Getting hit by a vehicle as a pedestrian is a frightening experience. You may be dealing with injuries, missing work, and trying to make sense of what happened, all while insurance companies start asking questions. Knowing what to do after a pedestrian accident in Fort Lauderdale can make a major difference in protecting your health and your legal rights.
Safety is the priority after any vehicular accident. After being struck by a vehicle, it’s likely you have physical injuries. If possible and it won’t cause additional injury, get out of the flow of traffic. Remain at the accident scene in a safe location. Call 911 to alert emergency response authorities of the accident. A police officer will respond to the accident scene and prepare an official report. EMTs may also respond if you or someone else needs immediate medical care.
The police report will become crucial later if you decide to pursue a claim. Florida law also requires accidents to be reported when there are physical injuries or death. It’s important to be truthful and factual when speaking with law enforcement. Avoid discussions of fault at the accident scene. Request a copy of the police report or a report number to access the report later.
It’s common for people to feel fine at the accident scene but experience physical symptoms in the hours or days after the accident. Adrenaline can easily mask injuries at the accident scene. It’s important to seek medical attention as soon as you begin to experience physical injuries. Florida’s Personal Injury Protection (PIP) system has a strict fourteen-day deadline in order to qualify for PIP benefits.
Common pedestrian accident injuries include:
Receiving timely treatment helps protect your health and documents the injuries. The sooner you seek treatment, the easier it is to connect the injuries to the accident. Be sure to attend all medical appointments and follow all treatment recommendations.
The more time that goes by after an accident, the harder it becomes to gather evidence. With this in mind, collecting evidence at the time of the accident is crucial. If you are able, document as much of the accident scene as possible at the time of the accident. Take pictures or video of the vehicle damage, your injuries, traffic signals, crosswalks, road conditions, skid marks, and current weather. If law enforcement writes an accident report, it should include the contact information of all involved parties. However, it can be good for you to exchange information separately. If there were witnesses, ask them for their contact information.
Keep detailed records of everything related to the accident. It can be beneficial to have a paper hard copy and a digital copy of everything. Keep medical bills, doctor’s recommendations, receipts, missed work documentation, and accident-related correspondence.
It’s common for accident victims to unintentionally hurt their case with the statements they make. Insurance companies will ask for a recorded statement. They will use that statement to formulate arguments of fault against the accident victim. Avoid apologizing for the accident or speculating about what happened. Stick to factual information and avoid becoming emotional when speaking about what happened.
Additionally, you are generally not required to provide the recorded statement. Speaking with an accident attorney can help you determine what you are and are not required to do. A lawyer can communicate with the insurance company on your behalf. This can help you avoid making unintentionally harmful statements.
Florida’s no-fault insurance system can be confusing, especially for pedestrians who are injured in a crash. Unlike drivers involved in a collision, pedestrians do not always have an obvious insurance policy connected to the vehicle that caused the accident. However, an injured pedestrian may still have access to Personal Injury Protection (PIP) benefits depending on the circumstances.
In some cases, a pedestrian’s own auto insurance policy may provide PIP coverage. If the pedestrian does not have an auto insurance policy, coverage may be available through another applicable policy, such as one belonging to a household family member. PIP benefits may help cover certain medical expenses and lost wages after an accident.
However, PIP coverage does not always provide full compensation for the harm caused by a serious pedestrian accident. If a pedestrian suffers significant injuries, they may be able to pursue a claim against the at-fault driver outside of Florida’s no-fault system. Because insurance coverage depends on the specific facts of each case, determining what benefits and legal options are available can be complicated.
A pedestrian accident claim involves more than proving that you were injured. You also need to show how the accident happened, who was responsible, and the full impact those injuries have had on your life. The longer you wait to take action, the harder it may become to gather the evidence needed to support your claim.
A Fort Lauderdale pedestrian accident attorney can begin investigating your case right away. This may include collecting accident reports, preserving video footage, identifying witnesses, and reviewing the circumstances that led to the crash. An attorney can also protect you from making statements to insurance companies that could be used to reduce your compensation.
Your attorney can help determine the value of your claim by considering current and future medical costs, lost wages, reduced ability to earn income, pain and suffering, and other losses. They can negotiate with insurers on your behalf and, if necessary, take your case to court to pursue the compensation you deserve.
The aftermath of a pedestrian accident can be overwhelming, especially when you are dealing with medical treatment, missed work, and uncertainty about who will cover your losses. Taking the right steps after a crash can help protect your claim. The Law Office of David I Fuchs provides experienced legal representation for people injured because of another person’s negligence.
Schedule a consultation today to speak with an attorney about your case and your potential options for compensation.
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