Pedestrian Rights After a Car Collision in Florida

Florida’s picturesque streets, laden with beaches, palm trees, and vibrant life, are a haven for pedestrians. However, the coexistence of vehicles and pedestrians sometimes gives rise to unfortunate collisions. When a pedestrian is involved in such an accident, the aftermath is often daunting and fraught with uncertainty. This post seeks to illuminate the rights of pedestrians post-collision in the Sunshine State, ensuring that they are equipped to move forward with confidence and clarity.

Understanding Pedestrian Rights in Florida

Right to Safety: The foremost right emphasizes that motorists must always yield the right of way to pedestrians within crosswalks, ensuring their safety. Even outside designated areas, if a pedestrian is crossing the road, drivers are expected to avoid colliding with them.
Right to Compensation: If a pedestrian is injured due to a motorist’s negligence, they have the right to seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and other relevant costs.
Right to Legal Representation: Every pedestrian has the right to seek legal counsel to navigate the complexities of the aftermath, from insurance claims to potential litigation.

Critical Steps Following a Collision

Seek Medical Attention: After a pedestrian accident, it’s paramount to get a medical evaluation. This ensures well-being and provides a medical record linking the collision to any injuries sustained.
Document the Scene: If possible, or with the help of a bystander, take photos of the accident scene, the vehicle involved, and any relevant traffic signals or signs.
Collect Information: Gather details from the driver, including their name, contact details, license number, and insurance information. If witnesses are present, their accounts can be invaluable — gather their contact details as well.
Official Reporting: Always report the accident to the local police and obtain a copy of the accident report. This can be a critical piece of evidence if legal action becomes necessary.
Stay Reserved: It’s natural to want to discuss the incident, but it’s essential to avoid making statements, especially about who’s at fault, until you’ve consulted with a legal professional.

Navigating the Legal Waters

Florida’s no-fault insurance system can add a layer of complexity for pedestrians:

Personal Injury Protection (PIP): In Florida, every motorist’s insurance includes PIP coverage, which covers their injuries irrespective of who’s at fault. If a pedestrian has their own car insurance, they must first tap into their PIP coverage, even if they weren’t at fault.
Stepping Outside the No-Fault System: If the pedestrian’s injuries are severe, surpassing a certain threshold, they can step outside the no-fault system and pursue a claim against the driver. This is where the importance of medical documentation and legal representation becomes pronounced.

Conclusion

Collisions are unexpected, and when a pedestrian is involved, the road to recovery might seem overwhelming. However, by understanding their rights and the avenues available, pedestrians in Florida can confidently seek justice and redress. With vigilance, documentation, and the right legal guidance, the journey from collision to resolution becomes navigable, ensuring every pedestrian’s rights are upheld and respected.