It’s important for pedestrians and motor vehicles to share the road together. Most Floridians fulfill one of these roles on any given day. As a pedestrian, you do your best to wear bright colors and walk in daylight to remain visible to motorists. You limit or reduce headphone use to remain as aware of your surroundings as possible.
Motor vehicle accidents involving Florida are unfortunately common. More than 6,000 pedestrians were struck by vehicles in 2019 setting a 30-year high for such accidents. True safety relies on both parties to exercise safe practices, not just the person in the crosswalk.
How the law protects the unprotected
An accident between a vehicle and a non-motorist are often most perilous for those outside the vehicle. Brain, spinal and other injuries can occur since road users like pedestrians are far more vulnerable than the motorist. These injuries can lead to costly medical bills and even affect a person’s long-term quality of life.
What you may not know is that Florida law legally requires all insurance policies’ personal injury protection (PIP) to drivers, passengers and persons around the vehicle. That includes potential pedestrians who were doing nothing more than trying to cross the street.
Even with basic insurance liability requirements of $10,000 in medical and disability and $5,000 for death benefits, you are covered as a pedestrian.
Never settle for less than you deserve
Many accident victims don’t realize what they are entitled to after an accident. A pedestrian struck by a vehicle may not realize they are legally protected by the driver’s insurance. That means you could have your medical bills, missed work and more paid for. It’s always a good idea to make sure no stone is left unturned after an accident.
Client Testimonials
In Florida, it’s the insurance company — not the patient — that picks someone’s treating physician following a workplace injury.
Once you’ve reported your injury and obtained emergency medical care (if needed), your employer’s insurer will give you the name of the physician that you’re expected to see. If you require a specialist’s care, the specialist must also be authorized by the insurer.
What happens if you don’t like the doctor you’re given?
It can be difficult to place your health in the hands of someone you don’t know and may not really trust. If you feel like they don’t have your best interests at heart, you may want to change doctors.
Under the rules in this state, you can make a written request to change your physician one time. The insurer is required to respond within five days of your request with a new selection. (If they do not, you then have the right to pick your own doctor and the treatment must still be covered by workers’ comp.)
Changing doctors is a bit risky when you are on workers’ comp. You may be suspected of “doctor shopping” because your injuries aren’t really serious, or the second doctor could be as bad or worse than the first one. Plus, you are only entitled to one change of physician, which means you would then be stuck with the second doctor for the duration of your treatment.
What can you do if you think your care is inadequate?
Let’s face it: Insurance companies have a lot of power when it comes to workers’ comp claims in Florida. If you think that you are being mistreated by your medical provider or your claim isn’t being handled fairly, it may be time to seek a legal opinion.
Client Testimonials
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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