If a motor vehicle hit you while you were traveling on foot, you may be entitled to a monetary award. Drivers have an obligation to mind pedestrians near the roadway and avoid striking them. When they fail to uphold this duty, the resulting injuries could be severe.
Our Boca Raton pedestrian accident lawyer can seek the compensation you deserve. While you focus on recovering, we handle your entire case.
You Could Have Different Options for Compensation
There are different avenues for seeking compensation for injuries if you are hit by a car. Often, compensation following these accidents comes in the form of an out-of-court settlement. Because Florida is a “no-fault” insurance state, it might not always be clear which insurance policy is primarily responsible for your expenses.
Filing a Claim With Your Own Policy
You might be entitled to recover insurance benefits from your own policy. Every driver is required to carry Personal Injury Protection (PIP) insurance, and this coverage can pay for a portion of your lost wages in addition to your medical bills.
Most claims on a PIP policy occur when a driver is injured in a vehicle collision. However, this coverage is available if you are hurt in an accident as a pedestrian, too. You don’t have to be in one of the vehicles for your benefits to kick in. If you have PIP coverage, you could seek benefits following a pedestrian accident.
Filing a Claim With the Other Driver’s Insurance
If the other driver carries liability insurance as required by law, you could pursue a claim on that policy. One of the benefits of filing a liability policy claim instead of a PIP claim is that there are other types of damages that might be available.
PIP only covers your lost wages and medical expenses, but a liability insurance claim could pay out other damages like pain and suffering.
Legal Action Could Be Required in Serious Cases
It may be necessary to pursue legal action in order to secure compensation for your injuries following a pedestrian accident. This is common when the other driver’s insurance company will not pay the full amount of your damages.
If your damages are greater than the limits on the at-fault party’s policy, the insurance company has no obligation to cover the full amount.
When insurance benefits will not cover all of your losses, you have the right to file a civil lawsuit against the at-fault party. The same is true if the person that caused your pedestrian accident is not covered by insurance at all.
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Our Lawyers Could Help Evaluate Your Injury Case
Before you can recover compensation for your injuries, you must have an understanding of what your claim is worth. Some types of damages are easy to place a monetary value on, while others are not so straightforward. Our firm could work with you to place a dollar value on your losses stemming from a pedestrian accident.
In many cases, we could determine your measurable losses by relying on documentary evidence. Some examples could include your medical bills or appraisals for your damaged personal property.
Our team could also build a case for the intangible losses you are suffering. The most common example of these losses is your physical pain and suffering. While there is no way to objectively measure these damages, our attorney could show a jury the extent of your suffering. This could be done by calling witnesses who could testify to the extent of your pain.
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Your Time to File a Lawsuit Is Not Unlimited
It is important to remember that you could run out of time to file a personal injury lawsuit following a pedestrian accident. There is a legal deadline that applies to every pedestrian accident lawsuit, and this deadline is known as the statute of limitations.
The statute of limitations is found in Florida Statutes § 95.11(3)(a). For injury cases based on a theory of negligence, the statute generally expires two years from the date of the pedestrian accident. This timeline is much shorter in cases involving fatal injuries.
The statute of limitations is one of the most significant pitfalls that could threaten your pedestrian injury lawsuit. If you do not file your case on time, the court is likely to dismiss your lawsuit with prejudice. Managing the statute of limitations is only one of the ways our firm could help you pursue compensation for your injuries.
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There Are Many Causes for Pedestrian Accidents in Palm Beach County, Florida
Pedestrian accidents can happen for countless reasons. These accidents frequently stem from some form of human error. If a driver fails to watch for pedestrians in their path, they could strike one if they fail to yield the right-of-way.
Pedestrians can also play a part in causing these accidents. A pedestrian might have the right-of-way at a crosswalk or intersection, but they could be responsible for an accident if they suddenly step into the path of oncoming traffic.
Weather conditions can also play a role in pedestrian accidents. Weather conditions like heavy fog or rain could obstruct the vision of a driver, making it difficult to see a pedestrian. In these conditions, the driver still has a duty to maintain a safe speed. Poor visibility due to weather does not excuse negligent driving when it leads to a pedestrian accident.
Pedestrian Accidents Are Not Uncommon
Unfortunately, pedestrian accidents are common in Boca Raton and throughout Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 8,117 pedestrian-related crashes across the state in 2020 alone.
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Call Chalik & Chalik Injury Lawyers Today to Discuss Your Boca Raton Pedestrian Accident for Free
Pedestrian accidents have the potential to cause a lifetime of physical pain. These injuries could also leave a lasting financial impact on your life. Costly medical care could leave you in debt, which you could struggle to repay if your injuries prevent you from working.
A Boca Raton pedestrian accident lawyer could help you recover the compensation you need. If you are ready to pursue your case following a pedestrian accident, the team at Chalik & Chalik Injury Lawyers is here to help. Call (561) 826-4000 for your free consultation.
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