Pedestrian accidents are a serious concern in busy areas like downtown Daytona Beach. Distracted drivers—those texting, eating, or otherwise not paying full attention—can cause severe injuries in an instant. If you’ve been hit while walking, understanding your rights and the steps you should take immediately is critical for protecting your health and recovering damages.
Immediate Steps After a Pedestrian Accident
1. Prioritize Medical Care
Your first step should always be medical attention. Even if injuries seem minor, symptoms like headaches, bruising, or back pain may appear hours or even days later. Florida law requires prompt medical attention to document injuries for both insurance claims and potential legal action. Getting evaluated ensures you receive proper treatment and creates an official record of your injuries.
2. Report the Accident
Call 911 immediately if you’re injured or if there’s property damage. Law enforcement will document the scene, take statements from involved parties and witnesses, and generate an official accident report. This report is often key in establishing liability for insurance claims and legal proceedings.
3. Collect Evidence
Gathering evidence at the scene strengthens your case. Take note of:
- The driver’s name, contact info, and insurance details
- Photographs of your injuries, the location, traffic signals, and any vehicles involved
- Contact information of witnesses who saw the accident
- Any relevant details such as weather, lighting, and pedestrian signals
Documenting these facts immediately helps ensure nothing is lost or misrepresented later.
4. Notify Your Insurance Company
Report the incident to your own insurance company promptly. Do not admit fault or accept any early settlement offers. Insurance adjusters may try to minimize payouts, so it’s best to consult with a personal injury attorney before discussing details or signing documents.
5. Consult a Personal Injury Attorney
Recovering damages in pedestrian accidents can be a complex process. A skilled attorney can guide you through insurance claims, negotiate with responsible parties, and represent your interests in court if necessary. They will ensure you are compensated for medical bills, lost wages, pain and suffering, and other damages.
Understanding Liability in Pedestrian Accidents
In Florida, drivers owe a duty of care to pedestrians. Distracted driving—texting, eating, or any activity that takes focus away from the road—is considered negligence. If a driver hits you while distracted, they can be held liable for the injuries and damages you sustain.
Liability may be shared if you were partially at fault (for example, crossing outside a crosswalk). Florida follows a pure comparative negligence rule, meaning your compensation may be reduced by your percentage of fault, but you can still recover damages even if partially responsible.
Why Timely Action Matters
Documenting your injuries, reporting the accident, and seeking legal guidance quickly can significantly impact your ability to recover damages. Delays may weaken your case, reduce compensation, or allow evidence to be lost or altered.
Daytona Beach Pedestrian Accident Attorney
If you’ve been hit by a distracted driver while walking in downtown Daytona Beach, don’t navigate the aftermath alone. Contact Politis & Matovina, P.A. today at (386) 333-6613 for a free consultation. Our experienced attorneys are committed to protecting your rights and securing the compensation you deserve.