Pedestrian Accidents: Who covers it?

What happens when a pedestrian gets injured in a motor vehicle accident?  Does motor vehicle insurance apply to those instances, too?

One might assume the applicable insurance coverage should come from the vehicle driver if the driver was clearly at fault.  But Florida law states differently. As a personal injury attorney in New Port Richey, Florida, I can provide you with guidance on Florida law and what I know from personal experience with pedestrian accident cases.

Pedestrian Injuries from Motor Vehicle Accidents

Typically, pedestrian accident injuries are incurred from the waist down.  Torn ligaments and bone fractures are common and generally occur to the lower extremities.  The injuries might be mild or very severe, but regardless of the magnitude of the injury, it is crucial that the injured pedestrian seeks medical attention immediately, within 14 days of the accident.  Why?

Pedestrian Insurance Coverage

Because, even as a pedestrian, Florida’s no-fault coverage is the very first coverage that will apply for the injured person.  Not only that, but it is the pedestrian’s no-fault coverage that would be used.  If you are ever injured as a  pedestrian, seek medical attention, and report the incident to your own vehicle insurance company.

Of course, sometimes, pedestrians don’t have vehicle insurance.  If a child is injured, the adult relative with whom the child shares his or her residence would provide the no-fault coverage from their own vehicle.  If an injured pedestrian is an adult and does not have any auto insurance and does not live with a relative who owns a vehicle then the at-fault driver’s no-fault coverage would be the primary coverage.

Regardless, the no-fault coverage will always be the first coverage used.  Injured persons must be seen by a medical professional within 14 days of the accident so that no-fault coverages – which amount up to $10,000 – can be provided.

If you are ever involved in an accident as a pedestrian and have suffered injuries as a result, seek medical attention immediately and report the accident to your vehicle insurance company.

If you have any other questions about pedestrian accidents or need a motor vehicle accident attorney in New Port Richey, Trinity, Spring Hill, Brooksville, or Inverness, contact my office.  Our caring legal team will answer all your questions and take the time needed to help you decide what you need to do next.