According to data from Smart Growth America, the Palm Bay-Melbourne-Titusville region is the 3rd most dangerous metropolitan area in America for pedestrians. In fact, between 2008 and 2017 alone, 165 pedestrians were killed here – with countless others being seriously injured.
Fortunately, Florida has laws in place to help you recover compensation if a negligent party caused your pedestrian accident. Yet, for some victims, the legal world can seem intimidating, time-consuming, and confusing.
If you feel apprehensive about taking legal action in your case, just remember that you do not have to face your legal battle alone. A Melbourne pedestrian accident lawyer can be in your corner from the beginning of your case to the final judgement.
In fact, if you would rather hand your case off to a team of legal professionals, our pedestrian accident attorneys can handle the entirety of your proceedings while you focus on what truly matters after a life-altering accident.
For more information about our legal services at Bogin, Munns & Munns, contact a representative today at (321) 254-3939 to receive your free consultation.
Recoverable Damages for Pedestrian Accident Victims in Melbourne
If a negligent party is found liable for your pain and suffering, you may be eligible to recover multiple damages to help address your unique hardships.
Types of recoverable damages for your personal injuries can include:
- Medical expenses
- Lost wages and benefits
- Diminished income potential
- Long-term care and accommodations for disabilities
- Property damage
- Loss of companionship with loved ones
- Mental anguish
- Punitive damages (which are solely awarded to punish egregious offenders)
- And more
Moving forward, you should know that you can still recover damages even if you were somewhat at-fault for your accident. However, as detailed under Florida Statutes §768.81, your final settlement may be reduced by your overall percentage of culpability.
To consult with an experienced pedestrian accident lawyer serving Melbourne, call 855-686-6752
The Epidemic of Pedestrian Injuries and Fatalities in Florida
According to studies by Smart Growth America, Florida is by far the most dangerous state for pedestrians in America. In fact, eight of Florida’s metropolitan cities are in the top 10 deadliest regions for pedestrians.
Sadly, data from the Florida Highway Safety and Motor Vehicles (FLHSMV) shows that approximately 5,000 pedestrians suffered injuries after traffic accidents in 2018. This statistic does not even include the 720 pedestrians who were tragically killed in Florida that year.
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Minimum Insurance Requirements for Melbourne Drivers
According to the FLHSMV, Florida drivers are required to carry the minimum amount of personal injury protection (PIP) and property damage liability (PDL) coverage.
These unique insurance requirements include:
- A minimum of $10,000 in PIP
- A minimum of $10,000 in PDL
- For taxi drivers, there is a requirement to carry bodily injury liability (BIL) coverage of $125,000 per person, $250,000 per accident, and $50,000 for PDL insurance
- And more
Fortunately, if you have PIP coverage for your car, your medical expenses may still be paid even though you were not in your vehicle when the accident occurred. If you do not own a car, the negligent driver’s PIP coverage may pay your medical costs.
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The Role of Premises Liability in Pedestrian Accidents
If your pedestrian accident occurred on another party’s property, they may be held responsible for your damages if they owed you a duty of care. However, to recover damages, you must be legally allowed to be on the premises in question.
As such, property owners are typically not responsible for offering duty of care to trespassers. Additionally, aside from exceptional circumstances, uninvited licensees who come to the property for their own gain are excluded from duty of care.
According to The Florida Bar, the owner may be held liable for your pedestrian accident if you meet the appropriate qualifications for a visitor. These visitor statuses include:
- Public invitee: Individuals invited to the property as a member of the public, which serves the overall purpose of the property (like a public park).
- Business invitee: Individuals invited to enter the property for business dealings with the property owner (like a grocery store).
- Licensee by invitation: A social guest of the property owner.
If you meet these standards, Florida law requires property owners to provide you with a reasonable expectation of safety. That includes fixing hazards that you may be unaware of and adequately warning you about any potential dangers.
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Proving Liability in Auto-Pedestrian Accidents Can be Complex
Proving liability in a pedestrian accident may not be as simple as it seems. Our attorneys can help investigate your accident to help reveal the truth behind your pain and suffering.
If you retain a Melbourne pedestrian accident lawyer at our law firm, we can help prove liability in many ways, including:
- Acquiring police reports
- Reviewing medical documents
- Gathering testimony from credible eyewitnesses
- Examining video evidence and photographs
- Obtaining cell phone records
- Calling upon outside experts, who can help provide insights about your accident
- And more
To learn more about proving liability in pedestrian accidents, contact a Bogin, Munns & Munns team member today at (321) 254-3939 to receive your free consultation.
Contact the Office of a Pedestrian Accident Attorney in Melbourne for Help Today
Our law office has proudly represented accident victims in Central Florida since 1979. As such, if you retain a Melbourne pedestrian accident lawyer at our firm, there is a good chance we have seen a case like yours in the past.
Ultimately, our law firm offers a wide variety of legal services to help you seek justice, including:
- Assigning value to your economic and non-economic losses
- Offering legal guidance
- Assisting with settlement negotiations
- Working to prove liability
- Communicating with parties on your behalf
- Examining insurance policies
- And more
However, before you make any decisions about your case, keep in mind that Florida Statutes §95.11 assigns a four-year statute of limitations on most personal injury claims, starting on the day of your accident. If you fail to take legal action in time, you may be unable to recover damages.
To get started with your free consultation today, contact a Bogin, Munns & Munns team member at (321) 254-3939.