Can Pedestrian’s Sue for a Car Almost Hitting Them in Florida?

When a pedestrian is hit by a car, the damages they suffer are usually substantial and can sometimes be deadly. Recently, the National Center for Health Statistics reported that 7,522 pedestrians lost their lives in traffic crashes that took place on public roads. 

Due to the seriousness of injuries that pedestrians can suffer if they are hit by a car, it is imperative that drivers are responsible behind the wheel so that they do not harm pedestrians who may be nearby. Despite this, pedestrian accidents happen every day.

Determining who is responsible for a pedestrian accident can be tricky. Florida’s comparative negligence system means that both parties in an accident could be assigned some percentage of fault for an accident happening.

Pedestrians who are harmed by negligent drivers can speak to a Tampa car accident attorney at Fulgencio Law to learn more about their case and to determine its potential worth.

Do You Have a Case if You Were Almost Hit By a Car?

There are many different ways that a driver can behave negligently and cause an accident, such as speeding, driving while inebriated or tired, distracted driving, not obeying the rules of the road, and more. In some instances, such negligent behavior may not cause an accident but only narrowly miss hitting another party.

In a situation like this, if you are a pedestrian where a car almost hits you, it is likely you will be taken aback and shaken up. Even though a car didn’t hit you, the fact that it almost did is a scary thing to think about.

If a car doesn’t hit you, then you will not have the right to legal recourse. The basis of a personal injury claim includes showing that all of the following elements exist:

• The party had a legal duty of care to you.
• The party violated their legal duty of care to you.
• The violation caused your accident.
• The accident resulted in your injuries and damages.

An accident that did not happen just almost happened, doesn’t result in damages. Due to this fact, it becomes difficult to impossible to put a claim together. Personal injury claims must have damages to be of value and have the possibility of recovering compensation. Damages would include the medical costs associated with injuries, missed wages, and pain and suffering.

When a pedestrian accident happens, and a car does hit you, the best thing to do is move to a place that is safe and away from traffic if you are able. Call the police and exchange contact information with those involved in the accident. Then, seek medical attention right after your pedestrian accident. Calling an attorney is another step to take that can help you understand your legal rights to file a claim and your ability to recover compensation.

Call Fulgencio Law Today

Pedestrian accidents can result in considerable physical bodily harm. While accidents that almost happen can be alarming, a claim would only apply to individuals who sustained damages from an accident that took place.

To have your case evaluated by a Tampa personal injury lawyer during a free consultation at Fulgencio Law, please call (813) 463-0123.