Do I have a claim for my damages even though I was walking in the fog and a driver had a hard time seeing me?
More than likely you will be able to get reimbursed for your medical expenses and even a percent of your lost wages after your pedestrian accident and injury. Florida’s personal injury protection (PIP) laws apply to pedestrians too, which means that you don’t have to be a driver or passenger to get compensated for your damages.
Although injured pedestrians are entitled to PIP benefits under the law, you might be wondering about pursuing a personal injury lawsuit to compensate you for the rest of your losses. If you weren’t jaywalking and you were obeying the road rules, you more than likely have a claim for damages. However, every case is unique and needs to be reviewed based on the specifics of the case.
For example, were you wearing dark-colored clothing or were you wearing reflective gear? Were you paying attention and walking cautiously in inclement conditions, or were you distracted and listening to headphones or talking on your cellphone? While none of these things are against the law, it can show a judge and jury that you weren’t being very safe while walking, which could diminish the value of your case.
Before giving up on pursuing this matter, talk with an experienced personal injury lawyer about your pedestrian accident specifics. Our law firm has helped many injured pedestrians seek justice and receive the compensation they deserve. Call us today for a free consultation and find out if we can help you at 888-409-3805. We would be happy to answer your questions.