According to Smart Growth America, Florida has the highest amount of pedestrian fatalities. This is because streets have been designed for the easy movement of vehicles while remaining unsafe for pedestrians.
When a pedestrian is hit by a motor vehicle, they have very little protection. Therefore, it is common for any injuries sustained to be severe, resulting in large medical bills and physical and emotional pain that can be life-changing. If you have suffered an accident as a pedestrian, then you could be entitled to compensation.
In Clearwater, navigating the law can be complex. You will likely have to face the driver’s insurance company, who will have legal teams and insurance adjusters ready to devalue your claim or have it dismissed. This is why it is a good idea to have the support of a Clearwater pedestrian accident attorney.
Our personal injury attorneys in Clearwater have over 75 years of combined experience dealing with the Florida legal system. They are motivated and committed to helping people seek justice, and hopefully making the streets a safer place to be a driver or a pedestrian.
Contact The Law Place today for a free consultation on (941) 444-4444.
Understanding Your Rights as a Pedestrian in Clearwater, FL
Every pedestrian in Clearwater has rights, and understanding these is crucial for your safety and your legal journey should an accident occur. The city’s laws prioritize pedestrian safety, meaning in most scenarios, drivers are required to yield the right of way to pedestrians.
Pedestrians are granted the right of way at all crosswalks, and vehicles must stop when a pedestrian is in the same half of the roadway or approaching so closely from the opposite half as to be in danger. Moreover, if a traffic control signal is not in place or not in operation, the driver of a vehicle must yield the right of way, slowing down or stopping if needed.
However, pedestrians too have responsibilities, like refraining from suddenly leaving a curb or other place of safety and walking into the path of a vehicle that is so close that it is impossible for the driver to yield.
Understanding these rights and responsibilities can play a vital role in the outcome of your pedestrian accident case. Partnering with a Clearwater pedestrian accident attorney from The Law Place ensures you’re well-informed, allowing you to make decisions that prioritize your wellbeing and justice.
At The Law Place, we believe in justice for all, and our team works relentlessly to make sure every client gets the representation and compensation they rightly deserve. If you or your loved ones find yourself facing the aftermath of a pedestrian accident, remember that you’re not alone. The Law Place is here to guide, support, and fight for you.
If you’ve lost a loved one in a pedestrian accident, our Clearwater wrongful death lawyer is here to fight for justice on your behalf. With compassion and a track record of success, we’ll help you navigate the legal complexities and seek the compensation your family deserves.
Common Types of Pedestrian Accidents in Clearwater, FL
A car stops while a pedestrian crosses the road. A less attentive motorist may cause a pedestrian accident.
The speed and size of the motor vehicle can have a big impact on the severity of the injuries in a pedestrian accident. However, severe injuries can be sustained regardless of the size and speed of the vehicle, as it can also depend on how the pedestrian hits the car and the floor.
After an accident involving a pedestrian, figuring out the cause can be complex. In order to prove that the driver behaved negligently, you should seek help from a Clearwater pedestrian accident attorney who will evaluate your case and collect evidence.
The most common types of pedestrian accidents are:
- Intersection Pedestrian Accidents – This occurs when a pedestrian tries to cross an intersection quickly, but the crossing is badly timed, and the driver does not have enough time to react and brake.
- Dart-Out Pedestrian Accidents – Dart-out is a term used when someone runs into the road unexpectedly, and the driver does not have time to react. This is not always the fault of the pedestrian, they may have been on a crosswalk, but the driver’s view may have been obscured.
- Back-up Pedestrian Accidents – Sometimes, someone can be behind a vehicle, and the driver can begin to reverse, without properly checking behind them. Back-up accidents most commonly occur in parking lots.
- Passing Pedestrian Accidents – Drivers can behave negligently and can hit a pedestrian while trying to pass another car. They may fail to see the pedestrian because their view may be blocked by something such as a bus.
- Turn and Merge Pedestrian Accidents – Sometimes vehicles turn or merge into traffic but fail to properly look for pedestrians.
- Vendor Pedestrian Accidents – On neighborhood streets, people may be waiting for food trucks or waiting for an ice-cream van when accidents occur.
If you were involved in a pedestrian accident that was not your fault, then you could be owed compensation. A Clearwater pedestrian accident lawyer at The Law Place will know how to gather evidence and build a strong case.
We’re here to serve you. Our phones are open 24 hours a day. Common Causes of Pedestrian Accidents in Clearwater, FL
There are many different reasons why a pedestrian accident might occur in Clearwater, FL. Knowing the cause is essential for obtaining compensation from the driver’s insurance company. Your Clearwater pedestrian accident lawyer will understand how to determine the cause. Some common examples are:
- Distracted Driving – Distracted driving is one of the most common causes of road accidents in Clearwater, FL. Distracted driving includes using a phone, eating, applying makeup, or even talking to passengers. The driver may fail to notice pedestrians when they aren’t paying attention.
- Speeding – The faster a vehicle is moving, the more time it takes to stop for a pedestrian. Higher speed also often results in more severe injuries.
- Driving Under the Influence – Driving under the influence (DUI) is a term used for when a driver’s normal faculties are impaired by alcohol or drugs. As a result, they may not see a pedestrian, or they might even swerve onto a sidewalk.
- Negligent or Aggressive Driving – Drivers who disobey the rules of the road, put pedestrians at risk, as pedestrians usually assume that drivers will obey. For example, the driver may run a red light or a pedestrian crossing, or they might be speeding or suddenly make an unexpected maneuver.
- Driving in Reverse – It can be difficult for drivers to see behind them, their view is often obscured. Rear cameras in new vehicles have helped to limit these instances, but they are still common, especially when drivers are pulling out of driveways or parking lots.
- Weather Conditions – Fog, heavy rain, and other poor weather conditions often limit visibility, make roads slippery, and make it more difficult for vehicles to brake quickly.
This list is not exclusive; there are many reasons why pedestrians can become injured in Clearwater, FL. No matter the cause, you should at least seek a free consultation. Out personal injury lawyers will help you determine if you have a valid claim and will guide you through the process.
We’re Florida’s top litigation team with over 75 years of combined experience Legal Process After a Pedestrian Accident in Clearwater, FL
Upon deciding to seek justice for your pedestrian accident, you’ll be entering a structured legal process. A Clearwater pedestrian accident attorney from The Law Place can significantly support you during this journey, providing both legal counsel and emotional support.
Initially, your lawyer will help you understand the evidence you need. This might involve retrieving surveillance footage, interviewing witnesses, or even reconstructing the accident scene. While collecting evidence, the attorney will also calculate the damages you can claim, ensuring all aspects of your suffering are considered.
Once evidence is gathered, your lawyer will often enter negotiations with the driver’s insurance company, attempting to obtain a settlement that truly reflects your pain and losses. Should these negotiations falter, your attorney will be prepared to represent you in court, continuing the fight for your justice.
From the initial call to updates on your case status, we are here to get you answers. What If I am Partially at Fault for a Pedestrian Accident in Clearwater, FL
You may believe that you were at fault for the accident. Even so, you should still seek advice from a Clearwater pedestrian accident attorney. You may not have all the facts, or your memory of the accident may be skewed.
Florida operates under comparative negligence. This means that so long as you are found to be less then 50% at fault for the accident, you might still be entitled to compensation from the driver’s insurance company.
For example, if you were crossing the road where you shouldn’t have been, but the driver was speeding, then you may share fault. When this happens, your settlement will be reduced by the amount you were at fault. If you are found to be 20% at fault, then the amount you receive in compensation will be reduced by 20%.
Damages Commonly Won in Clearwater Pedestrian Accident Cases
If you have sustained injures in a pedestrian accident, then you may be entitled to damages. At The Law Place, an accident attorney will seek the highest amount of compensation possible. Compensation is most commonly obtained for the below damages:
- Medical Bills – If you sustained injuries, then you should be entitled to compensation for past and future medical bills and travel to and from appointments.
- Lost Wages – if the injuries caused you to miss work, then you deserve compensation for any past and future lost earnings.
- Pain and Suffering – Following an accident, it is common to suffer emotional distress or loss of enjoyment in activities. These damages are difficult to prove and quantify. Therefore it’s important that you have an accident attorney on your side to help you.
- Wrongful Death – if you lost a family member in a pedestrian accident, then you should be entitled to compensation for funeral costs and loss of income to your household.
Contact an Clearwater personal injury lawyer for help getting the compensation you need.
Clearwater Pedestrian Accident Lawyer FAQ
What should I do immediately after a pedestrian accident in Clearwater?
After ensuring your immediate safety and seeking medical attention for any pedestrian accident injuries, it’s essential to gather any available evidence from the accident scene, such as photos, witness contact information, and details of the involved vehicles. Then, consider consulting with Clearwater pedestrian accident lawyers to understand your rights and potential compensation.
How often do pedestrian accidents occur in Clearwater?
Pedestrian accidents occur more frequently than we’d like, especially in areas with heavy traffic or where traffic laws aren’t strictly adhered to. It’s essential for both drivers and pedestrians to be aware of their surroundings to reduce the risk of accidents.
Who can be held responsible in a pedestrian accident case?
Several parties can be held liable, including the driver of the vehicle, the pedestrian, or even third parties like construction companies or municipalities if they created unsafe conditions. To determine liability, a thorough investigation by a Clearwater pedestrian accident lawyer is often needed.
Can I file a pedestrian accident claim even if the accident was partly my fault?
Yes, as of 2023, Florida follows a modified comparative negligence rule, meaning you can still recover damages in a pedestrian accident case so long as you are found to be less than 50% at fault. However, your compensation might be reduced by your percentage of fault.
What compensation can pedestrian accident victims expect?
Victims can seek compensation for medical expenses, lost wages, pain and suffering, and any other damages directly resulting from the accident. In tragic circumstances of a fatal pedestrian crash, the victim’s family might also seek damages for wrongful death.
How long do I have to file a pedestrian accident lawsuit in Clearwater?
As of 2023, the statute of limitations for personal injury cases in Florida, including pedestrian accidents, is typically two years from the date of the accident. However, specific situations might alter this timeframe, making it crucial to consult with a Clearwater personal injury attorney promptly.
How can Clearwater pedestrian accident lawyers assist me after an accident?
Clearwater pedestrian accident lawyers can help by investigating the accident, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They aim to ensure that pedestrian accident victims receive the fair compensation they deserve, considering all the physical, emotional, and financial impacts of the accident.
Speak to the Clearwater Pedestrian Accident Attorneys at The Law Place Today
If you have sustained injuries in a pedestrian accident in Clearwater or anywhere else in Florida, such as St Petersburg, Sarasota, or Tampa, FL, then contact The Law Place today.
We will help you to get the compensation you deserve. You should not be left out of pocket for an accident that was not your fault. Following serious injuries, medical bills, along with an inability to work, can quickly result in financial hardship, without the right support.
To ensure you have the best chance of winning your case, contact a pedestrian accident lawyer today. An accident attorney will help you navigate the confusing legal process and allow you to focus on your recovery.
Contact The Law Place today and speak to an experienced accident lawyer in a free consultation. We will advise you on your next steps and give you all of the information you need, so you can make an informed decision as to whether you need representation.
Contact us today for a free case evaluation on (941) 444-4444.
