Orlando Pedestrian Accident Lawyer
Walking around Orlando can be risky at night when it is commonly more difficult for vehicle drivers to see and pedestrians to be seen. Although pedestrian accidents, regardless of whether they occur at night or during the day, are typically caused by driver inattentiveness, that may not always be the case.
If you or a loved one has been injured as a pedestrian in Orlando, Florida, contact a skilled Orlando pedestrian accident attorney, who will work tirelessly to get you compensated for your injuries.
Applicable Laws
Pedestrians must comply with traffic signs and devices, which include stop signs, traffic lights, and crosswalks, among others. Pedestrians do not have the right of way when a traffic signal indicates otherwise and doing so could increase the pedestrian's liability if an accident occurs.
If there is no crosswalk at an intersection, it is the pedestrian's responsibility to exercise reasonable judgment and control, which requires the assumption that vehicles approaching the intersection might not yield.
Florida drivers are, however, obligated to exercise due care to avoid a collision with pedestrians. Just as drivers have a duty to exercise caution when pedestrians are nearby, pedestrians also have a duty to follow the rules of the road to ensure their own safety.
It is a misconception that in pedestrian-vehicle accidents, the vehicle driver is always at fault. When a pedestrian is the cause of the accident that resulted in the injury, she or he can be deemed entirely responsible for any injuries that are sustained.
A pedestrian that is found to be partially responsible for her or his injuries can negatively impact her or his recovery options from the other party.
Personal Injury Protection
In Florida, there is a no-fault standard applied to injured victims following traffic accidents with motor vehicles.
Registered vehicle drivers in Florida are required to maintain a personal injury protection policy that covers at least $10,000, per person, per accident as a part of their vehicle insurance policy. That coverage is protection for anyone living in the registered driver's home.
If an accident victim is a registered driver in Florida, her or his personal injury protection may compensate her or him for the injuries, even if she or he was a pedestrian at the time of the accident.
Not all pedestrian accident cases, however, will fit into a scenario in which the injured victim can use personal injury protection. Orlando has a substantial number of tourists, and when an injured victim is a registered driver in a state that does not require a personal injury protection policy, the tourist victim's options may not include using a plan that does not exist.
Additionally, when the injury suffered is serious, an injured victim may be better served by not using her or his personal injury protection policy.
Under Florida law, when an injury causes death, permanent or significant loss of a bodily function, disfigurement, significant scarring, and/or permanent injury, it constitutes a serious injury and the victim may seek recovery from the at-fault party's insurance company, rather than her or his own policy.
Talk to an Orlando Pedestrian Accident Attorney Today
Pedestrian accidents are all too common and can occur in the blink of an eye. When someone is a pedestrian accident victim, the injuries suffered may be substantial, including broken bones, traumatic brain injuries, or death.
If you are one of the millions of unfortunate pedestrians that are involved in vehicle accidents in the United States, it will be invaluable to have an experienced Orlando pedestrian accident lawyer on your side.