When a pedestrian is involved in an accident with a car, they have nothing to protect themselves from the weight and force of the vehicle crashing into them. As a result, these collisions are often devastating, leaving a severely injured victim in their wake. If you suffered injuries in a pedestrian accident, an Orlando pedestrian accident lawyer can help you and your family get on the road to recovery. Learn more about these accidents and how to prevail on a claim.
How to Prevail on a Pedestrian Accident Claim
Prevailing on a claim requires your Orlando pedestrian accident attorney to prove the four required elements of negligence.
Duty
Drivers have a duty to exercise reasonable care to protect themselves and others on the road, including pedestrians. In most situations, if a driver hits a pedestrian, one can establish that the driver owes that pedestrian a duty.
Breach
Your pedestrian accident lawyer in Orlando must prove that the driver breached this duty by failing to act with this required level of care. Examples of a breach include driving under the influence or failing to heed traffic signs and signals, resulting in an accident.
Causation
The victim must prove that the driver and the collision caused their injuries and losses. Medical records showing that their injuries resulted from the pedestrian accident provide proof of causation.
Damages
Your Orlando pedestrian accident lawyer must show that the accident caused the victim harm through bodily injury, financial losses, or property damage.
While these elements may seem straightforward, proving them successfully could mean the difference between receiving compensation or nothing.
Common Causes of Pedestrian Accidents
Pedestrian accidents occur due to any number of unfortunate events. However, through their experience, a pedestrian accident attorney commonly sees the following recurring causes of these types of accidents:
- Distracted driving,
- Failing to yield to traffic signs and signals,
- Drunk driving,
- Impaired visibility,
- Speeding,
- Inclement weather,
- Inexperienced drivers, and
- Fatigue.
Determining the cause of your pedestrian accident can help your attorney establish liability and get you the compensation you deserve.
What Can I Recover
Florida law permits injured victims to recover compensatory damages through economic and noneconomic damages. Economic damages encompass financial losses stemming from your accident. Common examples include:
- Medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Receipts, invoices, medical records, and other documentation help your Orlando pedestrian accident attorney support your demand for these losses.
Noneconomic damages are subjective losses relating to the pain and suffering caused by your injuries. Examples of noneconomic damages include:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Permanent injury or disability.
There are significant challenges in proving noneconomic damages without the help of a qualified attorney. Let someone help you get the financial support you need by contacting an Orlando pedestrian accident lawyer today.
Contact Us
At Arias & Abbass, we never treat our clients as a number–we genuinely care about our clients. We are a boutique law firm with a dedicated team of experienced attorneys who have been on the other side of cases like yours. We are ready to use this dedication and experience in your favor to get you the compensation you and your family need and deserve. You benefit from having a team of dedicated trial attorneys, including a former family prosecutor, criminal public defender, and attorneys who used to represent insurance companies.
Our commitment to you is that you fiercely battle for your rights and ensure you get personal attention and crystal-clear communication regarding your case. Contact us today by phone or email for a free evaluation and learn more about how Arias & Abbass can help you.
