A pedestrian accident involving a self-driving car may have one or more liable parties, including the driver or vehicle manufacturer. You may have the right to compensation, but you do not have to pursue it alone. If you or someone you love was injured in a pedestrian accident involving a self-driving car, a Fort Lauderdale pedestrian accident lawyer can explain your rights.
A personal injury attorney can handle your claim, deal with the complex process of proving fault and financial liability, and build a case for financial recovery. Most local law firms will review your claim at no cost or obligation. They will file your insurance claim and lawsuit on time and negotiate for the best possible settlement.
What Are an Injured Pedestrian’s Rights After a Car Accident?
If you were struck by a self-driving vehicle, you have the right to seek compensation. To prove the accident was negligence-based, your personal injury lawyer must document the following elements:
- Duty of care
- Breach of duty
- Causation
- Damages
After proving negligence caused your accident, you have the right to:
- Seek compensation: You may be able to recover your medical bills, lost wages, and any other financial expenses and non-financial losses caused by the accident and your resulting injuries.
- File a lawsuit: Most pedestrian accident claims are settled without going to trial. However, you have the right to take your case to court if your lawyer cannot reach a fair settlement agreement.
A self-driving car accident lawyer in your area can manage all the moving parts of your claim so you can focus on getting better. They can also handle insurance paperwork and any necessary court documentation.
Do You Need a Lawyer to File a Car Accident Claim?
You have the right to secure legal representation after an accident. A car accident attorney can deal with the insurance company and negotiate for a fair and appropriate settlement. They can also:
- Investigate your driverless vehicle accident
- Gather physical evidence
- Obtain records and reports
- Draft and file your case
- Consult expert witnesses
- Interview accident witnesses
Your motor vehicle accident lawyer will also represent you on a contingency fee basis, so you can get started immediately at no out-of-pocket cost. You will only compensate your personal injury law firm when they recover damages for you and owe no fees if you do not receive a financial award.
When Is a Human Driver Responsible for a Self-Driving Car Accident?
Your rights after a self-driving car accident may include securing compensation from the at-fault party. According to the National Highway Traffic Safety Administration (NHTSA), even the most advanced self-driving car technology available today still generally requires “the full engagement and undivided attention” of drivers.
That means the person behind the wheel of any car, whether self-driving or a traditional vehicle, must pay attention to the road around them, and they may be liable if their actions caused your accident. Human errors that may cause a pedestrian vs. autonomous car accident include:
- Being distracted or inattentive behind the wheel
- Failure to respond to the vehicle’s commands
- Not properly maintaining the vehicle
Your legal team may work with a car accident investigator to prove the cause of your accident and collect evidence for your case file.
When Is the Autonomous Vehicle Manufacturer Responsible for a Self-Driving Car Accident?
In a pedestrian injury autonomous vehicle accident, the car’s manufacturer could bear financial liability for an accident if any of the following apply:
- The car’s sensors did not work properly
- The car did not detect the pedestrian in the road
- The car failed to respond to human intervention
This list is not exhaustive. Your legal counsel may consult autonomous car experts who can inspect the car and its performance to determine its role in causing or contributing to the accident.
Compensation You May Recover for a Self-Driving Car Pedestrian Accident
Because pedestrians are unprotected from the impact of a car, they can sustain serious injuries that require immediate, long-term, and costly medical care. Your car accident attorney may be able to compel the at-fault party to cover the current and future costs of your treatment plan.
Per Florida Statutes § 768.81, you may be able to recover the following economic damages:
- Current and future medical expenses
- Treatment-related travel expenses
- Past and future lost wages
- Loss of future earning capacity
- Property damage or destruction
You may also recover the following non-economic damages:
- Lasting disabilities
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
If you lost a loved one due to their self-driving car accident-related injuries, a wrongful death attorney in Fort Lauderdale can pursue compensation for your family. Your lawyer will clarify who can file a wrongful death action and which family members can obtain financial compensation.
You Must Comply With Florida’s Car Accident Statute of Limitations
The statute of limitations is a mandatory—but complicated—part of your self-driving accident case. Florida’s personal injury statute of limitations recently decreased from its previous four-year status. According to Florida Statutes § 95.11, you now generally have:
- Two years from the accident date to file a personal injury lawsuit
- Two years from your loved one’s death date to file a wrongful death lawsuit
If you do not take legal action before the deadline expires, the court could refuse to accept its filing, leaving you with no further legal recourse. Your car accident lawyer in Fort Lauderdale will accurately interpret the filing deadline and file your lawsuit on time.
Get a Free Review of Your Pedestrian Accident Claim Today
If a self-driving car struck you or someone you love because the driver was negligent or the car malfunctioned, you could be entitled to compensation. Our pedestrian accident attorneys will negotiate with the responsible party’s insurance company to recover damages for you.
Find out how hard we will go to bat for you after a pedestrian accident involving a self-driving car. Call (954) 633-8270 to contact our consultation team at the Law Offices of Wolf & Pravato now.
