September 21, 21
When driving, it’s important to look out for and communicate with your fellow drivers, but it’s equally as important to do the same with pedestrians. This is especially the case when a crosswalk/crossing street is present. Traffic accidents involving pedestrians are all too common in cities like Miami, where the streets are densely populated. If you were behind the wheel after such an accident, it’s important to contact a car accident injury lawyer in Miami after speaking with your insurance company.
When a vehicle hits a pedestrian, it can result in fatalities more than accidents that only involve vehicles. This is no surprise. After all, if a pedestrian was struck by a car driving at a speed of 10 mph, they can still suffer serious injuries – and this is not considered a high speed. Directly after the accident, it’s important that you follow the right steps, which will we discuss in this article.
Your first step is to stay calm. Contact the police and medical services even if you do not think you or anyone else is seriously injured. It is not recommended that you attempt to administer medical treatment on your own.
If the pedestrian is conscious, exchange some basic information, such as your name, phone, and insurance information. It is not advised to speak more than you have to with the pedestrian, as you may admit fault, or make an apology whether you were or were not in the wrong. Even making a statement like, “I feel guilty” can incriminate you. So, keep your conversation to a minimum.
When the police arrive, give a detailed and honest statement. At the time, the police officer may conduct a detailed investigation and indicate who s/he believes to be at fault on the police report. In some cases, your auto insurance company may dispute these findings if the report indicated you were at fault. Be cautious with your insurer, as they may attribute more fault to you than necessary. If you believe this has happened, contact A to Z Injury Law to speak to our Miami auto accident injury lawyers.
In order to determine negligence and receive compensation, the injured party must be able to prove that the defendant failed to follow the law or caused the accident that resulted in the plaintiff’s injuries. It is possible for cases to have multiple liable parties. Even the owner of the crosswalk can be liable if s/he failed to do something that a reasonable person in a similar situation would have done to protect others from foreseeable risks.
Both drivers and pedestrians have a duty of care to uphold. As a driver, you know it is important to pay attention to the road, weather, fellow passengers, and pedestrians. You must also follow the rules of the road to avoid accidents. Pedestrians must do the same. They should only cross when permitted, using the designated crosswalks when they do. When one party or both does not follow the rule of care, this can affect whether they will receive damages.
Rules vary by state when there are multiple parties who are at fault. In some states, if the pedestrian was at fault in any way, they are unable to recover damages, known as the pure contributory negligence rule. Other states allow pedestrians to recover partial damages even if they were partially at fault. This is known as the comparative fault rule.
If your insurance meets the state’s minimum coverage requirements, then it will likely cover injuries you may have caused to a pedestrian. Your coverage may compensate the pedestrian for medical bills, lost income, pain and suffering, and other damages caused by the accident. However, if the injuries were serious, the damages may exceed the dollar limit of your coverage, causing you to pay for the difference.
Florida is considered a no-fault state, so there should be additional coverage to take care of the pedestrian’s expenses that were not covered by your liability insurance. It may come from your own policy or that of the pedestrian. As a result, it’s important to speak with your insurer to understand the full extent of your coverage.
After an accident involving a pedestrian, it’s important to determine how your car insurance will protect you. Your insurer will perform their own investigation and it’s important that you remain cooperative throughout. Don’t hesitate to contact a car accident injury lawyer in Miami if the damages are too significant for your insurance to cover. Call A to Z Injury Law at (305) 853-9656.
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