At the Brandon, Florida law office of D. Michael Elkins, P.A., I have over 20 years of experience in handling claims involving pedestrian accidents. The situations in which pedestrian injuries can occur are varied. Pedestrian accidents can occur when someone is crossing a street or road. They may occur when a pedestrian is within a crosswalk at an intersection. Pedestrian injuries may occur on a roadside or in a parking lot, or in any virtually any situation where a pedestrian might come into contact with a negligent motorist. If you have suffered a pedestrian injury in a parking lot accident, in a roadside accident, in an accident within an intersection or a crosswalk, or in an accident where you were simply crossing a street or road, please contact me and let me put my experience as a pedestrian accident lawyer to work for you.
In any collision between a heavy motor vehicle and a pedestrian, the vehicle can usually leave the accident scene relatively undamaged. Unfortunately the same cannot be said for the pedestrian. In my experience injuries caused by a negligent motorist to a pedestrian are immediate, extensive and serious. It is not uncommon for pedestrian accidents to cause fractures to several parts of the body as well as injuries to various internal organs. Some pedestrians even suffer brain injuries which can have either short or long-term effects upon speech or memory. If you have been involved in such an accident, please contact me to discuss your right to pursue a personal injury claim against the party or parties responsible for your pedestrian injury.
Who Can Be Held Responsible For My Accident?
Legal responsibility for a pedestrian accident is dependent upon the facts of the particular case. In some instances, responsibility will rest solely upon the negligent driver of the automobile or truck who caused the accident and the owner of that vehicle. If the driver was operating the vehicle within the course and scope of his or her employment, their employer may also have legal responsibility for your pedestrian injury. I have extensive experience in handling auto accident claims and the legal principles involved in the claim of an injured pedestrian are very similar to those involved in an auto accident claim. Please contact me to discuss the facts of your pedestrian injury claim.
Sadly, it is not uncommon for pedestrians to be hit by the driver of an automobile or truck who then flees the scene of the accident, never to be identified. Pedestrians injured in such hit and run accidents may be entitled to seek recovery of their damages through what is known as an uninsured motorist claim. I have extensive experience in handling uninsured motorist claims as well as underinsured motorist claims, which are those in which the negligent motorist had some insurance, but simply not enough to provide full compensation to the injured party. Since the injuries suffered in pedestrian accidents can be so severe, it is not unusual for an underinsured motorist claim to result from such accidents. Please contact me to discuss your right to pursue an uninsured motorist claim or an underinsured motorist claim as a result of your pedestrian accident.
In some cases, legal responsibility for a pedestrian accident may rest in whole or in part upon the owner of the property where the accident occurred. For example, the owner of a parking lot may have failed to take action that might have prevented a pedestrian accident such failing to install adequate lighting or speed bumps, especially when there had been a history of prior accidents in that parking lot. If such was the situation in your case, your pedestrian accident is governed by the legal principles of premises liability. Please contact me so that I can put my experience in the field of premises liability to work for you with regard to your pedestrian accident claim.
Who Will Pay My Medical Bills And Lost Wages From A Pedestrian Accident?
In Florida, if you are struck as a pedestrian and are yourself the owner of a motor vehicle registered in Florida, your own motor vehicle No-Fault insurer has the primary responsibility for the payment of your medical bills and/or lost wages. Like most people, you may be surprised to learn that such is the case. One of the most common questions that I hear from clients is, “Why does my own insurer have to pay my bills if the accident was not my fault?” Please contact me and I will explain this confusing system to you as well as what types of damages can still be obtained from the party or parties responsible for your pedestrian accident.
In addition, if you have group health insurance coverage available to you or are a member of an HMO, your insurer or HMO may also make payments toward your medical bills; however, in many cases they will not, claiming that your auto insurer has the primary responsibility for paying those bills. It is not uncommon for an injured pedestrian to be bombarded with paperwork while their insurers battle over which company will pay which bill. Please contact meso that I assist you in getting through this paperwork nightmare as your pedestrian accident attorney.
Even though you may have automobile insurance, group health insurance, be receiving workers’ compensation benefits, or be a member of an HMO that is paying or that will pay your medical bills, this does not mean that a claim for damages cannot still be pursued against the negligent party or parties responsible for your pedestrian accident. Please contact me and I will explain your rights to seek full compensation for your pedestrian injury as well as any rights and responsibilities that you may have to reimburse your group health insurer, workers’ compensation insurer or HMO if we are successful in obtaining compensation from the responsible parties.
Who Will Pay My Pain And Suffering Damages From A Pedestrian Accident?
Unfortunately no workers’ compensation or group health insurance policy or HMO will pay you for the pain and suffering that you have or will experience in the future as a result of being involved in a pedestrian accident. As your personal injury attorney, one of my jobs is to recovery damages for your pain and suffering from the parties responsible for your accident, whether they be the negligent motorist, the owner of his or her auto or truck, his or her employer and/or the owner of the property whose negligence caused or contributed to your accident. Please contact me to make certain that your claim for pain and suffering damages is presented to all of the parties responsible for your pedestrian accident.
Although the amount of damages recoverable for pain and suffering will be dependent upon the nature and extent of your injuries, this is an important element of damages in any pedestrian accident claim, and in some cases, the damages recoverable for pain and suffering can be greater than the amounts recoverable for medical bills and lost wages. It is not uncommon for a negligent party or insurer to attempt to settle a case with an injured party who is not represented by an attorney by simply offering to pay for their medical bills and lost wages. Persons who accept such settlement offers without also requesting compensation for their pain and suffering may unknowingly be leaving money on the table! Please contact me to discuss the recovery of pain and suffering damages for your pedestrian accident.
Schedule a Free Initial Consultation
Call 813-699-4896 or contact me online to schedule a free consultation with an experienced eastern Hillsborough County personal injury lawyer. If I do not recover compensation for you, you will not pay an attorney's fee. I have flexible office hours and am available for weekend and evening appointments.
D. Michael Elkins, P.A.
1312 East Lumsden Road
Brandon, FL 33511
Toll Free: 866-986-4123 | Phone: 813-699-4896 | Fax: 813-567-1205
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At the law office of D. Michael Elkins, P.A., I represent clients throughout Tampa and Hillsborough County, Florida. My Brandon location makes my office especially convenient for those living or working in Eastern Hillsborough locations such as Brandon, Apollo Beach, Balm, Bloomingdale, Boyette, Dover, Durant, Fish Hawk, Fort Lonesome, Gibsonton, Lithia, Mango, Plant City, Progress Village, Riverview, Ruskin, Seffner, Sun City Center, Sydney, Thonotosassa, Valrico, Wauchula and Wimauma.