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Let’s explore the legal landscape surrounding accidents with pedestrians, exploring the avenues for pursuing a claim and the factors that influence the outcome. For more information or to begin your claim, don’t hesitate to reach out to our Fort Myers pedestrian accident lawyers – we’re standing by to help you.
Do I Have a Valid Claim?
Whether you have a pedestrian accident claim depends on various factors such as the circumstances of the accident, liability, and applicable laws. If the accident resulted from the negligence or recklessness of a driver, you may have grounds for a claim to seek compensation for medical expenses, lost wages, and pain and suffering.
To bolster your claim, it’s imperative to gather compelling evidence to support your case. Additionally, seeking guidance from the team at Viles & Beckman can be highly beneficial. Our experienced Fort Myers personal injury lawyers can assess the merits of your case, navigate complex legal procedures on your behalf, and advocate for your rights to ensure you receive fair compensation for your losses.
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Understanding Liability in a Pedestrian Traffic Accident
Understanding liability in a pedestrian accident case involves examining the actions and responsibilities of both the driver and the pedestrian.
Driver Liability
For the driver, liability often hinges on factors such as adherence to traffic laws, speed, and attentiveness. Failure to yield to pedestrians in crosswalks, speeding in residential areas, or distracted driving can increase the driver’s liability. However, if the pedestrian’s actions contributed to the accident, such as jaywalking or crossing against the signal, the driver’s liability may be mitigated.
Pedestrian Liability
As for pedestrians, their liability typically revolves around obeying traffic signals, using designated crosswalks, and exercising caution when crossing roadways. Pedestrians have a duty to reasonably ensure their safety and avoid behaviors that could lead to accidents. If a pedestrian’s actions, such as suddenly entering traffic or disregarding traffic signals, contribute to the accident, their liability may be established.
Ultimately, liability in pedestrian accidents is determined based on the specific circumstances of each case, considering factors such as negligence, duty of care, and adherence to traffic laws by both parties involved. Contact Viles & Beckman for help with your specific situation.
What Factors Can Influence Liability?
Several factors contribute to determining liability in accidents involving pedestrians. These include:
- Traffic laws: Adherence to traffic laws is a primary factor. Did the driver or pedestrian violate any traffic laws leading up to the accident? For instance, did the driver fail to yield to a pedestrian in a crosswalk, or did the pedestrian suddenly dart into traffic?
- Duty of care: Both drivers and pedestrians have a duty to exercise reasonable care. If either party fails to uphold this duty—such as a driver speeding in a residential area or a pedestrian crossing outside a designated area—it can impact liability.
- Evidence: Evidence such as witness statements, surveillance footage, and police reports play a crucial role in determining liability. This evidence helps establish the sequence of events and the actions of each party involved.
Click To ContactPursuing a Claim
If you’ve been involved in an accident with a pedestrian, you may wonder if you can pursue a claim for damages. Here are steps to consider:
- Seek medical attention: The first priority after any accident is ensuring everyone’s safety. Attend to any injuries and seek medical assistance promptly. Documenting injuries is essential for any future claims.
- Contact authorities: Report the accident to the police. Having an official report can provide valuable documentation for insurance claims and legal proceedings.
- Gather evidence: Collect as much evidence as possible at the scene. This includes photos of the accident site, contact information of witnesses, and any relevant documentation, such as medical records and insurance information.
- Notify your insurance company: Regardless of fault, inform your insurance company about the accident. They can guide you through the claims process and provide support.
- Call Viles & Beckman: If you’re considering pursuing a claim or if you’re facing a claim from the other party, consulting with one of our attorneys is advisable. We can assess the circumstances of the accident, advise you on your rights, and represent your best interests.
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Legal Considerations
Navigating the legal aspects of a pedestrian accident claim can be intricate. Here are some key legal considerations:
- Statute of limitations: Every jurisdiction imposes a statute of limitations, which is the timeframe within which you must file a lawsuit. Missing this deadline can jeopardize your ability to pursue a claim.
- Comparative negligence: Some jurisdictions follow a comparative negligence system, where damages are apportioned based on each party’s degree of fault. Understanding how this applies to your case is crucial for determining potential compensation.
- Insurance coverage: Insurance policies, including liability coverage for drivers and pedestrian coverage, can significantly impact the outcome of a claim. Understanding policy limits and coverage details is essential for pursuing a claim effectively.
Contact Viles & Beckman Now to Start Your Accident Claim
Accidents involving pedestrians can result in significant physical, emotional, and financial consequences. Understanding your rights, responsibilities, and legal options is paramount in navigating the aftermath of such incidents.
Whether you’re a driver or a pedestrian, the team at Viles & Beckman could help you increase your chances at winning a fair settlement with your case. Contact us at any time to learn more.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
