Pedestrians have the right of way just like cyclists and motorists using the same road. Measures such as crosswalks, traffic lights, and sidewalks are in place to enhance pedestrian rights. However, pedestrian accidents often occur because of negligent motorists. According to research by Smart Growth America, Florida has been designated as one of the nation’s highest-risk states for pedestrians.
Tampa Bay, FL, has five shipping ports, and many roads crisscross the region on their way to and from these ports. Consequently, roads are full of motorists and pedestrians, a perfect recipe for pedestrian accidents. If you’re a resident of Tampa and a careless motorist hits you causing physical and mental injuries, a Tampa pedestrian accident lawyer can fight for your legal rights.
This is how a pedestrian accident attorney can fight for you.
1. Familiarity With Pedestrian Rights
Many rules uphold pedestrian rights while using the road. Pedestrians have the right of way on a sidewalk, and any vehicle crossing the sidewalk should let people pass first. Drivers are expected to look out for pedestrians using a crosswalk even if they have a green light.
A pedestrian accident lawyer can quickly identify whether the reckless driver violated your rights during the incident. They can use this as the basis for a personal injury claim which helps you recover monetary compensation for injuries.
2. Helps Establish Liability
The erratic motorist must be held accountable for causing your injuries. For this to happen, a pedestrian accident lawyer investigates to confirm the allegations. Determining how the accidents happened and who caused the crash is crucial in establishing liability.
A pedestrian accident lawyer will review evidence from the scene, such as photographs and video footage from security cameras. Interviewing witnesses, recreating the crash, and consulting experts help unearth more information about liability. This information will help prove to the insurance company and the courts that the driver is liable.
3. Figuring Out the Total Loss
Pedestrian accidents look simple but can be costly, considering the cost of immediate and future medical bills, lost wages, and long-term care. While you need money to take care of immediate healthcare bills, you don’t have to accept a low settlement offer from the insurance company. A pedestrian accident lawyer can help recover the maximum compensation you deserve.
Experienced lawyers help estimate the value of non-economic damages such as disfigurement, pain, and suffering. A rough idea of damages owed ensures you don’t mention an outrageous amount or aim too low for comfort. Your attorney will help you calculate the current bill, the cost of long-term medical care, and the value of intangible damages to arrive at the final worth of your claim.
4. Drafting a Strong Water-Tight Claim
According to statistics, 87 out of 273 traffic deaths recorded in Hillsborough County, Florida, were pedestrians’, meaning hundreds of pedestrian accident claims are filed yearly. You have to fight tooth and nail to stand out because your case is just one of the many the insurance company handles. A pedestrian accident lawyer can build a strong case to attract maximum compensation.
Pedestrian accident claims can be tricky, even if the case seems clear-cut. An experienced attorney knows the evidence, damages, and pleadings that hit the bull’s eye. To draft a winning claim, they will compile all the credible and admissible evidence that aligns with pedestrian rights protection laws.
5. Negotiate a Favorable Outcome for You
Negotiating a claim settlement with cunning insurance adjusters is an uphill task, and most pedestrians who choose to represent themselves fail. Negotiations need a seasoned lawyer who can easily identify the traps set and draft effective means of overcoming them. They know the defendant’s insurance will stop at nothing to get the claim dismissed and will move with speed to prevent it.
Your lawyer can file a lawsuit in the process of fighting for your rights if the insurers fail to yield to negotiation during out-of-court settlement talks. This includes gathering necessary evidence and filing the case with the relevant registries within the statute of limitations.
Pedestrian accident claims can be confusing and frustrating, especially for first-timers. A pedestrian accident attorney who has been in the business for years can help fight for your right to fair compensation. They will investigate the incident, draft a solid claim, establish liability, and negotiate with the defendant’s insurer to secure fair compensation for your damages.