Deadly Accident Kills Pedestrian in Clearwater
ABC Station WFTS out of Tampa, Florida, recently reported on an accident where a pedestrian was killed while crossing the street. Residents of the area where the crash occurred said that they have been asking for years for a crosswalk to be put in near where the accident happened. They say that many residents, especially disabled people and children, cross the busy street in order to get to a convenience store and that the closest crosswalk is far away.
While it is not completely clear what the specific facts of the above accident were, this pedestrian accident highlights the issue of pedestrians hit by cars. What drivers and pedestrians may be especially curious about is who is at fault when a pedestrian is hit and whether the pedestrian or driver is able to recover damages for the accident. This article looks at fault and recovery as it relates to pedestrian accidents in Florida.
Fault and Insurance
Initially, payment for medical bills due to injuries from motor vehicle accidents are processed through insurance companies, due to Florida’s “no-fault” accident laws. This means that no matter who caused the accident, any injuries are first covered by the victim’s own auto insurance company. Even though the injured pedestrian was not in his or her car at the time, if he or she has an insurance policy, it will cover the injuries from the accident up to the insurance coverage amount, which is usually $10,000. If the victim is a pedestrian who does not own a motor vehicle or live with a relative to owns a motor vehicle with auto insurance coverage, then the pedestrian can seek payment of his or her medical bills from the negligent party’s auto insurance company.
In any motor vehicle accident case, including one in which a pedestrian is injured by a motor vehicle, the injured party must prove, by the greater weight of evidence, that the other party was negligent; that is, he or she breached the duty of care to act as a reasonable person would under the same circumstances.
If a judge or jury finds that one party was negligent and the negligence caused the accident, then the other party can likely recover damages. Damages include the amount of wages lost due to injuries in the accident, medical bills, pain and suffering, and other losses related to the accident.
Contact Our Clearwater Pedestrian Accident Lawyers for Help with Your Case
If you are injured in a car accident, whether as a pedestrian or a driver, you need a skilled car accident attorney on your side to help make your case in court. Our experienced pedestrian accident attorneys at Roman & Roman in Clearwater, Florida, can help you to get the recovery you deserve.