If a driver in Ocala has injured you, know that Florida law gives you a way to seek payment for your injuries when another person’s carelessness is the cause. Our Ocala pedestrian accident lawyers handle the entire claims process, building a strong case so you are able to put all your energy into your health.For over 40 years, Steven A. Bagen & Associates, P.A., has helped people in your exact situation. If you have questions, we have straightforward answers. Call us for a free consultation at (352) 377-9000.

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Why Choose Steven A. Bagen & Associates, P.A. for Your Ocala Pedestrian Accident Claim?

When you need someone to stand up for you, you want a team with a proven history of helping people through these difficult times. Our firm is built on decades of experience, legal recognition, and a sincere commitment to the people we represent.

A Track Record of Success

We believe our results show our dedication.

  • We have over 40 years of experience focused entirely on personal injury law.
  • Our firm holds a 99% success rate in obtaining positive outcomes for our clients.
  • We have recovered hundreds of millions of dollars for the injured.

Our dedication to our clients and our profession has been acknowledged by respected legal organizations.

  • Named a Top 100 personal injury law firm by the American Trial Lawyers Association.
  • Honored with the American Institute of Personal Injury Attorneys Award for client satisfaction.
  • Recognized by Super Lawyers, a distinction given to less than 5% of attorneys in the country.

What Our Clients Experience

Our approach is designed around your well-being and securing a just result.

  • Direct and Personalized Attention: We give each case individual focus. You will never be just a file number to us.
  • No Win, No Fee Guarantee: We work on a contingency fee basis. This means you owe us nothing unless we win your case.
  • Clear Communication: We are known for keeping our clients informed and for securing fair compensation as efficiently as possible.

Local Ocala Presence

We are a part of the Ocala community. Our office is located at 1521 S Pine Ave, Ocala, FL 34471, near Advent Hospital, making it convenient for local residents to meet with us.

What Compensation Is Available After a Pedestrian Accident in Ocala?

The purpose of a personal injury claim is to restore your financial stability after an accident. Florida law allows you to seek payment for all losses that result from the incident.

Economic Damages: The Tangible Costs

These are the direct, calculable expenses that come from your injuries. We will meticulously document every cost to build a complete demand for reimbursement.

  • Medical Bills: This includes everything from the first ambulance ride and emergency room visit to any future surgeries, physical therapy, and rehabilitation you may need.
  • Lost Wages: The income you lose while you are unable to work can quickly place a strain on your family’s finances.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your former job or limit your ability to earn a living in the future.

Non-Economic Damages: The Personal Impact

These damages are meant to acknowledge the non-financial ways the accident has altered your life. While money cannot undo the harm, it provides recognition for the personal losses you have endured.

  • Pain and Suffering: Compensation for the physical pain and emotional distress your injuries have caused.
  • Loss of Enjoyment of Life: If your injuries stop you from taking part in hobbies, activities, or daily routines you once valued.

How Florida’s Comparative Fault Rule Can Affect Your Claim

Florida uses a “modified comparative negligence” system. This is a legal rule that means your compensation could be reduced if you are found partly at fault for the accident. 

If you are found to be more than 50% at fault, you cannot recover any damages at all. Insurance companies conduct thorough investigations and look for any evidence to argue you were at fault. Our job is to protect you from unfair blame and ensure liability is assigned correctly.

Where and Why Do Pedestrian Accidents Happen in Ocala?

In a recent year, Marion County saw 21 pedestrian fatalities, a tragically high figure. In another recent year, 149 pedestrian accidents were recorded in the county.

Common Hotspots for Pedestrian Accidents in Ocala

  • Pine Avenue (US-441): As a major artery through the city, this road is a known site for serious pedestrian accidents, with heavy traffic moving through commercial and medical areas.
  • College Road (State Road 200): High traffic volumes near the College of Central Florida, shopping centers, and restaurants create a hazardous mix of cars and pedestrians. The intersection with SW 27th Avenue is a particular trouble spot.
  • Silver Springs Boulevard: Intersections along this road, especially at Pine Avenue and SE 25th Avenue, are dangerous because of high speeds and numerous busy commercial entrances.

What Causes These Accidents?

  • Failure to Yield: Many collisions happen when drivers do not give the right-of-way to pedestrians in crosswalks.
  • Distracted Driving: A driver who is texting, talking on the phone, or not paying full attention to the road is a danger to everyone.
  • Poor Lighting: Some areas in Ocala lack adequate streetlights or safe crossing signals, making pedestrians much harder to see, especially after dark.

What Are the Most Common Injuries in Pedestrian Accidents?

Common injuries include:

  • Traumatic Brain Injuries (TBIs): The impact of a collision could easily throw a person to the ground, causing the head to strike the pavement or the vehicle itself. These injuries range from concussions to severe brain trauma that may affect a person’s cognitive function, emotional control, and speech.
  • Spinal Cord Injuries: Damage to the spinal cord could lead to devastating consequences, potentially leading to partial or full paralysis and requiring lifelong care.
  • Lower Extremity Fractures: It is common for a car’s bumper to strike a pedestrian’s legs first, leading to broken bones in the ankles, tibias, femurs, and pelvis.
  • Internal Injuries: The force of an impact could cause serious internal damage, such as bleeding, organ damage, and fractured ribs.
  • Soft Tissue Injuries: These include deep lacerations, sprains, and tears to muscles and ligaments, which may cause lasting pain and mobility issues.

Your Rights as a Pedestrian in Florida

Key Florida Pedestrian Laws

Knowing the rules of the road is a key part of protecting yourself. Florida law requires drivers to stop for pedestrians in a crosswalk when the pedestrian is on the vehicle’s half of the road or is approaching closely from the other side.

  • What is a “crosswalk”? A crosswalk exists at every intersection, whether it is marked with paint or not.
  • Drivers Must Yield: Drivers coming out of driveways, alleys, or parking lots must yield to pedestrians on the sidewalk.

When a Pedestrian Must Yield

The law also places safety responsibilities on pedestrians.

  • Crossing Outside a Crosswalk: If you cross a road anywhere other than a marked or unmarked crosswalk at an intersection, you are required to yield to vehicles.
  • “Don’t Walk” Signals: Pedestrians must obey traffic signals and should not enter a crosswalk when a “Don’t Walk” or raised red hand symbol is showing.
  • Sudden Movements: You cannot leave a curb and walk or run into the path of a vehicle that is too close to stop in time.

How Does Insurance Work After a Pedestrian Accident?

Your First Source of Coverage: PIP

Florida is a “no-fault” state, which means your own auto insurance is the first in line to pay for your medical bills, no matter who caused the accident. This is done through your Personal Injury Protection (PIP) coverage. Under Florida Statute §627.736, all vehicle owners must carry at least $10,000 in PIP.

Here’s how it applies to pedestrians:

  • If you own a car, your own PIP policy covers you, even though you were walking.
  • If you don’t own a car but live with a relative who does, you may be covered under their PIP policy.
  • If you don’t own a car and don’t live with a car-owning relative, you can file a claim with the PIP insurance of the driver who hit you.

PIP is designed to provide immediate help, covering 80% of your medical bills and 60% of your lost wages up to your policy limit.

What if the Driver Was Uninsured or Fled the Scene?

If the at-fault driver has no insurance or it was a hit-and-run, you are not out of options. You may be able to get compensation through your own Uninsured/Underinsured Motorist (UM) coverage. This is an optional coverage on your auto policy designed for these exact situations, and it protects you even when you are a pedestrian.

Dealing With the At-Fault Driver’s Insurer

Insurance companies are businesses, which means they must balance paying fair claims with making a profit. This creates a difficult dynamic for an injured person.

  • A Quick Offer: An adjuster might offer a fast, low settlement before you know the full extent of your injuries. If you accept, you lose the right to ask for more money later if your medical needs increase.
  • A Recorded Statement: They will ask you to provide a recorded statement about the accident. It is always best to decline this request until you have spoken with a lawyer. They are trained to ask questions that could be used to shift blame onto you.
  • A Tedious Process: The claim process is long and filled with paperwork. It is easy to get frustrated as bills pile up, and you might feel pressured to accept a lower offer just to get it over with. Our team handles all these communications and administrative tasks for you.

What Should You Do From Home to Support Your Case?

While your legal team handles the heavy lifting, there are things you should do to strengthen your claim.

  • Follow Your Doctor’s Treatment Plan: Go to all your medical appointments and follow through with every prescribed treatment. This creates a clear medical record and shows the insurance company that you are taking your recovery seriously.
  • Keep a Pain Journal: Each day, write down your pain levels, any challenges you face with daily tasks, and the emotional difficulties you are experiencing. This could become a powerful account of your suffering.
  • Gather All Documents: Keep every bill, receipt, and letter related to the accident in one organized place. This includes medical bills, pharmacy receipts, and pay stubs showing your missed work days.
  • Stay Off Social Media: Do not post photos, comments, or any updates about the accident or your recovery. Insurance companies will examine your social media profiles, looking for anything they may use to argue that your injuries are not as severe as you claim.

Frequently Asked Questions for an Ocala Pedestrian Accident Lawyer

How long do I have to file a pedestrian accident lawsuit in Florida?

For most personal injury claims in Florida, the statute of limitations is two years from the date of the accident. This deadline was changed from four years in March 2023, so you must act promptly to protect your rights.

The police report says I was partially at fault. Do I still have a case?

Yes, you may still have a case. As mentioned earlier, Florida’s comparative fault law allows you to recover damages as long as you are not found to be more than 50% at fault. A police report is just one piece of evidence; it is not the final word. We will conduct our own investigation to establish liability.

What if I was jaywalking when I was hit?

Even if you were crossing outside of a designated crosswalk, the driver still has a duty to operate their vehicle safely and avoid a collision if possible. While you may be found partially at fault, which would reduce your compensation under the comparative negligence rule, it does not automatically prevent you from having a valid claim. We would investigate all factors, such as the driver’s speed, whether they were distracted, and if they had a clear opportunity to see you.

How much does it cost to hire your firm?

We handle all personal injury cases on a contingency fee basis. This means you pay no upfront costs or attorney’s fees. We only get paid if we successfully recover money for you, and our fee is a percentage of the final settlement or award. If we don’t win, you owe us nothing.

What if I was hit in a parking lot in Ocala? Who is at fault?

Parking lots are places where drivers are expected to be extra cautious, operate at low speeds, and watch for pedestrians. Fault is determined by looking at factors like who had the xright-of-way and whether the driver was acting carelessly or was distracted. The same principles of negligence that apply on a public road also apply in a private parking lot.

Let Us Help You Move Forward

After a pedestrian accident, the right guidance makes all the difference for your future. The team at Steven A. Bagen & Associates, P.A. is prepared to manage the legal process so you can put your energy into healing. For a free, no-obligation review of your case, call us now at (352) 377-9000.