In the state of Florida, it’s each driver’s responsibility to look out for everyone on the road. You might be able to file a lawsuit if a driver hits you while you’re walking on the road or sidewalk. However, every case has a statute of limitations, so it’s important to act as quickly as possible.
What are your rights as a pedestrian?
As a pedestrian, you have the right to file a lawsuit after a car accident. You might be able to sue the driver for damages, including medical bills, lost wages and emotional suffering.
However, there are a few exceptions to these rules. After the accident, you’ll need to file the lawsuit within the statute of limitations in Florida. If you miss your chance, you won’t be able to file a lawsuit later on. Additionally, it’s your responsibility to use common sense while you’re on the road. If you walk across a highway during rush hour, you might not be able to claim damages.
Depending on the situation, the judge might rule that you’re partially responsible for the accident. You could still file for damages if you’re less than 50% responsible for the accident. However, if the judge rules that you share most of the responsibility, your lawsuit might fail in court, or you may qualify for only a percentage of the damages instead of the full amount.
What should you do after an accident?
After you seek medical attention, talk to an attorney as soon as possible. Your attorney may tell you if you have a case to begin with. If not, you could save yourself a lot of trouble by getting a legal evaluation first.
If you have a case, your attorney may help you seek legal action within the statute of limitations. If you were the victim, you could sue for financial and emotional damages. You might qualify for 100% of the damages if the judge rules that you weren’t responsible for the accident.