Pedestrians in the Clermont area are generally able to walk to their destinations without issue as long as they follow traffic signals and stick to designated crosswalks whenever they are crossing through busy intersections. Unfortunately, not all drivers adhere to their legal responsibility to yield the right of way to pedestrians, and it’s possible for a driver to inflict life-threatening injuries on a pedestrian, even when they are driving at a relatively low speed.
If a driver recently hit you or a family member, a Clermont pedestrian accident attorney is an essential resource for guidance and information as you determine the best way to recover your losses. Under Florida law, a driver is entirely liable for any damages they inflict on a pedestrian they have hit with their car, but any personal injury claim can entail unpredictable variables and complicating factors that obstruct the victim’s path to recovery.
The Badgley Law Group offers compassionate and responsive legal counsel to clients in Clermont and the surrounding communities. We provide meticulous legal support to every client we represent, helping them to approach their recovery efforts with greater confidence and peace of mind. Our goal is to help you secure the compensation you need to recover as fully as possible after another party has injured you in Clermont.
A driver always has a duty of care to avoid hitting pedestrians. This means a driver may need to yield the right of way to a pedestrian even when the pedestrian is crossing a street illegally. Unfortunately, not all pedestrians heed their own responsibility to stick to designated crosswalks, instead choosing to jaywalk and sometimes stepping directly in the path of oncoming traffic.
Determining fault is the first step any plaintiff must complete in their personal injury case. When it comes to pedestrian accidents in Clermont, these incidents may occur due to the following:
These are just a few examples of how pedestrian accidents can happen in the Clermont area. If you were severely injured and do not remember exactly how your accident happened, your legal team will be invaluable as you determine liability for your damages and seek accountability through your personal injury case.
After the accident, the victim is likely to be transported to the nearest hospital for medical treatment. Any pedestrian accident has a very high chance of causing physically traumatic injuries that demand immediate medical attention. After the victim stabilizes, they should reach out to reliable legal counsel as soon as possible to begin their recovery efforts.
If a plaintiff bears comparative fault in any Florida personal injury claim, the state’s comparative fault rule applies. This means the plaintiff will have a fault percentage assigned to them by the judge handling their case. While some states will bar plaintiff recovery at 50% or more fault, the state follows the pure comparative negligence rule, so there is no threshold of fault that would disqualify the plaintiff from seeking compensation for their damages.
The fault percentage assigned to the plaintiff is how much will be deducted from their final case award. For example, if the plaintiff is seeking $500,000 in compensation, but they are found 20% at fault for causing their accident, this would mean losing 20% of their case award, or $100,000. While it’s possible for a pedestrian to bear partial liability for a pedestrian accident, a motor vehicle driver always has the greater duty of care for preventing pedestrian accidents. Therefore, even if a plaintiff is found partially liable, the driver is still likely to bear a much greater share of fault for the accident in question.
Florida law allows the plaintiff in a personal injury case to seek whatever compensation they need to become “whole” again. Therefore, your case award from a successful pedestrian accident suit is likely to include economic damages, non-economic damages, and further compensation to reflect the unique details of your case. However, when it comes to the claimable economic damages you can seek from the defendant, they are likely to include the following:
Plaintiffs in personal injury cases also have the right to seek non-economic damages from those who injured them. Specifically, this pertains to their pain and suffering. There is no limit to pain and suffering damages in most personal injury cases filed in the state, so this could potentially form the lion’s share of your total case award, depending on the severity of the harm you experienced.
Your Clermont pedestrian accident attorney will help you determine a suitable amount of pain and suffering compensation to seek from the defendant who injured you. If you suffered any long-term or permanent harm due to their actions, it could translate to a substantial pain and suffering award. Alternatively, if you are expected to fully recover in the near future, your attorney may seek a per diem settlement that awards compensation for each day you spend in recovery. It’s also possible for punitive damages to factor into your final case award if the defendant engaged in any illegal misconduct that contributed to the accident. For example, if they hit you intentionally or while driving under the influence of alcohol or drugs, it could lead to criminal prosecution from the state as well as liability for your damages in a personal injury case. A judge may award restitution or punitive damages in addition to the other compensation you receive to punish the defendant’s behavior.
Ultimately, many different factors could come into play in your impending personal injury case. If you want the best chance of holding the defendant accountable and maximizing your recovery, you need a Clermont pedestrian accident attorney you can trust to guide you through your case proceedings. Most personal injury claims are ultimately resolved through private settlement negotiations, and the team at the Badgley Law Group can guide you through the settlement process efficiently. However, if for any reason, settlement is not an option for resolving your case, we are fully prepared to represent you in litigation against the party responsible for your damages.
A: You can rely on your legal representative for many vital services as you seek compensation for your damages from a pedestrian accident. They can help you gather the evidence needed to establish fault for your recent accident, secure eyewitness testimony from anyone who saw the accident happen, and consult expert witnesses if necessary to clarify complex details of your case. Your legal counsel will make every aspect of your case easier to manage and more likely to generate the results you hope to see.
A: The team at the Badgley Law Group accepts personal injury clients on a contingency fee basis, meaning that you will pay no upfront legal fee to hire our team and no ongoing legal fees for the duration of your proceedings. Our fee will come out of your final compensation as a percentage, but only if we win your case. If we are unable to secure compensation for your damages, you pay nothing, so there is no financial risk to hiring our firm for your pedestrian accident claim.
A: After you have received medical care for your injuries and your condition is stable, you should reach out to speak with a Clermont pedestrian accident attorney as soon as possible. The sooner you secure legal counsel you can trust, the more likely you are to succeed in holding the at-fault driver accountable for the damages they inflicted on you. You have a two-year statute of limitations for a personal injury claim in the state, but it is always best to start your case filings as soon as possible.
A: Unfortunately, whenever a motor vehicle hits a pedestrian, there is a very high chance of the incident resulting in a fatal injury to the pedestrian. If you recently lost a loved one in a fatal pedestrian accident, you likely have grounds to file a wrongful death claim against the at-fault driver. This type of civil case replaces the personal injury claim the victim could have filed if they survived, but it pertains to the surviving family’s damages, not the victim’s. You need an attorney experienced in handling this type of case to have the best chance of maximizing your compensation.
A: The total value of any personal injury claim depends on the severity of the victim’s damages and whether they suffered any permanent harm. Your Clermont pedestrian accident attorney can help you calculate medical expenses, long-term medical treatment costs, lost income, and lost future earning capacity. They will also help you determine the maximum amount of pain and suffering compensation you can seek from the defendant to maximize your recovery.
The Badgley Law Group has successfully handled many pedestrian accident claims on behalf of clients in Clermont and the surrounding communities. We have helped many past clients secure more compensation for their damages than they initially expected and streamlined their case proceedings substantially. If you believe you have grounds to pursue a personal injury claim in response to your recent pedestrian accident, our team is ready to assist you. Contact the Badgley Law Group today and schedule your consultation with a Clermont pedestrian accident attorney you can trust.