Individuals who have suffered personal injuries after being hit by a car or truck are right to be frightened and confused. They may not know where to turn to pay for their medical bills or how to demand compensation for their pain or suffering. Even if they know that a defendant may be at-fault for the accident and liable to pay, they might lack the knowledge or time to pursue the claim against aggressive insurance companies.
A Wesley Chapel pedestrian accident lawyer at Distasio Law Firm is ready to fight for your rights. Our team of committed personal injury attorneys could help you hold a negligent driver accountable for their careless or reckless actions while building a strong legal claim for damages.
Laws that Protect Pedestrians
Getting behind the wheel of a car or truck places a legal burden on a driver. Not only do these people have an obligation to follow the rules of the road, but they must also be sure not to place any other person at an unreasonable risk of danger.
These obligations create a legal duty that all drivers must follow. They must act in a way that protects not only other people in other cars and trucks, but also pedestrians who may be walking in an area that is vulnerable to poor driving. Examples could include:
- Sidewalks near the edge of the road
- People walking in parking lots
A proactive Wesley Chapel pedestrian accident attorney like Scott Distasio could establish this duty and collect the evidence necessary to prove that a defendant driver failed to uphold it.
Proving Defendant Fault
Even though there is no doubt that a driver has a duty to protect people on foot, it is still the responsibility of a plaintiff to prove that a defendant driver’s failure to uphold that duty caused their injuries. The mere fact that a collision with a car resulted in an injury is insufficient to prove this concept.
Instead, injured walkers must prove that a defendant was negligent. They can accomplish this by showing that a defendant received a ticket for poor driving or by alleging that the defendant’s simple carelessness resulted in a collision.
However, plaintiffs must be conscious of the state’s law concerning comparative negligence. According to Florida Statute § 768.81, defendants can attempt to lessen their fault for a crash by alleging that a pedestrian contributed to their own injuries. For example, a defendant may claim that a plaintiff was not using a proper crosswalk or entered the road from between parked cars. If a jury believes this defense, they could reduce or even negate an award for compensation. A seasoned pedestrian crash lawyer in Wesley Chapel could help demonstrate that a defendant was the only person responsible for the collision.
Let a Wesley Chapel Pedestrian Accident Attorney Pursue Your Case
It is understandable for you to be frightened or intimidated after a collision with a car, truck, or motorcycle. While you are working on your own physical recovery and getting your life back in order, the defendant’s insurance company may be pressing you for an official statement or even alleging that you were responsible for the incident. When this happens, you should reach out to a knowledgeable legal professional for guidance.
A Wesley Chapel pedestrian accident lawyer at Distasio Law Firm stands ready to fight for you. Our well-practiced attorneys could explain your rights under the law and why the actions of a defendant driver may have violated those rights. They could then help gather evidence that proves the defendant driver is to blame for your losses. Call our firm today so we can get started on your case.