Pedestrian accidents often result in severe injuries, including broken bones, spinal damage, or traumatic brain injuries, leaving victims with mounting medical bills and lost wages.
A pedestrian accident lawyer in Orlando at The Schiller Kessler Group can help you pursue compensation for your injuries. With over three decades of experience, we understand the challenges victims face after being struck by a vehicle.
An Orlando personal injury lawyer from our team can provide you with personalized care and attention. We focus on tracking your losses to secure you fair compensation. Contact us today for a free consultation.
How Florida’s PIP Coverage Applies to Injured Pedestrians
Florida is a no-fault state, meaning all vehicle owners are required to carry Personal Injury Protection (PIP) insurance. This law also applies to pedestrians injured in car accidents.
If you are struck by a vehicle while walking, jogging, or crossing a road, you may be eligible to file a claim under your own PIP insurance policy or the driver’s PIP coverage, depending on your circumstances.
PIP typically covers up to $10,000 for medical expenses, lost wages, and certain out-of-pocket costs, regardless of fault.
If you do not own a vehicle and do not live with a relative who has PIP coverage, you may still qualify under the at-fault driver’s PIP policy, depending on the insurer’s terms.
Filing a Personal Injury Lawsuit Beyond PIP Coverage
While PIP helps with immediate financial relief, it has limits. Under Florida Statutes § 627.737, injured pedestrians can pursue a personal injury lawsuit only if their injuries meet the threshold for serious or permanent injuries. Qualifying injuries include:
- Permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Fatal injuries
If your injuries meet these criteria, you may seek additional compensation for pain and suffering, emotional distress, and other damages not covered by PIP. Consulting a pedestrian accident lawyer in Orlando can help you determine your eligibility to file a claim or lawsuit beyond PIP limits.
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Why You Need to Hire an Orlando Pedestrian Accident Attorney
Florida’s modified comparative negligence system can limit your ability to recover compensation after a pedestrian accident. Under this rule, you can only recover damages if you are 50% or less at fault for the accident. If you are found more than 50% at fault, you lose your right to compensation entirely.
Insurance companies often argue that pedestrians contributed to the accident, such as by jaywalking or being distracted, to increase their percentage of fault and reduce payouts.
An Orlando pedestrian accident attorney can protect your rights by gathering evidence, challenging fault determinations, and ensuring you pursue the maximum compensation allowed under Florida law.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Understanding Pedestrian Right-of-Way
Pedestrian right-of-way is a critical concept in preventing accidents and ensuring safety on Florida’s roads.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), pedestrians generally have the right of way when crossing at marked crosswalks or intersections.
Drivers are required to yield to pedestrians in these areas, whether the crosswalk is controlled by traffic signals or not.
Pedestrians’ Responsibilities
However, pedestrians also have responsibilities under Florida law. For example, the FLHSMV advises that pedestrians must use sidewalks when available and avoid suddenly stepping into the path of a vehicle, making it impossible for the driver to stop.
When crossing outside of designated crosswalks, pedestrians must yield the right-of-way to vehicles. Understanding and respecting these rules is vital for both drivers and pedestrians to prevent accidents and reduce injuries.
If a driver fails to yield the right of way and causes a pedestrian accident, they may be held liable for the victim’s injuries.
Types of Compensation Our Pedestrian Accident Lawyers in Orlando Can Pursue
Pedestrians struck by vehicles often suffer severe injuries that require extensive medical care and long-term treatment. Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage, all of which can lead to permanent disabilities or even death.
Many victims face lengthy hospital stays, surgeries, rehabilitation, and ongoing medical expenses. The severity of these injuries not only impacts the victim’s physical health but also their ability to work and maintain their quality of life.
An Orlando pedestrian accident lawyer from The Schiller Kessler Group can help you seek fair compensation for any losses you sustained.
Medical Expenses
Healthcare expenses can include the immediate costs for your ambulance ride, hospital treatment, surgery, rehabilitation, and any ongoing costs related to the injuries.
Lost Income and Reduced Earning Capacity
If your pedestrian accident injuries cause you to miss work for some time, you can claim lost wages. You may also pursue compensation for reduced future earning capacity.
Permanent Disability
When a pedestrian accident results in permanent disability, the victim may face lifelong challenges, including difficulty working, participating in activities, or even performing basic daily tasks. Compensation can account for the physical, emotional, and financial toll of living with a permanent impairment.
Scarring and Disfigurement
Severe pedestrian injuries often leave victims with scarring or disfigurement, which can have long-lasting physical and emotional effects. Compensation in these cases may address the costs of reconstructive surgeries, as well as the psychological impact of adjusting to a changed appearance.
Pain and Suffering
You can receive damages for physical pain and emotional trauma related to the accident and injuries. Our pedestrian accident lawyer in Orlando, FL, can review the effects of these non-economic losses.
Property Damage
Our experienced Orlando pedestrian accident lawyer can help you seek additional compensation if you had any property, like a phone or glasses, damaged in the crash.
Wrongful Damages for a Pedestrian Fatality
If your family lost a loved one due to a fatal pedestrian injury, a representative of the estate can seek justice and compensation by filing a wrongful death claim. An Orlando wrongful death attorney at our firm can handle your case with compassion and dedication so your family can grieve in peace.
Though no amount of compensation can make up for such a tragedy, your family doesn’t deserve to financially struggle in your loved one’s absence. We can seek recovery for:
- Funeral and burial costs: These damages cover the expenses needed to properly lay your loved one to rest, including funeral services, burial, or cremation.
- Lost income and benefits: This includes compensation for the wages and financial support your loved one would have provided to your family over their lifetime.
- Loss of companionship: Your family can recover damages for the emotional support, guidance, and comfort your loved one can no longer provide.
- End-of-life medical expenses: These damages reimburse the costs of medical care your loved one received before their passing, such as hospital stays or emergency treatments.
Our team will fight to help your family secure the compensation needed to ease the financial burden during this difficult time.
How Does a Pedestrian Accident Lawyer Help?
If you’ve been hit by a vehicle, an Orlando pedestrian accident lawyer can provide invaluable support and guidance throughout your case.
From handling complex legal procedures to advocating for your rights, our team focuses on helping you secure the compensation you deserve. We take the burden off your shoulders so you can focus on healing and rebuilding your life.
Conducting a Thorough Accident Investigation
Our team of lawyers can thoroughly examine reports, footage, marks, accounts, and the scene of the collision to build evidence and determine fault. We use the evidence to pursue a claim against the liable party.
Dealing With Insurance Companies
Your Orlando pedestrian accident attorney can handle negotiations, claims, and dealing with insurance companies so you can focus on recovery. In some cases, we settle out of court on behalf of our clients.
Filing a Lawsuit If Necessary
If we cannot reach a fair settlement with insurance companies, our lawyers can file a lawsuit on your behalf and represent you in court. By handling the legal process, the lawyer reduces stress so you can heal.
While filing a personal injury lawsuit does not necessarily mean your case will have to go to trial, our Orlando attorneys will be ready to argue for fair compensation before a judge or jury.
Our attorneys can often move claims forward more efficiently through the legal system and insurance channels. This can help you secure compensation for your losses more quickly.
What Happens If the At-Fault Driver Flees the Scene?
If the driver responsible for a pedestrian accident flees the scene, it is considered a hit-and-run, which is a criminal offense under Florida law. When this happens, it can create additional challenges for the injured pedestrian, but there are still steps you can take to protect your rights and pursue compensation.
First, report the hit-and-run to law enforcement immediately. Police will investigate the scene, gather evidence such as surveillance footage or witness statements, and attempt to locate the driver.
Providing as much information as possible, such as the make, model, color of the vehicle, or even part of the license plate, can help identify the at-fault driver.
Accessing Your Own Uninsured/Underinsured Motorist Coverage
If the driver cannot be located, you may still have options to recover compensation through your own uninsured motorist (UM) coverage, which is designed to provide for victims when the at-fault party is uninsured or cannot be identified.
UM coverage can help pay for medical expenses, lost wages, and other damages resulting from the accident. Our pedestrian accident lawyer can guide you through this process, working with your insurance company and other resources to maximize your chances of recovering compensation.
Why Hire Us After an Orlando Pedestrian Collision?
Our team works on your behalf, holding ourselves to a high standard of excellence and integrity.
We offer personalized attention and compassionate care after pedestrian collisions, tracking your specific losses and guiding you through each step of the legal process.
We also help you avoid common mistakes victims make after being injured in an accident.
Our Orlando Lawyers Handle Pedestrian Collision Cases on Contingency
At our firm, we understand the financial strain that often follows a pedestrian collision, especially when you’re facing mounting medical care costs, lost income, and other unexpected expenses. That’s why our Orlando pedestrian accident lawyers work on a contingency basis.
You pay nothing upfront for our legal services, and we only get paid if we successfully recover compensation on your behalf. By working on contingency, we ensure that you can focus on your recovery while we handle the legal complexities of your case.
We can get started on your case without delay, helping you meet important legal deadlines and preserve evidence needed to prove fault. Taking timely legal action helps protect your right to seek fair compensation.
How Long Do You Have to File a Personal Injury Lawsuit in Florida?
You must file your personal injury lawsuit before Florida’s statute of limitations expires. Generally, under Florida Statutes § 95.11(3)(a), you have two years to move forward with your claim.
An Orlando pedestrian accident lawyer can provide exact information about your specific deadline. We can keep our eye on the clock as we build your case and negotiate with insurance companies.
Getting help right away can make it easier for your attorney to gather evidence about your claim and speak with witnesses before they forget what happened in the collision. We can begin addressing your needs now with a free consultation.
The Importance of Seeking Medical Care and Following Through With Your Doctor’s Orders
After a pedestrian accident, seeking medical care as soon as possible is essential for both your health and any potential legal action.
Even if you feel fine immediately after the crash, some injuries—like traumatic brain injuries, internal organ damage, or soft tissue injuries—may not show symptoms right away.
Prompt medical attention ensures that any injuries are diagnosed and treated early, reducing the risk of complications or long-term harm.
Follow Your Prescribed Treatment Plan
In addition to seeking initial care, it is critical to follow through with your doctor’s orders. This includes attending follow-up appointments, undergoing physical therapy, taking prescribed medications, or adhering to any recommended treatment plans.
Failing to follow through on medical advice can not only jeopardize your recovery but also weaken your ability to seek compensation. Insurance companies may argue that your injuries are less severe or that you contributed to your condition by not following your doctor’s instructions.
By prioritizing your health and sticking to your treatment plan, you not only give yourself the best chance of recovery but also strengthen your case by demonstrating that you took your injuries seriously and made every effort to heal.
Contact Us After a Pedestrian Accident and Let Our Orlando Attorneys Help
You deserve to focus on your physical recovery, not struggle with the claims process. An Orlando pedestrian accident lawyer from The Schiller Kessler Group can review your case, help you take legal action against a liable party, and stand by you every step of the way.
With offices across Florida, including Central Florida, we’ve successfully helped secure compensation for over 30,000 injury victims. Call us today for a free initial consultation.
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