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Nicoletti Walker Law Group Sept. 16, 2014

As a pedestrian, being struck by a car can be a devastating experience. You are at a much greater risk of injury in this situation because you are completely exposed and do not have any of a car’s standard safety features to protect you. To make matters worse, oftentimes you will have little warning that you are about to be struck by a car, so you won’t be able to brace yourself or move out of the way in order to minimize your injuries. If you do find yourself in the unfortunate situation of being hit by a car while you are walking on a road or a sidewalk, follow these steps to make sure your situation can be resolved safely, quickly, and as stress-free as possible.

Make Sure Everyone is Safe

If you are involved in an accident where you or another pedestrian is struck by a car, the first thing you should always do is make sure everyone is safe and that the danger is over. Get yourself and others out of the road and out of the way of any other moving vehicles that may be nearby. Do not attempt to administer medical treatment unless you are a professional or if you are trained in first aid or CPR. After you make sure yourself and everyone else is out of immediate danger, contact the police, medical providers, and auto insurance providers. When the police arrive, make sure that you give a complete and accurate account of what happened. You should also exchange contact information with anyone else who was involved in the accident. Ensure that you get the name, phone number, and insurance information of the driver who struck you.

Determining Who is at Fault When a Pedestrian is Hit

To determine whether you will be able to be compensated for your injuries that were caused by the accident, the law will determine who was at fault for the accident. For someone to be at fault, or negligent, he or she must fail to exercise a reasonable standard of care under the circumstances. However, it is possible that both the driver and the pedestrian could be negligent. For example, the pedestrian may have crossed the street when he did not have a walk signal while the driver of the car was traveling faster than the posted speed limit. In this sort of scenario, Florida uses what is called the “comparative fault” rule. Under this rule, the pedestrian can recover some damages even if he or she was partly at fault, but the amount of money recovered will be reduced by the percentage that the pedestrian himself was at fault.

If you have been injured by a moving vehicle and have suffered injuries to yourself or to your property, contact the experienced Clearwater personal injury attorneys at Mike Walker Law right away for a consultation.