Can a pedestrian hit by a car receive financial compensation?

You were walking along the side of the road, on the pavement, or responsibly crossing the street, and got hit by a car. These are types of accidents that can leave a pedestrian with traumatic and life-altering injuries.

As a pedestrian, you are the most vulnerable of all road users. If you didn’t cross the street while distracted by your phone or a friendly conversation and you didn’t jump in front of a car in moving traffic, the liability lies with the negligent car driver. If this is the case, you have the right to seek financial compensation for the injuries you sustained and file a claim against the driver's or car owner's auto liability insurance policy.

Compensation is directly related to the degree of negligence

Florida follows a "comparative fault" rule, which states that the financial compensation a pedestrian can receive is directly related to the degree of negligence. Injured pedestrians are usually covered under:

• Their disability and health insurance policies.
• Employee's compensation coverage (if the accident occurs while on the job).
• One or more auto insurance policies.

Determining who is at fault for negligence when a pedestrian is involved in a collision depends on several elements of proof, such as:

• Duty of care – implies preventive and safe driving (respecting signs and regulations, acknowledging pedestrians and bicyclists in traffic, etc.). All drivers must drive safely, avoiding injuring other people, including pedestrians.
• Breach of duty - when someone does not behave reasonably, it can be established what actions the at-fault party took to oppose regular expectations.
• Causation – involves proving that the damages were inflicted as a direct cause of a breach of duty.
• Damages – requires the victim to have suffered damages (of physical, emotional, or financial nature).

If the liability lies entirely with the motorist that hit you, you need to think twice if you are willing to accept an out-of-court settlement with the driver’s insurance company. This settlement is likely to be lower than the compensation you could be entitled to, and in this case, you would be giving up all legal rights to pursue any further damages.

In many pedestrian accident cases, things happen very fast, and you may not be sure who is at fault and whether you have any legal standing to file a pedestrian accident claim. In case of any doubt, it is advised to consult with a personal injury lawyer who can thoroughly walk you through your legal rights.

Assessing the value of damages you can recover

In cases where the car driver was at fault, an injured pedestrian can receive financial compensation for the following:

• Medical and hospital-related expenses – present and long-term
• Loss of income
• Pain and suffering – in case of permanent injuries
• Scarring or disfigurement
• Emotional and mental anguish
• Loss of consortium

The amount of your financial compensation for a pedestrian injury caused by a car accident can:

• Go up to $100,000 – for more minor cases, such as broken bones.
• Increase to the $500,000 - $ 1 million range – for severe damage, like traumatic brain injury or spinal cord injury.

To maximize the value of your pedestrian accident case, you should hire an experienced attorney. If you got hit by a car, call our Miami-based office right away for a free case evaluation.