Compensation for Pedestrians Injured in Crosswalk Accidents

The compensation pedestrians can recover after being injured in crosswalk accidents depends on the specifics of their injuries and their case. We know how scary and traumatic being hit by a car can be. Our Florida pedestrian accident lawyers handle every aspect of your case so you can focus on your recovery.

Recoverable Damages in a Pedestrian Crosswalk Accident Claim

If you were hit by a car while you were walking through a crosswalk, you may be entitled to any losses your injuries have cost you. This could include both economic and non-economic damages.

Medical Bills

Pedestrian accident injuries and the treatment they require are often costly. Pedestrians have no protection from the impact of a vehicle or the road, so they often suffer catastrophic or even fatal injuries. Pedestrians may need treatment at a local trauma center or substantial emergency care at a local hospital.

You can recover compensation for all your related medical bills, including:

• Hospitalization
• Surgery
• Prescription medications
• Ongoing care
• Mental healthcare
• Occupational therapy
• Physical therapy

Lost Wages

Recovering from being hit by a car can take weeks or even months. You can recover all the wages you lost during this time.

Lost Earning Capacity

Injuries from a pedestrian accident can affect your ability to work long-term. If you needed to switch to part-time work, take a lower-paying job, or retire from the workforce, you can recover those losses. You can also recover your lost benefits.

Miscellaneous Expenses

Most accident victims aren’t aware of all the damages they can recover. However, there are countless damages that may be compensable in your case, such as:

• The costs of getting to and from medical appointments (e.g., rideshare costs if you are unable to drive, gas money, or parking costs)
• The costs of renovating a home or vehicle to accommodate your injuries (e.g., installing a handbrake on your vehicle, widening doorways to allow a wheelchair, or installing a wheelchair ramp)
• The costs of household help (e.g., childcare, yard maintenance, or housekeeping)

Pain and Suffering

Being hit by a car is scary and the injuries are often very painful. You may be entitled to compensation for your emotional and physical pain and suffering. You can also recover compensation for any anxiety, depression, or post-traumatic stress disorder your accident caused.

How Do I Recover Compensation for a Pedestrian Accident?

To recover compensation, you must establish the following:

• The driver owed you a duty of care.
• The driver breached this duty.
• The breach caused the accident and your injuries.
• You suffered damages.

Can I Recover Compensation if I Was Partially At Fault?

Yes. Florida’s modified comparative negligence law allows injured people to recover compensation even if they contributed to the accident or their injuries. There are two important things to note:

• You must be 50% or less responsible for the accident or your injuries to recover compensation.
• Your percentage of fault will decrease your recoverable compensation.

You could share fault if:

• You did not have the right-of-way. For example, if you were facing a “Don’t Walk” sign and proceeded into the crosswalk, you could share liability for the accident and your injuries.
• You had the right-of-way but stepped in front of a vehicle without looking first. Drivers should always remain on the lookout for pedestrians, but pedestrians must also do what they can to avoid being hit by a car.

Can I Recover Compensation Even If the Crosswalk Was Unmarked?

Yes. Pedestrians have the right-of-way in both marked and unmarked crosswalks.

Whose Insurance Covers Me After a Pedestrian Accident?

Florida is a no-fault state, which means that you turn to your own car insurance if you are injured in an accident. This can be confusing, as you weren’t in a vehicle when the accident happened. However, you have a few different options:

• You can turn to your own Personal Injury Protection (PIP) coverage if you own a vehicle.
• You can turn to the PIP coverage of someone in your household.
• You can turn to the driver’s PIP coverage. PIP policies cover the driver, passengers, and any “other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle.”

If your injuries meet certain criteria, you could step outside the no-fault system and file a liability claim against the driver’s insurance company. This would allow you to recover non-economic damages and other economic damages the PIP policy(s) didn’t cover.

What to Do After Being Hit By a Car

The moments and days after a pedestrian accident are terrifying and disorienting. Performing these tasks can help ground you as well as protect your health and your right to compensation.

• Call 9-1-1 if you are able. Have local law enforcement and paramedics come to the scene. If you are unable to call, have someone on scene call for you.
• Get out of the roadway if possible. We want to prevent you from suffering any further injuries.
• Do not tell the driver that you are okay, even if you are unsure whether you are injured. Your body is likely experiencing a surge of adrenaline that could be covering up symptoms or pain.
• Take photos of your injuries and the scene.
• Report the accident to your insurance company as soon as possible.
• If you did not receive medical care at the scene, go to the ER, urgent care, or your primary doctor as soon as possible. If you fail to receive medical care within 14 days of the accident, you will likely be unable to recover PIP benefits, per Florida Statute § 627.736.
• Don’t give the driver’s insurance company a recorded statement. The insurance adjuster wants you to say something they can use against you. Instead, direct their questions to us. Insurance companies know we’re a force to be reckoned with.
• Don’t accept a settlement offer without running it by us. The first offer is typically much less than you deserve.
• Get legal help from one of our Florida car accident attorneys.

Learn More About the Compensation You Could Recover After a Pedestrian Accident

The Meldon Law team can review your case and determine what compensation you may be entitled to. We handle cases with no upfront fees.

Call us today to get started.