In Florida, we’re lucky enough to have warm weather for much of the year and this allows us to go for walks with family and stay healthy with some jogging. Sadly, there will always be risks as a pedestrian no matter where you are in the world. Of course, we would never want to put anybody off walking with their family but the risks are real and you need to know you have support should the worst happen.
These days, pedestrians are another road user especially when it comes to crossings and traffic lights. If you happen to get in an accident with a bus, car, truck, motorcycle, bicycle, or any other vehicle, Florida law is in place to protect if you’ve been the victim of negligence.
Florida Pedestrian Accidents: Are They Common? - Whenever we mention our pedestrian accident attorney service, people generally think this isn't necessary because it ‘rarely happens’. However, 14% of all national road deaths in 2013 were pedestrian accidents. Within this, around three-quarters occurred in dense urban areas because there’s more distractions for all drivers.
If we stick with the 2013 national statistics, 4,735 accidents from the total of 32,719 were pedestrians. Interestingly, 60% of these victims were men which is quite a large swing. As has been the problem for some time, nearly HALF of all these accidents were caused by drunk drivers…something preventable. Furthermore, most accidents occur at night where visibility is at its lowest point.
In Florida, we’re currently in the top three states for the number of pedestrian fatalities. Per 100,000 people, the current rate is 3.23 deaths. Despite the technology we have today, along with the ability to distribute information, pedestrian fatalities are still a huge problem and several government programs are currently circulating to reduce the horrifying numbers we’ve seen.
Pedestrian Laws - Using Florida Statute 316.003, the term ‘pedestrian’ covers anybody walking the streets on foot. Over the years, many different laws have been developed to specifically deal with accidents and safety for all pedestrians. As a result, liability is the main concern whenever an accident occurs and both parties can be held accountable. These days, both pedestrians and road users have equal rights which means they need to observe and respect one another.
Driver - When on the roads, drivers have a responsibility to consider and protect pedestrians. If the driver fails to abide by the laws or shows negligence on the roads, they’ll be held accountable for their actions and they’re responsible for all physical, emotional, and mental damages caused by their actions.
Where serious physical injuries are experienced, drivers can face criminal charges for both reckless driving and vehicular homicide. Despite popular belief, there’s a difference between reckless driving and negligence. If the conditions are dark and the driver cannot see the pedestrian, there may not be a criminal violation. On the other hand, driving while over the drinking limit will almost certainly lead to criminal charges.
When drivers are on the road, they’re expected to have an appropriate driving license while obeying all traffic laws. If pedestrians cross the street unexpectedly, drivers have a duty to avoid a collision even though they have right of way. When an accident occurs, pedestrians will need to prove the driver had time yet failed to slow or stop completely.
With child pedestrians in particular, drivers need to be extra careful. Under the Floridian pedestrian laws, children have special protection so the responsibility of the driver is heightened somewhat. If children are playing near the edge of the street, drivers are advised to approach with caution just in case they run out to chase a ball (as an example). Especially near parks and schools, road signage should give all drivers sufficient warning.
Pedestrian - In the same way, pedestrians also have a duty of care for road users. Instead of criminal charges, pedestrians can face non-criminal traffic violations if they go against the traffic laws. Today, the main example would be jaywalking; if hit by a car when jaywalking, the violation normally falls with the pedestrian and the driver will not be responsible.
Elsewhere, all pedestrians should respect stop signs as well as traffic enforcers and traffic lights. Around Florida, we have footbridges, sidewalks, and crossing lanes so these should be used as appropriate. Depending on the situation, both parties may take some share of the blame and, in some rare circumstances, it might be neither party to blame if the road had incorrect signage or was dangerous in some other way.
Filing a Complaint - Whether it’s you or a family member who’s been involved in a pedestrian accident, you will be in a position to sue the driver if you can prove their negligence and mistake. If you’ve been forced to pay for medical bills while not being able to work, you have the right to compensation but you need a professional legal service who can build the case and prove negligence or disobedience of the law. If the pedestrian accident was caused by hazardous conditions on the road, you can obtain compensation from the relevant authorities for lack of maintenance since this is their duty to you.
When filing a complaint, proving negligence or disobedience will always be the most important factor. Ultimately, a judge or jury needs to be persuaded that you were an innocent party and couldn't have acted any differently while the driver made mistakes; you can do this in a manner of different ways. For example, CCTV footage of the road will be important alongside witness testimonies, police reports, and your injury reports. Meanwhile, the defending party will do what they can to prove you violated the law; if you didn’t, there’s not much to worry about but it’s still good to have the security of a pedestrian accident attorney to be sure.
If your case is successful, the compensation you receive will depend on a number of factors. For example, the highest settlements or judgements come from death, disfigurement, and total or partial paralysis. With these extreme injuries, there’s also an opportunity to receive compensation for non-physical damages including trauma, suffering, and depression.
If your injury is less severe but still enough to force time away from work, you should have a chance to earn compensation for medical bills and lost wages. This time, emotional and mental damages are less rare.
With Personal Injury Protection (PIP), the company could pay you whether it’s you with the insurance or the driver. Regardless, the compensation payment comes after the court decides liability and the extent of the accident. For us, we believe The Injury Firm to be essential because we have extensive knowledge of the industry and know how the process works from one step to the next.
If you go with a personal injury lawyer, you’ll receive advice on what is and isn't normal, how to proceed, what evidence is important, what compensation you can claim for, and so much more. As long as they’re reliable and knowledgeable, they can build a case that’s almost impossible to lose.