I Had a Pedestrian Accident in Ocala Downtown Square. How Can I Proceed?
Bill Allen | October 4, 2024 | Personal Injury
Pedestrian accidents are common throughout Florida. In 2023, the FLHSMV reported 10,298 pedestrian crashes. Thousands of pedestrians were injured, and 792 pedestrians were killed in car accidents.
Ocala Downtown Square attracts residents and tourists. It is within walking distance of dining, shopping, and entertainment. Many events are held in the square, meaning there is a large number of people who walk around it and the downtown areas.
If you are involved in a pedestrian accident in Ocala Downtown Square, you may be entitled to compensation for your injuries and damages.
Ocala Downtown Square Pedestrian Accidents and Florida PIP Insurance Coverage
Florida drivers must have $10,000 in Personal Injury Protection (PIP) insurance coverage. PIP is no-fault insurance, so it pays benefits to the insured regardless of who is at fault for a car accident.
If you have PIP insurance, it will cover your medical bills and lost wages if a driver hits you. If you do not have PIP insurance, the driver’s policy should cover you, or you may be covered by a policy owned by someone in your home.
It is important to remember that PIP insurance does not pay all medical bills. It only covers 80% of the cost of your medical treatment, and it is limited to $2,500 in benefits unless you sustain injuries requiring emergency care. You must also seek medical treatment within 14 days to be eligible for PIP benefits.
PIP insurance also pays up to 60% of your lost wages. However, the same rules and restrictions apply to receive benefits. If your medical bills and lost wages exceed the policy limit, you may have a significant financial loss because of a pedestrian accident.
Can I Sue a Driver for a Pedestrian Accident in Downtown Ocala, FL?
Pedestrians often sustain severe injuries when they are hit by a vehicle. Common injuries include traumatic brain injury, crushing injuries, broken bones, spinal cord injuries, and internal organ damage. They may require extensive medical treatment and rehabilitative therapy.
Florida insurance laws make an exception to the no-fault insurance rules. A pedestrian can sue the at-fault driver if they sustain serious injuries. Therefore, you may receive compensation for all economic and non-economic damages and losses, including:
- The full cost of past and future medical treatment
- Rehabilitative therapies and treatment
- Impairments and disabilities
- Property damage
- Diminished quality of life and loss of enjoyment of life
- Lost wages and benefits
- Scarring and disfigurement
- Pain and suffering
- Out-of-pocket expenses
- Mental anguish and emotional distress
- Reduced future earning capacity
The value of your damages depends on many factors. The insurance company and the at-fault driver may try to blame you for causing the accident. Pedestrians usually have the right of way at crosswalks, and drivers have a duty of care to stop for someone on the road.
However, if you break the law or are negligent, you may be accused of contributing to the cause of the pedestrian accident. If so, your damages could be reduced or barred under Florida’s contributory fault law. Before you speak with an insurance adjuster, we strongly recommend consulting an attorney about your rights and legal options.
How Do I Prove Fault for a Pedestrian Accident in Ocala, FL?
If you sue the driver for damages after a pedestrian accident, you have the burden of proving the elements of a negligence claim. You must prove by a preponderance of the evidence that:
- The driver had a legal duty to use reasonable care to avoid an accident,
- The driver’s failure to use reasonable care was a breach of duty,
- The driver’s actions were the proximate and direct cause of the accident, and,
- You sustained injuries and damages because of the accident.
Filing a personal injury claim can result in substantially more money than you receive for a PIP claim. However, proving fault and fighting the insurance company can be challenging without the assistance of an experienced personal injury lawyer.
Steps to Take After a Pedestrian Accident in Ocala Downtown Square
If you are hit by a car in downtown Ocala, steps you can take to protect your rights include:
- Call 911 to report the accident and request medical assistance
- Ask bystanders and witnesses for their contact information
- If possible, take photographs of the accident scene
- Do not admit fault or apologize for the accident
- Seek immediate medical treatment for your injuries and follow your doctor’s treatment plan
- Document damages by keeping careful records
Finally, contact Allen Law Accident & Injury Lawyers for a free consultation if you need help with a pedestrian accident claim or other personal injury matter.
Contact Our Ocala Pedestrian Accident Law Firm in North Central Florida
If you need legal assistance, contact the Ocala pedestrian accident lawyers at Allen Law Firm, P.A. at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652