Determining Fault in a Florida Pedestrian Accident
Our Tampa pedestrian accident attorneys gather the facts to build strong cases
Pedestrian accidents can have devastating consequences and leave victims with severe injuries, costly medical bills, and lasting emotional trauma. While Florida is a “no-fault” state, the damages from a pedestrian accident can exceed your personal injury protection (PIP) limit.
When seeking damages from the driver’s insurance company, you must prove that the driver was at fault. This isn’t as easy as it seems. Drivers sometimes deny wrongdoing, and insurance companies often use tactics to reduce settlements or shift the blame.
Having a skilled Tampa pedestrian accident lawyer at Armando Personal Injury Law on your side can make all the difference in the outcome of your claim.
How does liability work in Florida pedestrian accidents?
In Florida, fault in pedestrian accidents is determined by the principle of comparative negligence. This means that more than one party can be responsible for a pedestrian accident. Their level of fault will impact the compensation they’re entitled to receive.
Common causes of pedestrian accidents include distracted driving, speeding, failure to yield at crosswalks, and driving under the influence. Each of these factors can point to the driver’s negligence.
However, proving fault requires establishing four key criteria:
- The driver had a duty of care to uphold on the road. That means adhering to all road rules and driving in a way that is safe and reasonable.
- The driver breached their duty of care by driving distracted, impaired, drowsy, or reckless.
- Your pedestrian accident and resulting injuries were the direct cause of the driver’s actions.
- You sustained damages (e.g., medical expenses, lost wages, and pain and suffering) due to your pedestrian accident.
What evidence do pedestrian accident attorneys gather to establish fault?
Proving fault in a pedestrian accident relies on gathering solid evidence that clearly shows what happened and who is to blame. When building your case, our attorneys may look for the following pieces of evidence:
Police reports
The police report is often the first piece of official documentation. It includes the officer’s observations, statements from the driver, pedestrians, and any witnesses, and sometimes a preliminary assessment of fault. While not conclusive, the police report can support your claim. Our attorneys can obtain a copy of this for you.
Witness statements
Witnesses who saw the pedestrian accident can provide testimony that helps establish what happened and who was at fault. Their accounts can support your version of events and counter any false claims made by the other party.
Traffic cameras and surveillance footage
Cameras are everywhere, and footage from traffic cameras, nearby businesses, or even dashcams can offer indisputable evidence of the events leading up to your pedestrian accident.
How might insurance companies shift the blame?
Proving fault in a pedestrian accident can be challenging, especially when insurance companies are involved. They may argue that you had a pre-existing condition, that your injuries aren’t as severe as you claim, or that you were partly to blame for the pedestrian accident.
Attorney Armando Edmiston and his legal team understand the games that insurance companies play, and we know how to deal with them effectively. We gather comprehensive evidence, prepare compelling arguments, and don’t back down when fighting for injured pedestrians.
Contact a Tampa pedestrian accident lawyer today
Pursuing a pedestrian accident claim in Florida can be complicated and emotionally draining. You shouldn’t have to deal with pushy insurance companies while recovering from an injury. Your case requires a Tampa pedestrian accident attorney with experience and extensive knowledge of the law.
Armando Personal Injury Law is dedicated to building strong cases for clients. We ensure that fault is properly established and that our clients receive the maximum compensation they deserve. Our approach is thorough and aggressive. We fight to hold responsible parties accountable while countering any attempts by insurance companies to reduce or deny compensation.
To find out how we can help, contact our Tampa law firm today for a free consultation. Let our legal team handle your case with the care, compassion, and relentless pursuit of justice you deserve.