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Can a Pedestrian Hit by a Car Get Compensation?

Can a Pedestrian Hit by a Car Get Compensation?

If you were hit by a driver while crossing or walking down the street, you may wonder about your rights to financial compensation for your injuries and losses. Fortunately, pedestrians who are involved in accidents with motor vehicles in Florida have several avenues for seeking financial recovery. 

Pursuing Compensation from Your Own Insurance

Under Florida law, car insurance policies are required to offer personal injury protection or PIP. PIP helps pay for medical expenses, lost wages from missed work, and other financial losses incurred due to injuries suffered in an accident with a car or other qualifying automobile. PIP coverage is often called “no-fault” insurance because an injured person can seek PIP coverage regardless of who may have been at fault for the auto accident

You may not realize that pedestrians may also be entitled to file a claim for PIP coverage if they were involved in a pedestrian 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

You may also be entitled to file a claim for compensation against the driver who 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.

However, in Florida drivers of personal vehicles are not required 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

Even if you are hit by a motorist while walking as a pedestrian, various factors will affect the amount of compensation that you may be able to recover in an insurance claim, in settlement negotiation, or by 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
  • Whether you are left with any 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 (such as if you jaywalked into oncoming traffic or crossed an intersection against a green light)

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

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