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Whether you are crossing the street or walking on the side of the road, anytime you are walking near traffic, there is a risk that a passing motorist could hit you. Unfortunately, while some drivers stop to help when they hit pedestrians, many of these situations involve hit-and-run accidents.

When you get hit by a passing motorist, you have clear legal rights. While being involved in a hit-and-run accident can make asserting your legal rights more challenging, you still have options available. An experienced Naples car accident attorney can help you evaluate your options and take all necessary legal action on your behalf.

Your Rights After Being Hit by a Driver Who Flees the Scene of a Pedestrian Accident

After a pedestrian accident, your legal rights are the same regardless of whether the driver who hit you stops to help or flees the scene. If the driver was at fault (as is often the case), you can fight to hold the driver accountable—and, typically, this will involve dealing with the driver’s insurance company.

In Florida, victims of pedestrian accidents have the right to seek full compensation for all of their accident-related losses. This includes not only their medical expenses but also their lost earnings (if they are unable to work), emotional trauma, pain and suffering, loss of consortium and companionship, and loss of enjoyment of life.

As a pedestrian accident victim, you also have the right to gather the information you need to recover the financial compensation you deserve. In most cases, this starts with conducting an on-scene investigation. When you hire a Naples car accident attorney, your attorney will send an investigator to the scene to capture photos, take measurements, and collect any forensic evidence that may be available.

When dealing with a hit-and-run accident, this also involves trying to identify the driver who hit you. Although this can be a tough task, thanks to traffic cameras and cell phones, it is now more possible than ever before to identify hit-and-run drivers. Your lawyer can subpoena video footage of the accident site, talk to witnesses, and use a variety of other means to try to identify the vehicle—and ultimately the driver—involved in your accident.

3 Options for Asserting Your Legal Rights after a Pedestrian Hit-and-Run Accident in Florida

If you were injured in a hit-and-run accident as a pedestrian, your options for asserting your legal rights will depend on the specific facts of your case. With this in mind, generally speaking, the legal options available after a pedestrian hit-and-run accident in Florida may include:

1. Identify the Hit-and-Run Driver

In nearly all cases, it will be worth trying to identify the hit-and-run driver. If it is possible to identify the driver—and if the driver has insurance coverage—then asserting your legal rights will be no different from asserting your rights after an “ordinary” pedestrian accident.

However, many drivers flee the scene after causing an accident because they are uninsured. Unfortunately, Florida has one of the highest rates of uninsured drivers in the country. If the driver who hit you does not have insurance, you may be able to sue the driver directly—although, if the driver is not paying for insurance, he or she may not have sufficient assets to cover your losses.

There is another reason to try to identify the hit-and-run driver as well: You could have a claim against the driver’s employer. If the driver who hit you was working at the time of the collision, then his or her employer could be fully liable for the costs you have incurred (and that you will incur in the future).

2. File a Claim with Your Insurance Company

If you have auto insurance (or if a member of your household has auto insurance), a Collier accident attorney may also be able to help you seek financial compensation by filing a claim with your (or your family member’s) insurance company. There are two main types of auto insurance that apply in this scenario:

• Personal Injury Protection (PIP) Insurance – Personal injury protection (PIP) insurance is mandatory in Florida. So, if you have auto insurance, you should have PIP coverage available. PIP is “no-fault” insurance, which means that you can file a claim without the need to prove who is responsible for your injuries.
• Uninsured Motorist (UM) Insurance – Unlike PIP, uninsured motorist (UM) insurance is optional. But, if you have access to UM coverage, this could significantly increase the amount you are able to recover for your pedestrian accident. While UM claims require proof of fault, this coverage applies in hit-and-run accident cases, and even if your Naples car accident attorney ultimately cannot identify the driver who hit you, he or she may still be able to prove that the driver was at fault in the accident.

Even though you were not driving when you got hit, your auto insurance still applies (if you have coverage). In many cases, filing a PIP claim and/or a UM claim will be the best option for recovering proper compensation after a pedestrian hit-and-run accident in Florida.

3. Hold a Government Agency Accountable

A third option for asserting your legal rights after a pedestrian accident is to hold a government agency accountable. You could have a claim against a government agency if:

• You got hit in a crosswalk that was inadequately marked or that had poorly timed traffic lights and crossing signals;
• The driver’s vision was obstructed by signs, foliage, or other objects; or,
• The road was poorly designed or inadequately maintained.

These are just examples. There are other possibilities as well, and to make sure you are asserting your legal rights by all means available, you should discuss your case with a Naples car accident attorney as soon as possible.

Request a Free Consultation with Naples Car Accident Attorney Randall L. Spivey

Do you need to know more about your legal rights after a hit-and-run pedestrian accident in Naples or elsewhere in Florida? If so, we encourage you to contact us for a free consultation. To discuss your legal rights with Naples car accident attorney Randall L. Spivey in confidence, call Spivey Law Firm, Personal Injury Attorneys, P.A. at 888-477-4839 or request an appointment online now at Spiveylaw.com.