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I was hit by a driver who said he couldn’t see me in the rain because I was wearing a dark shirt. Can I still sue him since he was at-fault—even though he is blaming me and the rain?



Before we can answer this question, we need to ask you a few questions to find out more about the pedestrian accident you were involved in. Were you crossing the street in a crosswalk and were you following traffic signals? Or were you crossing against a red light or jay walking? If you were obeying the road rules—even though you were wearing dark-colored clothing—you most likely have a valid claim for damages.

Drivers are supposed to drive carefully, attentively, yield to pedestrians, and drive appropriately for the weather conditions. If a driver was speeding, distracted, drunk, reckless, or careless in anyway, the driver can be held accountable for your medical bills, lost income, pain and suffering, and other damages and losses.

Unfortunately, medical bills and lost wages can add up quickly, leaving you in a financial mess. Because you cannot sue Mother Nature for your losses, you should meet with an accident attorney to review the details of your Sarasota pedestrian accident and potential claim. A knowledgeable injury lawyer can look over your accident report, medical charts, and other details of your accident to inform you if you have a valid claim.

For help filing a personal injury lawsuit in Florida, contact the Mallard Law Firm to learn more. We can discuss your case in detail and answer your additional questions in a free initial consultation. Call us today at 888-409-3805.

Damian Mallard, Esq.
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Board Certified Sarasota Personal Injury Attorney