Pedestrians have the same rights as motor vehicle drivers, provided they stay on sidewalks or crosswalks and follow all the laws that apply to them. Everyone else on the road should give pedestrians a safe amount of space, pay attention to their surroundings, and approach intersections with care. Unfortunately, it is far too common for Florida drivers to not pay attention to or even be actively aggressive toward pedestrians. Personal injury attorneys know all too well that these reckless actions can lead to collisions with devastating repercussions.

If you were hit by a negligent driver while walking, you may have grounds to file an insurance claim and potentially even file suit directly against that driver. From beginning to end of your legal proceedings, your tenacious Wellington pedestrian accident lawyer can provide custom-tailored guidance and work tirelessly to get you the best possible case result.

Holding a Driver Liable for a Pedestrian Injury

There is no shortage of ways in which a motor vehicle driver could put a pedestrian in harm’s way by acting irresponsibly. Common examples of reckless driving behaviors include overtly illegal acts like speeding or failing to yield properly, as well as careless acts that lead to a driver not seeing a pedestrian before advancing over a crosswalk. When it comes to filing suit over this sort of incident, a crucial element is whether the driver’s action qualified as legal “negligence.”

In brief, all motorists owe a “duty of care” to all other drivers, vehicle passengers, bicyclists, and pedestrians around them. This duty requires them to always act lawfully and responsibly behind the wheel. Any reckless act—whether illegal or just irresponsible—that directly causes an otherwise avoidable collision constitutes “negligence,” provided that the incident results in at least one injury serious enough to require professional medical care.

Proving “negligence” in this way is the basis of virtually every successful pedestrian accident lawsuit in Wellington, and a seasoned attorney could provide crucial assistance with accomplishing this task. Legal counsel could also play a key role in contesting allegations of “comparative fault” made against a plaintiff—in other words, accusations that a pedestrian was partially at fault for causing their own injury.

Recovering Damages for Injured Pedestrians

Depending on the circumstances, a pedestrian injured in a motor vehicle accident may be able to seek financial recovery through their own auto insurance policy, the policy held by the driver who hit them, or through a personal injury lawsuit against the at-fault driver. Every loss stemming from an accident can and should be factored into these proceedings. Some of these recoverable damages may include:

  • Past and future medical bills for accident-related injuries
  • Out-of-pocket expenses for assistive equipment, in-home care, and temporary travel expenses
  • Lost work income and/or earning capacity
  • Physical pain and suffering
  • Psychological trauma and distress
  • Lost enjoyment of life, including lost consortium

A pedestrian accident lawyer in Wellington could go into further detail about potentially compensable losses during a private initial meeting.

Contact a Wellington Pedestrian Accident Attorney for Assistance

Even when they happen at relatively low speeds, crashes involving motor vehicles almost always cause life-changing and potentially life-threatening trauma to pedestrians. Any driver who causes a crash through their misconduct should be held accountable for their actions to the fullest extent under the law. Unfortunately, navigating these legal procedures can be challenging for an injured person to manage on their own.

Working with a Wellington pedestrian accident lawyer could tip the odds of achieving a successful case result in your favor. Call Aronberg & Aronberg, Injury Law Firm, today for a consultation.


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