Pedestrians rely on the care and responsibility of those around them. If you suffered an injury as a pedestrian, you might benefit from a dedicated personal injury in your local area. Insurance companies, corporations, and opposing law firms could be resourceful and hard to oppose without help. A Pasco County pedestrian accident lawyer could help you fight for your relief.
The Elements of Negligence
In many cases, a pedestrian accident results from negligence. Negligence is an unintentional tort, or wrong, that was committed by one person and resulted in harm against another. There are four basic elements of negligence that must be proven:
Duty of care
Everyone on the road has a general duty of care to conduct themselves as a reasonably prudent person would act under similar circumstances. Special duties of care could be imposed depending on a person’s profession, situation, or the activity in which they are engaged. Drivers, for example, have a duty to operate their vehicle with reasonable care and adhere to traffic laws and regulations.
Breach of duty
If someone fails to act as a reasonably prudent person or an otherwise applicable special duty of care, they are in breach. If a driver violates a traffic law, regardless of intent, they are in breach of their duty of care. Driving over the speed limit is a common instance of a breach of duty. Plaintiffs in a pedestrian accident case must prove that the driver who caused their injury was in breach.
Causation and Harm
Under the last two remaining elements of negligence, a pedestrian accident plaintiff in Pasco County must show that the defendant’s breach caused their injuries. If a driver was speeding by but never touched the plaintiff, and the plaintiff was injured three hours later, the defendant driver would be in breach, but they could not be deemed the cause of the plaintiff’s injuries.
Seeking Damages for Pedestrian Accidents in Pasco County
Pedestrian accident plaintiffs must file their personal injury lawsuit within four years of the date of the accident, according to Florida Statutes §95.11. Plaintiffs may seek property damages that result from the incident. Common economic damages include quantifiable losses such as medical bills and lost income.
Noneconomic damages may also be pursued. These damages are not as easily quantifiable and require a judge or jury to assess their value based on the severity of the case and other similar cases, among other factors. Noneconomic damages might cover emotional anguish, pain and suffering, and loss of enjoyment of life.
In some cases, punitive damages may be awarded to punish a defendant when their conduct rises above ordinary negligence, and the court feels that it is appropriate to impose additional damages to deter the defendant from committing the wrongful act again.
Consult a Pasco County Pedestrian Accident Attorney Today
If someone was negligent and caused you an injury as a pedestrian, they should be held accountable. A Pasco County pedestrian accident lawyer could help you hold them responsible and seek the relief you deserve. Pursuing your legal recovery could help you restore the losses you have endured, and help protect future pedestrians in the process. To learn more about your options, call now for a consultation.