under that first $10,000 and any amounts beyond that $10,000.
Pedestrian accidents usually are very serious accidents. It’s important to know that as a pedestrian in Florida, if you’re struck by a motor vehicle, you have rights. You have an obligation to make sure that those bills were submitted to your own automobile insurance company on a primary basis. It’s also very important to understand in that instance that if there’s inadequate insurance, if the insurance is not available from the at-fault party that was driving the vehicle that struck your child or under your own uninsured motorist coverage, you’re entitled to seek compensation for those benefits, as well.
Here at Perenich Law Injury Attorneys we’re here to answer your questions. If your child was injured as a pedestrian, here in the state of Florida, we’re here to help you through this process to make sure that your child receives all the full damages that they’re entitled to for that injury.
2. Do I have a claim if I was a pedestrian injured by a distracted driver?
Florida recently passed a law, signed by our governor, about texting and driving, or “distracted driving.” It’s an offense; you can be cited for it as a moving violation. That also is important to keep in mind, and it’s become absolutely a horrible problem that we all have to deal with. If you’re reading this and you live in Tampa, as I do, then my bet is you have seen your fellow motorists looking down at their phone or typing on their phone, sometimes while they’re stopped at a light and sometimes when they’re going through a light, or sometimes when they’re driving on US-19 in Clearwater. I know I’ve seen it, so it’s my guess that you’ve seen it, too.
If you’ve been injured because somebody was a distracted driver, and you thought you were safe as a pedestrian, you have a claim, and it matters. It matters because they were breaking the law, of course, but they were also violating their responsibility to you to be a safe driver. I do this now almost universally in all of my cases; I send a letter to the responsible party that they have a duty under the law to preserve the evidence of their mobile devices. If they don’t, we can now go to the court and say that we presume they were distracted drivers.
We have to adapt to the world that we live in. Sometimes we think that our society is becoming safer, and then we find out that everybody’s on their phone in their cars and we realize that we’re probably less safe than we ever were. The evidence that we can get from mobile telephones can oftentimes answer that question, but that evidence can be lost. I have experience securing that evidence in cases involving distracted drivers. Do not let another day go by without hiring me to help you.
If you’ve been injured because you were a pedestrian and you think that the driver that caused the accident was distracted, let me help you get that evidence right away. It’s important, and it brings value to your claim.
3. Can someone other than the driver of a car be sued in a pedestrian accident injury?
Occasionally, I’ll talk to a client who as a pedestrian was hurt in a car versus pedestrian accident. This is a very serious situation, typically, and the client often asks if we could sue somebody other than the driver of the car. Let me say that every situation is different and requires a thoughtful analysis to determine what the best course is for the client. There may be a situation where others can be pursued, but it’s really a case-by-case scenario.
We at Perenich Law Injury Attorneys have been representing clients for approximately 30 years throughout the Tampa Bay area and Florida. We provide a free consultation, and we are happy to help.
Were you or a loved one hit by an automobile while walking or running in Tampa Bay and have more questions based on our 3 pedestrian accident questions? Contact our experienced Tampa Bay Pedestrian Accident Lawyers at Perenich Law Injury Attorneys today for a free consultation and case evaluation.
Our law firm handles cases for victims wrongfully injured by the negligence of others. Let us fight for you and your family.
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