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Pedestrian accidents happen more frequently than many people realize and often have severe or fatal outcomes. In most cases, a negligent driver is at least partially responsible for a pedestrian accident.
If you, your child, or another loved one was involved in a pedestrian crash, you could be entitled to compensation for your medical expenses, property damage, lost time at work, future injury-related losses, and money for your pain and suffering. Taking swift action and pursuing an injury claim preserves your rights and could prevent an insurance company from taking advantage of you. A Miami Shores pedestrian accident lawyer at Daneri Diez could identify the parties responsible for the incident and hold them financially accountable for your losses.
It is crucial to take prompt legal action after a pedestrian accident. Sometimes, the insurance company for a negligent driver attempts to settle a case soon after the accident while the injured person is still recovering. The insurer might exploit a family’s understandable concern about paying their unexpected bills and managing without the injured person’s salary. However, these offers are almost always much less than the claim is worth.
Engaging a Miami Shores attorney soon after an accident means that the insurance company must communicate through the attorney rather than try to take advantage of a stressed-out family.
When a motor vehicle hits a pedestrian, the state’s no-fault insurance rules come into play. Vehicle owners must have personal injury protection (PIP), a form of insurance that covers anyone in the vehicle for medical expenses, regardless of who was at fault in the accident.
PIP covers any member of the household who gets hurt in a vehicle accident, even if they were in someone else’s car. If an injured pedestrian is the registered owner of a vehicle or someone in their household has PIP, it covers their injuries. If nobody in the injured pedestrian’s household has PIP, the driver’s PIP covers the pedestrian.
Navigating PIP requirements can be complicated. Anyone hurt in a pedestrian accident should work with a Miami Shores attorney to ensure they meet all the legal requirements for their claim.
PIP covers an injured person’s medical expenses and a partial wage. However, the minimum PIP coverage is only $10,000, which is not enough to cover medical expenses in many cases. The law allows injured people to bring an at-fault driver to court if they can prove their injuries are serious.
Florida Statute §316.027 defines “serious injuries.” If an injury significantly impairs any bodily functions or results in the loss of a body part, it is considered serious. Permanent scarring or disfigurement also counts as a serious injury, as does any injury that could have been fatal.
Once a pedestrian injury case reaches court, a Miami Shores attorney must prove the driver did not use reasonable care to avoid hitting the pedestrian and was, therefore, negligent. A lawyer can pursue compensation for a number of losses, including:
Every pedestrian injury claim is different. A seasoned attorney can evaluate a particular case and put a dollar value on the losses an injured person suffered.
Pedestrian accidents often cause severe injuries and lead to significant financial hardship. Filing a claim against the negligent driver can put the responsibility where it belongs; on the person who caused the accident.
Do not allow a careless driver or their insurance company to take advantage of you. Contact our Miami Shores pedestrian accident lawyers today. We are here to help you get what you deserve.
