"Whether it's a whiplash, serious injury or wrongful death case, we pride ourselves on representing you with the personal service and aggressive representation that you expect and deserve!" -Attorney Ron Sholes
Gainesville Pedestrian Accident Attorney
Pedestrian Accidents in Alachua County
Pedestrian accidents are some of the most serious and devastating of all motor vehicle collisions. When a person on foot is hit by a large, heavy vehicle, they are almost certainly going to suffer severe, life-threatening injuries. Unfortunately, these types of accidents are all too common.
If you or someone you love was hit by a car while crossing the street, walking along a roadway, or lawfully walking through an intersection, the Law Offices of Ron Sholes, P.A. can help. From our office in Gainesville, we represent clients in complex pedestrian accident claims involving catastrophic injuries and wrongful death. We understand the many physical, financial, and emotional hardships you and your family are facing, and we want to help. With over 100 years of combined experience and a proven track record of success, our attorneys have what it takes to aggressively advocate for your full recovery.
Liability in Pedestrian Accidents
Like most other personal injury claims, pedestrian accident cases rely heavily on the issue of liability. Determining who is liable for an accident—and, therefore, your injuries and resulting damages—is a critical component of successfully recovering compensation. However, identifying the liable party is not always easy, and proving that they are responsible for your damages can be even trickier.
Although many people believe that pedestrians always have the right of way, there are times when pedestrians are required to yield to vehicles. Insurance companies know this, and they will often attempt to dispute claims by arguing that the pedestrian was not following the rules of the road or violated state laws requiring that they yield the right of way to oncoming traffic. At the Law Offices of Ron Sholes, P.A., our Gainesville pedestrian accident lawyers know how to fight back against these tactics.
As a pedestrian, you have the right of way in the following circumstances:
- When crossing a street in a marked or unmarked crosswalk
- When crossing an intersection on a green light or walk signal
- When past, at, or quickly approaching the halfway point of a crosswalk
- When walking along a roadway where there is no sidewalk
However, you are required to yield to oncoming vehicles when crossing a roadway outside of a marked or unmarked crosswalk, outside of an intersection, or when suddenly entering a roadway or intersection to cross when oncoming traffic does not reasonably have enough time to yield.
Comparative Negligence: What It Is & How It Could Affect Your Claim
If the insurance company does try to argue that you were partially to blame for the accident, this does not necessarily affect your ability to file a claim. However, if they are successful in convincing the jury that you shared some of the fault, it will affect your recovery.
Florida follows a rule of pure comparative negligence, meaning anyone can file a personal injury claim for damages if they can prove that another party was at least 1% at fault for the injury-causing incident. In fact, in many accident claims, both parties are assigned some percentage of blame. As the injured party, your compensation will be reduced in direct proportion to your at-fault percentage.
For example, a jury might decide you were 30% to blame for an accident because you stepped out quickly into a crosswalk from behind parked cars, but the driver of the vehicle that hit you was sending a text message at the time of the accident, making them mostly at fault. If your total damages—including the cost of your medical bills, lost wages, and pain and suffering—amounted to $100,000, you would only be able to recover up to 70% of that amount, or $70,000.
Choose a Team That Will Fight for You
Pedestrians who are hit by cars, SUVs, and other vehicles often sustain serious, life-altering injuries, including brain injuries, spinal cord injuries, multiple fractures, and internal organ damage. At the Law Offices of Ron Sholes, P.A., we understand that such injuries require extensive—and costly—medical attention. You could be out of work for months or years; if you are now disabled, you may never be able to earn a living for yourself or your family again.
Our Gainesville pedestrian accident lawyers truly understand what you are going through. As your neighborhood attorney, we are passionate about helping you fight for the full, fair recovery you are owed. We are also committed to sending a message to negligent motorists and helping ensure a safer community for all.
When you choose the Law Offices of Ron Sholes, P.A., you choose a team of 30 experienced attorneys, 6 skilled investigators, and100+ compassionate support staff, all of whom are dedicated to helping you through this difficult time and working with you to get you back on your feet. We offer free initial consultations and contingency fees, meaning you do not owe anything unless/until we win your case.