After being hit by a vehicle, you have rights, and a strong legal claim can provide the resources you need for a full recovery. An experienced Tampa pedestrian accident lawyer can help you hold the responsible driver accountable.
Florida law protects pedestrians, but securing fair compensation requires strategic action. Your legal team works to build a case that clearly shows the driver’s fault and the full extent of your damages.A dedicated advocate from Roman Austin Car Accident and Personal Injury Lawyers protects your interests and handles the complex legal and administrative work so you can focus entirely on getting better. Contact us today at (813) 694-3054 to discuss your case for free.
Why Choose Roman Austin Car Accident and Personal Injury Lawyers for Your Pedestrian Accident Case
When you work with Roman Austin Car Accident and Personal Injury Lawyers, you get a deeply connected team to the Tampa community. We represent clients injured in pedestrian accidents across the area, from the busy streets of Downtown and Ybor City to dangerous intersections along Dale Mabry Highway and Fowler Avenue.
We know the challenges pedestrians face on Bayshore Boulevard and the Tampa Riverwalk. Let a Tampa pedestrian accident lawyer from our firm stand up for your rights.
We Establish a Clear Path Forward
We know you have many questions about what comes next. Our first step is always to listen to your story. We then outline the legal process in plain language. We’ll demystify the claims process, giving you the clarity and confidence to make informed decisions about your future.
A Proven Record
Our personal injury lawyers have over 60 years of collective experience helping accident victims in Tampa. We’ve recovered tens of millions of dollars for our clients. We prepare every case as if it might go to trial, which puts our clients in a position of strength during settlement discussions.
Clear Communication
You receive personalized attention at our firm. Direct communication is the key to a successful partnership. At Roman Austin Car Accident and Personal Injury Lawyers, you have access to your Tampa pedestrian injury attorney and some other practice areas, who can answer your questions and provide updates on your case’s progress.
Let a personal injury lawyer from our firm stand up for you. Call us now at (813) 694-3054 for a free consultation.
How Does a Tampa Pedestrian Accident Lawyer Determine Fault?
To build a successful pedestrian injury claim in Tampa, your legal team must clearly establish the driver’s negligence. This involves a meticulous investigation to gather and present evidence that shows how the driver breached their duty of care and caused your injuries.
Your attorney collects all available facts and constructs a timeline of the event. They plot the positions of the vehicle and the pedestrian to show exactly how the collision occurred. We present this detailed account to the insurance carrier.
The Role of Evidence in Your Claim
Substantial evidence is necessary to prove fault, and we compile different forms of proof to construct a solid case for you.
Common evidence sources include:
- Police Reports: This document provides the responding officer’s initial observations, diagrams, and sometimes their preliminary opinion on fault.
- Witness Statements: We identify and interview anyone who saw the accident to get their independent account of what happened.
- Photo and Video Footage: Our team looks for traffic cameras, security cameras from nearby businesses, or dashcam footage that captured the incident.
- Accident Scene Analysis: We may visit the scene to take photos of the crosswalk, traffic signals, sightlines, and any physical evidence left behind.
Addressing Comparative Negligence in Florida
Florida uses a modified comparative negligence rule to handle shared fault in accident claims. Under this standard, you cannot recover compensation if you’re found to be more than 50% responsible for the accident.
If your fault is determined to be 50% or less, your financial recovery gets reduced by your percentage of fault. For instance, being found 20% at fault reduces your final compensation by 20%. This gives insurance companies a powerful incentive to shift as much blame as possible onto you.
An adjuster might argue that you were distracted or not using a crosswalk to push your fault above the 50% threshold and deny your claim entirely. An experienced Tampa pedestrian accident Lawyer anticipates these tactics.
We work to build a case that accurately establishes the driver’s liability and minimizes any percentage of fault wrongly assigned to you.
Your Rights as a Pedestrian in Florida
Florida law outlines specific rights and responsibilities for drivers and pedestrians to promote road safety. Generally, drivers have a legal duty of care to operate their vehicles safely and watch out for others on the roadway, including people on foot. Pedestrians also have to follow traffic laws.
When a driver fails in their duty and injures a pedestrian, they can be held financially responsible for the resulting harm.
Understanding Crosswalk Laws
Pedestrians have the right-of-way in marked crosswalks when the signal allows it. Even at intersections without a marked crosswalk, vehicles must yield to pedestrians. This is a fundamental rule of road safety in our state.
Drivers are required to stop for pedestrians in these situations, not just slow down. A failure to yield is a clear breach of their duty of care. Proving that you had the right-of-way is a key component of many successful claims.
The Driver’s Duty of Care
A driver’s responsibility goes beyond simply yielding at crosswalks. They must operate their vehicle with the caution that a reasonable person would use under similar circumstances.
This includes paying attention to their surroundings and anticipating the presence of pedestrians, especially in residential areas, school zones, or commercial districts like those in South Tampa.
Common examples of driver negligence include:
- Distracted Driving: This includes texting, talking on the phone, or adjusting the GPS instead of watching the road.
- Speeding: Exceeding the speed limit reduces a driver’s reaction time and increases the severity of an impact.
- Failing To Yield: Disregarding a pedestrian’s right-of-way at a crosswalk or intersection is extremely dangerous for walkers.
- Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs is a serious form of negligence.
- Ignoring Traffic Signals: Running a red light or a stop sign places everyone around the driver in danger.
Non-Economic Damages
Non-economic damages compensate you for the personal, non-financial ways the accident has affected you. These losses are very real, but don’t have a simple price tag. It’s the job of your Tampa pedestrian accident lawyer to define these harms and argue for their full value.
These damages can include:
- Pain and Suffering: This compensation covers the physical pain and emotional distress caused by your injuries.
- Mental Anguish: This includes anxiety, depression, or other psychological conditions that develop because of the traumatic event.
- Loss of Enjoyment of Life: We demonstrate how the injuries have limited your ability to participate in hobbies, activities, and daily routines you once enjoyed.
- Permanent Scarring or Disfigurement: This compensation is for the permanent physical changes resulting from the accident.
Common Mistakes That Weaken Your Tampa Pedestrian Accident Claim
After being injured in a pedestrian accident, certain actions can unintentionally harm your ability to recover fair compensation. Insurance adjusters are trained to look for any reason to deny or reduce the value of a claim.
Protecting your claim begins immediately after the incident. Your words and actions can be used against you. A skilled Tampa pedestrian accident lawyer can provide guidance on how to communicate and what information to share.
Be mindful of these common errors:
- Giving a Recorded Statement: You’re not obligated to provide a recorded statement to the at-fault driver’s insurance company without your attorney present.
- Accepting a Quick Settlement: The first offer is almost always too low and doesn’t account for your future needs.
- Posting on Social Media: Insurance companies may review your social media profiles for photos or comments that contradict your injury claim.
- Delaying Medical Treatment: Gaps in your medical care can be used to argue that your injuries are not as serious as you claim.
FAQ for Tampa Pedestrian Accident Lawyer
How Long Do I Have To File a Pedestrian Accident Claim in Florida?
In Florida, the statute of limitations for a personal injury claim based on negligence is generally two years. It’s beneficial to act much sooner. Building a strong case takes time. Give your personal injury lawyer ample time to gather evidence and interview witnesses while their memories remain fresh.
What Should I Do if the Driver Who Hit Me Was Uninsured?
If the at-fault driver has no insurance, you might still have options. Your own auto insurance policy may include Uninsured or Underinsured Motorist (UM/UIM) coverage, which can be used to cover your damages.
A Tampa pedestrian accident lawyer can review your policy to see available coverage.
Why Do I Need a Tampa Pedestrian Accident Lawyer if the Insurance Company Already Made an Offer?
The insurance company’s primary goal is to protect its own financial interests by paying out as little as possible. An initial settlement offer rarely accounts for the full scope of your future medical needs, lost earning potential, or non-economic damages.
A Tampa pedestrian accident attorney calculates the full value of your claim and fights for a settlement that truly meets your needs.
Do I Still Have a Case if I Was Jaywalking?
You may still have a case even if you were partially at fault. Florida’s comparative negligence rule allows you to recover damages if you’re not 51% or more at fault. Even if you were crossing outside a crosswalk, the driver still had a duty to see you and avoid a collision if possible.
What Evidence Is Most Helpful for a Successful Claim?
A successful pedestrian injury claim depends on key evidence like the official police report, photos and videos of the accident scene, pictures of your injuries, contact information for any witnesses, and detailed medical records that link your injuries directly to the accident.
Find Your Footing With Roman Austin Car Accident and Personal Injury Lawyers
Your life was disrupted the moment you were struck by that vehicle. Now is the time to regain clarity and order. You can take control of your situation by learning your rights and making a plan. Roman Austin Car Accident and Personal Injury Lawyers will create a blueprint for justice on your behalf.
Let us handle the legal complexities so you can dedicate your energy to healing. Contact our team today for a free consultation, and let a dedicated Tampa pedestrian accident lawyer start working for you. Call us at (813) 694-3054.