Do I Need a Pedestrian Accident Attorney in Tampa?

Do I Need a Pedestrian Accident Attorney in Tampa?

Pedestrian accidents in Tampa are unfortunately common – especially at busy traffic intersections, shopping centers, parking lots, parking garages, and other areas where motor vehicles and pedestrians must share the road.

If you recently sustained injuries in a Tampa pedestrian accident, you need a lawyer on your side representing you as quickly as possible. Insurance companies frequently try to take advantage of unrepresented accident victims.

A skilled Tampa pedestrian accident attorney can aggressively fight for your rights, file a claim with the appropriate insurance company on your behalf, or, if necessary, litigate your third-party case to a resolution in court.

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How do Pedestrian Accidents Frequently Happen in the Tampa Region?

Pedestrian accidents in and around Tampa, Florida, are often the tragic result of driver negligence.

These accidents typically occur due to several common factors:

• One major cause of pedestrian accidents is distracted driving. Drivers frequently divert their attention from the road to engage with their phones, adjust the radio, or even eat while driving. This lapse in focus can prevent drivers from noticing pedestrians crossing the street, resulting in accidents. Tampa’s busy streets and numerous intersections increase the risk, as drivers may fail to see a pedestrian until it’s too late.
• Speeding is another significant factor contributing to pedestrian accidents. In Tampa, many areas have posted speed limits that impatient drivers often ignore. When a vehicle is speeding, the driver has less time to react to unexpected events, such as a pedestrian stepping into the crosswalk. Higher speeds also mean that any collision is likely to cause more severe injuries to the pedestrian.
• Failing to yield at crosswalks is a common issue as well. Florida law requires drivers to stop for pedestrians in crosswalks, yet many drivers either are unaware of this law or choose to ignore it. This negligence can be particularly dangerous in Tampa, where pedestrians often rely on crosswalks to navigate busy roads safely. When drivers fail to yield, pedestrians are left vulnerable to being struck.
• Driving under the influence of alcohol or drugs is another common cause of pedestrian accidents in Tampa. Impaired drivers have reduced reaction times and impaired judgment, making them more likely to hit pedestrians. Despite strict laws against DUI, it remains a persistent problem in Tampa, contributing to many pedestrian accidents each year.
• Weather conditions also play a role in pedestrian accidents. Tampa is known for its sudden rain showers and thunderstorms, which can reduce visibility and make roads slippery. Drivers who do not adjust their speed or driving habits for these conditions are more likely to cause accidents with pedestrians.
• Finally, improper lane usage and failing to obey traffic signals can lead to pedestrian accidents. Drivers who swerve into bike lanes, run red lights, or make illegal turns create hazardous situations for pedestrians. In a city like Tampa, with its mix of urban and suburban environments, these behaviors can lead to a higher incidence of pedestrian accidents.

What Are the Most Common Injuries in Tampa Pedestrian Collisions 

Pedestrian accidents in Tampa can result in a range of severe or even life-threatening injuries.

• One of the most common injuries in pedestrian accidents is broken bones. When a vehicle strikes a pedestrian, the force of the impact can easily fracture bones in the victim’s legs, arms, ribs, and even the skull. Fractures often require extensive medical treatment, including surgery, and can result in long recovery periods and lasting physical limitations.
• Head injuries are also prevalent in Tampa pedestrian accidents. These can range from headaches and migraines to concussions and other traumatic brain injuries (TBIs). Even a relatively minor hit can cause significant brain trauma, leading to symptoms such as headaches, dizziness, memory loss, and cognitive impairments. Severe TBIs may have lifelong consequences, affecting a person’s ability to work, perform daily activities, and maintain relationships.
• Spinal cord injuries are another serious concern. When a vehicle hits a pedestrian, the spine can be subjected to extreme forces, potentially leading to damage. This can result in partial or complete paralysis, depending on the location and severity of the injury. Spinal cord injuries often require long-term rehabilitation and can permanently alter an individual’s quality of life.
• Internal injuries are also common in pedestrian accidents. The force of the collision can cause damage to internal organs, leading to internal bleeding and other complications. Injuries to the liver, kidneys, and spleen can be life-threatening and may require emergency surgery to address.
• Soft tissue injuries, including sprains, strains, and contusions, are also frequently seen in pedestrian accidents. While these injuries may seem minor compared to broken bones or head injuries, they can still cause significant pain and discomfort. Soft tissue injuries can limit mobility and require physical therapy to heal properly.
• Lastly, pedestrians involved in accidents often suffer from deep cuts and lacerations. These injuries may result from direct contact with the vehicle, the road surface, or debris from the accident. While some cuts may be superficial, deeper lacerations can cause significant blood loss and require stitches or other medical interventions to heal properly.

In addition to negotiating with insurance companies, a pedestrian accident lawyer can represent you in court if necessary.

While many cases are settled out of court, some may require litigation to achieve a fair outcome. An experienced lawyer will be prepared to present your case in front of a judge and jury, advocating for your rights and fighting for the compensation you need to recover fully.

An experienced pedestrian accident lawyer also understands the nuances of Florida’s personal injury and insurance laws. They can guide you through the legal process, ensuring that all deadlines are met and paperwork is correctly filed. This knowledge can prevent costly mistakes that may jeopardize your case.

Furthermore, a compassionate lawyer will provide emotional support during this challenging time. Dealing with the aftermath of an accident can be overwhelming, and having a dedicated advocate by your side can alleviate some of the stress. They will keep you informed about the progress of your case and offer advice on the best course of action.

An experienced Tampa pedestrian accident lawyer can be a vital ally in your case. Their legal skills and dedication can make a significant difference in your recovery journey, from gathering evidence and negotiating with insurance companies to representing you in court and providing emotional support.

Maximizing Compensation in a Tampa Pedestrian Accident Case

Pedestrian accident cases in Tampa often involve various types of insurance coverage that can help cover the costs associated with an accident.

The primary type of insurance coverage is Personal Injury Protection (or PIP) coverage. Florida law requires all drivers to carry PIP insurance. Therefore, as long as you or a household member has PIP insurance for a vehicle, you will receive coverage pursuant to that policy in a pedestrian accident scenario.

If you did not own a vehicle at the time of your pedestrian accident, the PIP insurance of the at-fault driver should cover you.

PIP covers medical expenses, lost income, and other costs up to the policy limit, regardless of who was at fault. Typically, PIP provides up to $10,000 in coverage, which may not be sufficient for severe injuries. However, it is the first line of coverage an injured pedestrian can access.

In general, PIP insurance is supposed to cover relatively minor accidents. However, if your lost income and medical expenses are greater than $10,000, you can file a third-party claim against the at-fault driver’s bodily injury (BI) policy – or a lawsuit against the at-fault driver – for these damages.

In a third-party claim or lawsuit, an injured pedestrian may recover damages, including:

• Medical expenses are the most immediate concern. Compensation can cover hospital bills, doctor visits, surgeries, physical therapy, medication, and any future medical needs related to the injury.
• Lost income is another significant area of compensation. If the pedestrian is unable to work due to their injuries, they can recover the income they would have earned during their recovery period. This can also include future lost earning capacity if the injuries result in long-term or permanent disability.
• Pain and suffering damages compensate the injured pedestrian for the physical pain and emotional distress resulting from the accident. This type of compensation can be substantial – especially in cases of severe injury or trauma.
• Lastly, an injured pedestrian may be entitled to compensation for other damages such as loss of life enjoyment, permanent disfigurement, and loss of companionship if the injuries affect their ability to participate in activities or relationships they once enjoyed.

Litigating a Third-party Pedestrian Accident Case in Tampa

Litigating a pedestrian accident case in the Tampa civil courts becomes an option when the injured party and the responsible party cannot reach a fair settlement through negotiations.

• First, third-party litigation may be necessary if the insurance company denies your claim or offers an insufficient settlement that doesn’t cover your medical expenses, lost income, and other damages. Insurance companies often aim to minimize their payouts, and if they refuse to negotiate fairly, taking the case to court may be the best way to ensure that you receive adequate compensation.
• Additionally, litigation may be required if the injuries sustained are severe or lead to long-term disabilities. In these cases, the compensation needed is often substantial, and the insurance company may be unwilling to pay the full amount. A lawsuit can help secure the necessary funds to cover ongoing medical treatment and other long-term costs.

When it comes to litigation options, there are several paths you can take:

• Filing a Personal Injury Lawsuit – This is the most common litigation option. You, as the plaintiff, file a lawsuit against the at-fault driver. Your lawyer will present evidence to show that the driver was negligent and that their actions caused your injuries. A judge or jury will decide the case and determine the amount of compensation you should receive.
• Mediation – Before going to trial, many cases go through mediation. This is an alternative dispute resolution (ADR) proceeding where a neutral third party (the mediator) helps both sides negotiate a settlement. Mediation can be a less adversarial and more cost-effective way to resolve the dispute, but it requires both parties to compromise.
• Arbitration – Similar to mediation, arbitration involves a neutral third party. However, in arbitration, the arbitrator makes a binding decision after hearing both sides’ arguments. This can be quicker than a full trial, but the decision is final and typically cannot be appealed.

Call an Experienced Tampa Pedestrian Accident Attorney Right Away

Pedestrian accident claims and lawsuits in Tampa can be difficult, if not impossible, to navigate on your own.

A skilled Tampa personal injury lawyer can represent you throughout every stage of your case, from negotiating with insurance company representatives to litigating your case through the state court system, if necessary.

Your attorney will be by your side every step of the way and fight for your right to the compensation and justice you deserve.

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