Darryl Hammis, 49, of Sarasota, was seriously injured in May when he was struck by a car while walking in the Bee Ridge area. As he reached the intersection with McIntosh Road late in the evening, he stepped into the path of a Lexus. The driver attempted to avoid him but did not succeed.
Pedestrians can suffer injuries when breaking the law, but sometimes they are injured even when they are careful. Under Florida law, you are restricted to crossing the road at a right angle to the curb unless you are following a marked crossroad. If you observe the rules, and are injured by a car nonetheless, it is important to know your rights.
Compensation for injured pedestrians
Florida’s personal injury protection (PIP) laws require every driver to be insured for $10,000 to cover personal injury caused to themselves, their passengers, household members and persons they cause to be injured. Even if you are injured as a pedestrian, if you have PIP coverage for a motor vehicle you own, you are required to claim from your own insurance for your injuries. If you do not own a car, but a relative you live with does, you can claim from their PIP coverage. If you do not have a car in your household, you must claim compensation from the at fault driver’s PIP coverage. However, insurance providers are only required to provide compensation for 80% of your reasonable medical costs, and 60% for your lost wages, subject to a maximum of $10,000. In addition to PIP, you can also claim compensation from the driver through an action for negligence in certain situations. Through this, you could be compensated for your pain and suffering, the remainder of your lost wages and medical costs, and certain other losses.
Three things to remember
In the event of an accident, you should always remember that three important steps to take immediately after the accident, before considering anything else:
- Call the police. It is important you or another person informs the police, who can gather witnesses and create an official record of the incident.
- Seek medical attention. Your health and wellbeing is your priority. Even if you do not feel pain immediately, it is not uncommon to develop anxiety or post-traumatic stress disorder if you do not seek help.
- Take driver details. You or someone else needs to record the name, address and insurance details of the driver involved in the accident speeds up the process of claiming compensation.
Make sure you get your full entitlement to compensation. Contact a determined Bradenton pedestrian accident attorney for advice on your accident.