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Understanding Fault in Florida Pedestrian Accidents
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A pedestrian accident in Florida can leave you grappling with injuries and uncertainty about who is responsible. Determining fault is crucial, as it directly affects your ability to secure compensation for medical bills, lost wages, and pain and suffering. Whether the driver, pedestrian, or a third party is to blame, the circumstances of the incident shape the outcome of your claim. At Kaiser Romanello Accident & Injury Attorneys, we conduct thorough investigations to protect you from unfair blame and fight for the compensation you deserve. This guide outlines how fault is determined and how we can help.
Key Factors in Determining Fault
Fault in pedestrian accidents hinges on specific details:
- Driver Negligence: Common causes include drivers failing to yield at crosswalks, running red lights, speeding, or texting. If you were crossing legally with a walk signal, the driver is typically liable.
- Pedestrian Actions: Jaywalking, crossing against signals, or stepping into traffic unsafely can assign partial fault to pedestrians. Florida’s comparative negligence law reduces compensation based on your percentage of fault.
- External Factors: Poor road design, missing crosswalks, or inadequate lighting may shift responsibility to municipalities or property owners.
Understanding these factors is critical to building a strong case.
Impact of Comparative Negligence
Florida’s comparative negligence system allows you to recover damages even if you’re partially at fault, but your compensation decreases proportionally. For example, if you’re found 30% responsible, your award is reduced by 30%. Insurance companies often exploit this by shifting blame to pedestrians to minimize payouts. Without compelling evidence, you risk losing the full compensation you’re entitled to.
Role of Evidence in Proving Fault
Strong evidence is essential to establish fault in your favor:
- Traffic Camera Footage: Captures the incident and clarifies who had the right of way.
- Police Reports: Provide an official account of the accident and initial fault assessments.
- Witness Statements: Corroborate your version of events, strengthening your claim.
Collecting and presenting this evidence effectively can counter insurer attempts to reduce your compensation.
How Kaiser Romanello Builds Your Case
Kaiser Romanello Accident & Injury Attorneys takes decisive action to protect your rights:
- Comprehensive Evidence Gathering: We secure traffic footage, police reports, and witness testimonies to build a robust case.
- Expert Analysis: Accident reconstruction specialists help demonstrate how the crash occurred, clarifying fault.
- Aggressive Advocacy: We challenge insurance company tactics that unfairly blame you, ensuring your story is heard.
Our goal is to hold negligent parties accountable and maximize your recovery.
Why Florida’s Pedestrian Accidents Stand Out
Florida is the most dangerous state for pedestrians, with thousands of accidents each year, especially in urban centers like Miami and Orlando, driven by heavy traffic and sprawling infrastructure. These unique challenges require experienced legal representation. Kaiser Romanello’s team is well-versed in Florida’s pedestrian accident landscape, ensuring you receive tailored support to navigate these complexities.
Benefits of Acting Quickly
Time is critical in pedestrian accident cases. Florida’s strict deadlines, such as the 14-day rule for seeking medical care to access Personal Injury Protection (PIP) benefits, demand prompt action. Delays can weaken your claim or limit your access to compensation. Consulting an attorney immediately helps preserve evidence and ensures compliance with legal requirements.
Contact Us
Don’t face the complexities of a pedestrian accident claim alone. Kaiser Romanello Accident & Injury Attorneys is here to fight for you. Submit our contact form or visit our Pedestrian Accident page to learn more and schedule a free consultation. Call 844-877-8679 today to discuss your case with our dedicated team and start protecting your rights.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Each pedestrian accident case is unique, and outcomes vary. Contact a licensed attorney for personalized guidance.
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