Can a Pedestrian Hit by a Car Get Compensation?
Did you suffer injuries from a pedestrian accident? You may have questions about your rights to financial compensation for your injuries and losses. Fortunately, injured pedestrians can recover compensation. Keep reading to find out how.
Pursuing Compensation from Your Own Insurance
Florida requires car insurance policies to offer personal injury protection (PIP). This covers medical expenses and lost wages. An injured person can seek PIP coverage regardless of who is at fault for the auto accident.
Injured pedestrians can also file a claim for PIP coverage after an accident. If you have a car insurance policy or are covered by a policy held by someone in your household, you may be entitled to PIP coverage if you were hit by a vehicle that falls within the policy’s definition of an “auto” that triggers coverage under the policy.
In addition, if your car insurance policy has uninsured or underinsured motorist coverage, you may also be entitled to turn to your insurer for compensation if the at-fault driver either doesn’t have liability insurance or if their liability insurance policy limits are insufficient to fully compensate you.
Pursuing Compensation Against the Driver’s Insurance Coverage
It’s also possible to file a claim for compensation against the driver that hit you. First, if you are not covered by a car insurance policy that either you or a household member owns, you may be able to file a PIP claim with the insurer of the driver who hit you.
Keep in mind that Florida doesn’t require drivers to have bodily injury liability insurance coverage. Instead, state law only requires drivers to have at least $10,000 in property damage liability coverage. Therefore, if you are hit by a driver whose insurance policy does not include bodily injury liability coverage, you may instead need to file a lawsuit directly against the at-fault driver to pursue financial compensation for your injuries and losses.
Factors that Affect Compensation in Pedestrian Accident Cases
Various factors affect the amount of compensation that you may be able to recover in an insurance claim. This also extends to a settlement negotiation or going to trial in a lawsuit. Some of these factors may include:
- The severity of the injuries you sustained
- The medical treatment and rehabilitation you may need
- Permanent disability or impairment
- The policy limits of your PIP coverage
- The policy limits of the at-fault driver’s PIP coverage and their bodily injury liability coverage (if they have any)
- Whether you were partially at fault for the accident. Examples include crossing an intersection at a red light or jaywalking.
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Pedestrian Accident Case in Florida
Did you or a loved one sustain serious injuries due to a pedestrian accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured because of pedestrian accidents in Coconut Creek, Plantation, Pompano Beach, Pembroke Pines, and throughout Florida. Call (954) 525-2345 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312, as well as offices in Pembroke Pines, Weston, Coconut Creek, Plantation, and Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly