Ocala Pedestrian Accident Lawyer
When Ocala Pedestrians Are Injured, We Fight for Full and Fair Compensation
When a pedestrian is hit by a car, the resulting injuries are often catastrophic. Because pedestrians do not have any protection from the force of the impact, they can suffer severe head trauma, spinal cord injuries, and other life-threatening injuries. In many cases, these injuries require extensive medical treatment and leave victims with permanent disabilities.
If you or someone you love was hit by a car, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. Our Ocala pedestrian accident attorneys at Schackow & Mercadante can help you understand your legal rights and options and guide you through the process of pursuing a personal injury claim.
Call (352) 261-6767 or online today to request a free consultation with our team.
What to Do After Being Hit by a Car
After being struck by a motor vehicle, it is important to take the right steps to protect your health and your legal rights. Here are some steps to take:
- Call 911: Report the accident to local law enforcement and request an ambulance. Even if you do not think you are injured, it is important to see a doctor. Many pedestrian accident injuries do not present symptoms right away.
- Collect information: Exchange contact information with the driver(s) involved in the accident, as well as anyone who witnessed the crash. If possible, take pictures of the accident scene.
- Seek medical attention: Even if you do not think you were seriously injured, see a doctor as soon as possible. Follow the doctor’s orders and attend all follow-up appointments.
- Notify your insurance company: Report the accident to your auto insurance company and provide them with only the most basic facts. Do not give a recorded statement or admit any level of fault. If you are contacted by the other driver’s insurance company, do not provide a statement—refer them to your attorney.
- Keep records: Keep a file with all documents related to the accident, including medical bills, paystubs, and any correspondence you receive from the insurance companies. If you miss work or are unable to do certain tasks due to your injuries, keep a journal to document your experiences.
- Call a lawyer: An experienced Ocala pedestrian accident attorney can help you navigate the claims process and fight for the compensation you are owed.
How to Prove Liability in a Pedestrian Accident Claim
In order to recover compensation in a pedestrian accident claim, you will need to prove that the other party was at fault for the accident. In other words, you must prove that the other party’s negligence or wrongful conduct caused the crash. This is done by establishing the following four elements:
- Duty of care: You must prove that the other party owed you a duty of care. In pedestrian accident cases, all drivers owe a duty of care to others on the road, including pedestrians. Property owners also have a duty to maintain their premises in a reasonably safe condition and correct any dangerous conditions that arise.
- Breach: You must prove that the other party breached the duty of care they owed you. For example, if a driver was speeding, texting while driving, or otherwise driving recklessly, they may be found to have breached their duty of care.
- Causation: You must prove that the other party’s breach of the duty of care caused the accident.
- Damages: You must prove that you suffered actual damages as a result of the accident. This may include medical bills, lost wages, pain and suffering, and more.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen for a variety of reasons. In some cases, they are caused by the negligence or wrongful conduct of someone other than the driver, such as the party responsible for maintaining the roadway or the manufacturer of a defective vehicle part. Our Ocala pedestrian accident lawyers will investigate your case to determine the cause of the accident and who is liable for your damages.
Some common causes of pedestrian accidents include:
- Distracted driving
- Drunk driving
- Drowsy driving
- Speeding
- Failure to yield the right of way
- Poorly designed or maintained roadways
- Defective vehicle parts
What Compensation is Available in a Pedestrian Accident Claim?
If you were hit by a car, you may be entitled to compensation for both your economic and non-economic damages. Economic damages are those that are quantifiable, such as medical bills, lost wages, and property damage. Non-economic damages are those that are more subjective, such as pain and suffering and emotional distress.
Depending on the specific circumstances of your case, you may be entitled to compensation for the following damages:
- Medical bills, including the cost of future medical care
- Lost wages
- Loss of earning capacity
- Physical pain and suffering
- Emotional distress
- Disfigurement or disability
- Loss of enjoyment of life
- Loss of consortium
- Property damage
In some cases, punitive damages may also be available. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. They are only awarded in cases where the defendant’s conduct was especially egregious or reckless.
Why Choose Schackow & Mercadante, P.A.?
When you are involved in a pedestrian accident, the insurance company will do everything possible to minimize your claim. They may try to get you to admit fault or accept a lowball settlement offer. Our Ocala pedestrian accident attorneys have been fighting for the rights of injured victims for more than 55 years. We know the tactics the insurance companies use to avoid paying out claims, and we know how to effectively counter them. We will handle all aspects of your claim and fight for the full and fair compensation you deserve.
Contact us today at (352) 261-6767 to schedule a free, no-obligation consultation.
Awarded & Recognized What Our Clients Are Saying
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I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.- Pranish Sharma
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“Marie was able to explain my coverage in a way that made it digestible and understandable. With Marie's help I was able to fix my insurance coverage to a policy that included the best protection and I now also rest easier knowing I'm in good hands if I eve”- Josh Talmore
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I'm a UF student who got injured on campus. Schackow & Mercadante handled my case extremely well. Everything was settled in about a year. I highly recommend them for any personal injury case.- Jenny Haber
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“The lawyers and staff at Schackow & Mercadante are professional, courteous and above all treat you like the person you are. You are not a number, you are not just a paycheck, but you are a friend, a guest, dare I even say, a family member.”- Ashley Wilson
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I would absolutely trust Schackow & Mercadante to handle any injury claim. After several meetings with their staff, I'm 100% comfortable with their positive outlook and trust they want what's best for their clients.- Rob Matthews
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They treated me with great respect and negotiated a settlement for me far beyond my expectations. They answered my calls promptly and were available each time I needed them throughout my case. I have recommended this law firm to others I know because I trust the attorneys and staff here immensely.- T Harrison
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I highly recommend Schackow & Mercadante, P.A.!!! The office staff is very polite and professional. Attorneys were great and treated me like a family member.- Kevin Drye