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Can I still file a lawsuit against a driver who hit me even though I was listening to music on my iPod while walking?

 

A: When a driver of a moving motor vehicle hits a pedestrian in Florida, generally the pedestrian should be able to file a personal injury claim to seek damages for injuries, medical bills, lost wages and instances of pain and suffering.  However, because we do not know the circumstance surrounding your case, it will depend on your case specifics as to whether or not you are entitled to pursue a personal injury lawsuit.

If you looked both ways before you crossed the street, crossed the street within a crosswalk, and were obeying the traffic laws—even if you were listening to music—then you most likely will be able to file a lawsuit against the negligent driver who hit you. However, if reports show or witnesses testify that you walked out into traffic, walked in front of a car or in their pathway while distracted by your iPod, or if you were texting while walking, then you may not be able to file a suit. 

In order for us to give you the best and most accurate legal advice, we need to find out all of the circumstances that surrounded your case in order to know if you are entitled to file a Florida personal injury claim for the injuries you sustained in your Sarasota pedestrian accident. 
For more information about your rights and for a complimentary consultation, call the Mallard Law Firm to speak with one of our knowledgeable Sarasota personal injury lawyers at (888) 409-3805 or complete our online submission to schedule your free consultation today.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney