Tampa Pedestrian Accident Attorney
Tampa’s streets have tallied a number of pedestrian accidents. Every year, that number grows. The reason why is largely because of distracted drivers and distracted pedestrians. Yet Florida is a no-fault auto accident state, so the question is: how are pedestrians compensated when they are struck by an at-fault driver?
Here at Roman & Roman, our Tampa pedestrian accident attorneys will attempt to answer as many of your questions concerning pedestrian accidents as we can.
Understanding Insurance Coverage in Florida
Since Florida is a no-fault state, drivers carry PIP (personal injury protection) insurance that covers themselves in auto accidents. In the case of pedestrian accidents, pedestrians can make a claim against the driver’s insurance for medical expenses and lost wages. In addition, pedestrians can make a claim against their own PIP coverage if they have it.
If the pedestrian is at fault for the accident, then they will have to make a claim against their own insurance policy. If the driver is at fault, then the pedestrian can file a claim against the driver’s insurance policy.
Pedestrians who file claims with the driver’s insurance policy should expect the driver to defend themselves by saying that the pedestrian was at fault for the accident. This is where having a skilled Tampa personal injury attorneys at Roman & Roman litigate your suit could be a major advantage.
How Can a Pedestrian Accident Attorney Help Me?
Pedestrian accident attorneys can investigate the accident. We can contact witnesses, evaluate the results of the accident, evaluate the injuries to you, the scene of the accident, and the damage to the driver’s car. From there we can reconstruct how the accident occurred and make a clear determination for why the driver was at fault.
The driver’s attorney can always counter these arguments, so depending on the strength of your case you can be entitled to collect damages from the driver’s insurance policy.
What Happens If My Injuries Exceed the Policy Limit
In pedestrian accidents, the injuries suffered by a defenseless pedestrian often exceed the $10,000 base coverage for a Florida driver’s PIP insurance. Some drivers carry Bodily Injury Liability protection which pays out in the event that they injure another party while driving. These folks, however, are not in the majority.
In most cases, when your injuries are either of a permanent nature or your damages exceed $10,000, you are entitled to sue an at-fault driver directly. When you do, you will need to prove by a preponderance of the evidence that the driver was the negligent party.
Proving Negligence in Pedestrian Accidents
Establishing negligence in a pedestrian accident requires a pedestrian to ensure that they were following all traffic laws when were hit. Unless the pedestrian was a child, pedestrians need to obey traffic laws too.
The vast majority of those who are struck by cars are the elderly, although pedestrian accidents are more prevalent due to the rise of distracted driving accidents. Pedestrians also are guilty of distracted walking. A driver may be held liable when they are speeding, texting, on a cell phone, or otherwise not obeying the rules of traffic.
Contact a Tampa Pedestrian Accident Attorney
If a negligent driver has caused your injuries, contact the Tampa personal injury attorneys at Roman & Roman. You can give us a call at (813) 877-3234 or contact us online and ask us any questions you have about your situation free of charge.