Florida is a beautiful state with many attractions, from beaches to theme parks. However, with so many people walking, driving, and biking on the roads, accidents are unfortunately quite common. Pedestrian accidents, in particular, can have serious consequences, leading to injuries, medical bills, and even fatalities. In many cases, these accidents are caused by negligence on the part of one or more parties. In this article, we will explore the role of negligence in Florida pedestrian accidents and what you should do if you or a loved one has been involved in such an accident.
What is negligence?
Negligence is a legal concept that refers to a failure to exercise reasonable care in a situation where harm is foreseeable. In other words, if someone acts in a careless or reckless manner, and that behavior leads to an accident or injury, they may be held liable for the damages that result.
Negligence can take many forms in pedestrian accidents. For example, a driver may be negligent if they are speeding, distracted, or under the influence of drugs or alcohol. Similarly, a property owner may be negligent if they fail to maintain safe conditions on their premises, leading to a slip and fall accident.
Proving negligence in a pedestrian accident
If you have been involved in a pedestrian accident in Florida, you may be able to recover damages from the at-fault party if you can prove that their negligence caused the accident. To establish negligence, you will need to show the following elements:
- Duty of care: The at-fault party had a legal duty to exercise reasonable care to avoid causing harm.
- Breach of duty: The at-fault party breached their duty of care by acting in a careless or reckless manner.
- Causation: The at-fault party’s breach of duty caused the accident.
- Damages: The accident resulted in damages, such as medical bills, lost wages, or pain and suffering.
It is important to note that Florida follows a comparative negligence system, which means that if you are partially at fault for the accident, your damages may be reduced proportionally to your degree of fault. For example, if you were jaywalking at the time of the accident, and a court finds you 20% at fault, your damages may be reduced by 20%.
What to Do if you’ve been involved in a pedestrian accident
If you or a loved one has been involved in a pedestrian accident in Florida, it’s important to take the following steps:
- Seek medical attention: Your health and safety should always be your top priority. Seek medical attention right away, even if you don’t think you are seriously injured.
- Report the accident: Call the police and report the accident. They will create a report that can be helpful in establishing faults and damages.
- Document the scene: Take photos of the accident scene, including any damage to vehicles or property, and any visible injuries you have sustained.
- Gather information: Get the names, phone numbers, and insurance information of all parties involved in the accident, as well as any witnesses.
- Contact a personal injury attorney: An experienced personal injury attorney can help you navigate the legal process and work to recover the damages you are entitled to.
Pedestrian accidents can have serious consequences, and negligence is often a factor. If you or a loved one has been involved in a pedestrian accident in Florida, it’s important to understand your rights and seek legal help. By proving negligence and working with an experienced attorney, you can recover the damages you are entitled to and move forward with your life.
If you are looking for a personal injury attorney in Florida to help you with your pedestrian accident case, the Victory Law Firm P.A.. can provide you with the support you need. We have experience in handling a wide range of personal injury cases, including pedestrian accidents caused by negligence.
Our team will work tirelessly to investigate your case, gather evidence, and build a strong legal strategy to help you recover the compensation you deserve. We understand the challenges that come with recovering from a pedestrian accident, and we are here to guide you through the legal process every step of the way.
At the Law Offices of Victory Law Firm P.A., we are committed to providing personalized attention to each of our clients. We will take the time to listen to your story, understand your unique needs, and work to develop a plan that is tailored to your specific situation.
Don’t wait to get the help you need. Contact us today to schedule a free consultation with one of our experienced personal injury attorneys. We are here to fight for your rights and help you get the justice and compensation you deserve.