A pedestrian was reported to have died as a result of an accident near the intersection of US Highway 98N and Ritter Road in Lakeland, Florida on July 10, 2019 at approximately 5:52 a.m.
Comparative Fault Is Common With Pedestrian Accidents
Many people are quick to judge when it comes to an accident involving a pedestrian. Insurance adjusters are often taught that there is almost always some degree of comparative fault whenever a pedestrian is hit by a car.
Section 316.130, Fla. Stat. requires the driver of a vehicle to exercise due care to avoid a collision with a pedestrian. This includes even when the pedestrian is not where they should be. See section 316.130(15) below:
(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
This is where having a personal injury lawyer on your side helps you. We not only cite the law to the insurance company but we are also prepared to back up your legal argument regarding liability in court should your claim get denied by the insurance company.
Probate May Be Required
In order to bring a wrongful death lawsuit in Florida, a probate must be filed and a personal representative appointed. If a pre-suit settlement is reached, there are some circumstances where a probate and court approval of a proposed settlement are not required. In third party liability cases (as opposed to first party benefit cases), the insurance company for the responsible party may offer to pay for a probate and any necessary court approval proceedings in addition to payment of the liability policy limits.
Call Us For Help With Your Lakeland, FL Car Accident
If you or someone you know has been injured as a pedestrian, you should contact a car accident lawyer in Lakeland, Florida to talk about what can be done to help with the situation. A car accident lawsuit often involves a question of disputed liability and comparative fault.
We offer a free consultation to help determine whether your case is winnable. Please call us today to schedule an appointment to see an attorney.