I got hit by a car while walking — what now? Walking is truly a great way to get exercise. Whether you’re crossing the street or getting from point A to point B for some exercise, please remember that walking can be as dangerous as driving if you aren’t vigilant about potential hazards.
Pedestrian Fatalities are Happening in Alarming Numbers
The National Highway Traffic Safety Administration (NHTSA) reports that over 4,700 people die in pedestrian accidents yearly in the United States, and over 66,000 victims are hospitalized annually. The most common causes of fatal pedestrian-related accidents are attributed to the following:
- Pedestrians walking in driver areas
- Dangerous weather conditions
- Walking at night versus the day
- Age
- Driving or walking while intoxicated
I Got Hit by a Car While Walking. What Now?
If the pedestrian was crossing within a crosswalk, they can sue because they’re in the place where they should be. However, if the driver had the right of way and didn’t cause the accident, a pedestrian’s likelihood of winning a claim is low.
Since Florida applies a “permanent injury or scar” rule, photos of any bruising or cuts should be taken immediately after the accident if you’ve been fighting pain for a significant period. This classification allows the injured person to file a lawsuit to recover compensation.
In most injury cases, hiring an attorney is a smart option. This is especially true in neck and back injury cases since the amount of money that can be recovered for these types of injuries is much higher compared to other types of injuries.
What Compensation Can a Pedestrian Get if Hit by a Car?
A pedestrian may receive the following compensatory damages:
- Medical costs
- Lost earnings and benefits for disabilities
- Future healthcare costs
- Replacement value of lost personal property
- Compensation for travel expenses to and from medical visits
- Past agony and pain
- Potential future suffering
- Disability
- Mental suffering
- Loss of ability to experience life to the fullest
- Retaliatory damages
Will PIP Pay Medical Bills and Lost Wages in Pedestrian Accidents?
In most cases, yes, PIP will pay medical bills and lost wages if the pedestrian is struck by a car. In Florida, PIP pays up to $10,000 in most accidents where a vehicle hits a pedestrian. If you are driving an uninsured vehicle, you won’t get compensation from PIP.
The pedestrian’s insurance plan should cover medical bills. If the pedestrian’s injuries resulted from an accident, the pedestrian may file a claim against the driver, which may require them to reimburse the pedestrian for any medical bills. You can also be sued for pain and suffering if the pedestrian sustains injuries.
Can You Go to Jail for Hitting a Pedestrian?
If a driver is driving recklessly, they may be arrested. Some examples include speeding in a school zone or racing. If a reckless driver is responsible for an accident, they may be required to compensate the injured person.
What is the Penalty for Hitting a Pedestrian?
A driver can be ticketed if they hit a pedestrian, particularly if they are caught speeding, running a red light, or violating right-of-way laws. The fees for tickets depending on the offense committed and the situation. In addition, if a pedestrian is injured by a car, they may be able to get compensation from the insurance company. This includes money for medical bills and lost wages, plus pain and suffering.
If the accident happened in a state with the no-fault legislature, it is up to the pedestrian’s car insurance policy to cover medical bills and lost wages unless they file a claim. Florida is one example of such a state with no fault.
Contact Pacin Levine for Free Consultation
I got hit by a car while walking — what now? Don’t panic! You are not alone, and there are steps that you can take to ensure your safety and recover as quickly as possible. Contact us at 1-800-247-2727 to review your case. We will be happy to help guide you through the legal process and protect your rights.
