Florida’s drivers share the road daily with other drivers, cyclists, and pedestrians. Lawmakers and law enforcement officials try to ensure that this comingling of vehicles, bikes, and people on foot progresses safely and uneventfully. However, accidents involving motor vehicles and pedestrians do occur, and when they do, questions of fault, blame, and liability can be difficult to resolve.
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Trending Towards Accidents
States across the country are focused on lowering the number of motor vehicle accidents that occur each year. In particular, states have pushed to limit fatalities from these collisions. In Florida and elsewhere, these efforts have succeeded, with an 18% decrease in the number of motor vehicle fatalities between 2006 and 2015. Yet within this same period, the number of pedestrian-related fatalities due to collisions with cars and other vehicles went up.
The 12% rise in pedestrian fatalities between 2005 and 2016 represents an unfortunate safety trend for those who walk as a primary mode of transportation. Moreover, nearly 70,000 pedestrians were injured in accidents in the United States in 2015. That statistic represents an even greater increase, as from 2006 the number of pedestrians injured in accidents is up by 14.8%.
It would be natural to conclude from these statistics that drivers are more careless, less aware, and generally at fault for pedestrian accidents in Florida. However, the falling number of motor vehicle accidents suggests that all parties who share the road could potentially be at fault for a given accident.
Point of Collision
Every driver in Florida is required to exercise reasonable care when it comes to sharing the road with pedestrians and cyclists. This requires the driver to be alert, aware, and recognize the capabilities and abilities of a given pedestrian. Accordingly, expectations of a driver are different when a child is walking on the road or crossing the street, than when the pedestrian is an adult. When a driver of a motor vehicle breaches this duty of care, he or she could be liable for the injuries and costs of an accident. This would include medical expenses, pain and suffering, and lost wages, as determined through a civil lawsuit.
However, Florida law imposes a duty on pedestrians, as well. Pedestrians are required to follow the laws when walking on or crossing the street. Breaking these laws, for instance by disobeying a walk signal, can result in the pedestrian’s being held accountable, or partly liable, for the accident. When the driver of a car can show that a pedestrian violated one of the laws or rules of sharing the road, it becomes extremely difficult for the pedestrian to press criminal charges or obtain civil damages related to the pedestrian accident.
Therefore, contrary to the assumption that the driver of a vehicle is responsible for a car accident involving a pedestrian, more factual assessment and investigation is required of each incident. Further, only through cooperation between drivers and pedestrians can statistics of fatalities related to pedestrian accidents fall back to the national estimate of 61,000 or lower.
Injured in a Pedestrian Accident in Florida
Whether you were operating a vehicle or crossing the street on foot, it is possible that the other party is at fault for a pedestrian accident. The best way to determine the potential of your liability and assess your specific circumstances is to speak with a lawyer experienced in personal injury litigation. Aronfeld Trial Lawyers provides a free, confidential consultation for new clients. Call our office today at (305)-441-0440.
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Our pedestrian traffic accident lawyers in Miami have decades of experience representing injured people and their families in car, motorcycle, truck, bicycle and scooter accidents with pedestrians and or runners. Spencer Aronfeld is an avid runner and knows and understands the risks associated with sharing the road with cars, trucks and other vehicles.
As a Miami personal injury law firm, we understand the law that protects Florida’s pedestrians and runners when they are injured or killed in traffic accidents.
Florida’s Statutes Section 316.130 governs the laws for pedestrians in Florida. There are specific requirements and prohibitions as to how pedestrians can cross the street, use sidewalks and traverse bridges.
If you have been involved in a pedestrian accident anywhere in the State of Florida, it is important to speak with a lawyer who understands the law and can help you get the full value of your claim. You may be entitled to receive money for your pain and suffering, medical expenses, lost wages and more.
Most incidents of people getting hit by cars while running, jogging, skating or just walking on the street are avoidable accidents in Florida. Our Miami pedestrian accident law firm urges you to never talk on cellphones or text while trying to cross a road as it may prevent them from hearing or seeing an approaching car, truck or bus.
According to Florida’s State Uniform Traffic Control Law a pedestrian is defined as any person afoot and are required to obey the instructions of any traffic control device or police officer. Pedestrians are required by law to use a sidewalk when provided and are not permitted to walk on the paved road. If no sidewalk is provided a pedestrian is required to walk only on the shoulder on the left side of the road facing traffic approaching from the opposite direction.
Our pedestrian accident lawyers are familiar with Florida’s pedestrian traffic regulations and are experienced in the representation of injured pedestrians and their families.
Florida law imposes a duty on pedestrians, as well. Pedestrians are required to follow the laws when walking on or crossing the street. Breaking these laws, for instance by disobeying a walk signal, can result in the pedestrian’s being held accountable, or partly liable, for the accident. When the driver of a car can show that a pedestrian violated one of the laws or rules of sharing the road, it becomes extremely difficult for the pedestrian to press criminal charges or obtain civil damages related to the Florida pedestrian accident.
For over 25 years, we have represented families of people injured and killed across the State of Florida in pedestrian accidents. If you have been involved in a traffic accident in Florida while operating a vehicle or crossing the street, call Aronfeld Trial Lawyers for a free initial consultation regarding your legal rights as an accident victim.
Pedestrian accidents are also the cause for over 100,000 people getting treated in Emergency Rooms each year. Alcohol seems to be the most common risk factor for pedestrian accidents- Involving both the driver, or the pedestrian and sometimes both.
It has been found that alcohol was involved in nearly 50% of all pedestrian crashes that resulted in death. Over 10% of those involved drivers with alcohol levels that exceed Blood Alcohol Levels that exceed .08 g/dl and/or about ⅓ of pedestrians had Blood Alcohol Levels in excess of .08 g/dl.
High rates of vehicle speed increases both the likelihood of a pedestrian accident as well as the severity of the injury. In other words, the faster a car travels the more likely it will cause a pedestrian injury or death.
This is because the majority of pedestrian deaths occur in city areas on roadways that are away from crosswalks or intersections where cars are going to be traveling at a higher rate of speed, particularly at night. This analysis is known as the pedestrian fatality risk.
Traffic engineers have analyzed the increased risk of pedestrians being hit by the front of passenger cars due to excessive speed. Studies have shown that the the likelihood of a pedestrian fatality is directly correlated to the speed on impact. For example, the impact speed at 50 km/h is more than twice as high as the risk and 40 km an hour is more than five times the risk of 30 km/h.
According to the U.S. Department of Transportation Federal Highway Administration, the risk of serious injury and death in a pedestrian accident increases with age. In fact pedestrians 65 years and older are 2 to 8 times more likely to die if being struck by a motor vehicle. This is in large part due to the fact that people of this age group are less physically resilient, heal slower and have more brittle bones and other comorbidities.
This is a serious problem in Florida which has a large demographic of elderly people. In fact older adults account for over 70% of the US population. Based on current projections, more than 16,000 elderly people are expected to die as a result of a pedestrian car accident in the United States this year a woman.
The primary reasons the elderly people are at a greater risk is because they are more likely to walk across the road as opposed to a crosswalk, they move more slowly, and the reaction times are delayed.
One thing that can be done to improve elderly pedestrian safety Is to create more crosswalks and pedestrian bridges, and encourage them to wear more visible clothing, only walk in daylight, and to have iContact with the drivers before attempting to cross the road. Or enforcement can also do a lot by lowering speed limits and working to ensure that pedestrians have the right of way when they cross the street.
It is hard to imagine but studies have shown and verified that people of color or more likely to die in a pedestrian or bicycle accident than caucasions according to the American Journal of Preventive Medicine.
The authors of the National Household Travel Survey analyzed traffic fatalities between 2016 and 2018. They measured the number of deaths and divided them by mode and race and ethnicity from data from the U.S. Fatality Analysis Reporting System. The study revealed that traffic fatalities were systematically higher for black and Hispanic Americans for all modes of transportation especially for vulnerable modes such as cycling, and walking. In fact, the study revealed that black Americans die at more than four times the rate that for white Americans while cycling and two times higher while walking.
Accordingly, traffic fatalities continue to be a substantial yet very preventable safety challenge in our country. Particularly for Black and Hispanic Americans which have a significantly higher traffic fatality rate per mile traveled than those of White Americans.
New accident avoidance technology available in modern cars, trucks and motorcycles can seriously reduce the number of vehicle accidents with pedestrians- resulting in fewer fatalities and injuries in Florida.
This new technology, known as pedestrian crash prevention systems (PCP) lowers the risk of crash and the severity of injuries. However, there are certain questions that remain regarding the reliability of these new technologies. The Insurance Institute for Highway Safety did a test of data from 2018 to 2021 where they looked at several PCP systems to analyze them in terms of their effectiveness. Their experiment consisted of over 3000 tests on 91 different vehicles ranging in size, make and model.
The results of the tests are staggering in that it found that PCP systems on average are able to lower impact speeds by over 50% which in real life situations translates to a substantial risk of fatality and serious injury.
Car accidents with pedestrians often cause life changing injuries. We typically see people who have suffered broken bones, spine injuries and brain injuries as a result of being hit by a car while walking or jogging on a street or sidewalk.
If the accident happens on private property such as a hotel parking lot or shopping center both the driver and the property owner may be liable in part. In addition, drivers who hit people walk or jogging on streets and sidewalks in Miami or throughout Florida can be responsible to pay for medical bills, time lost from work, pain and suffering and disfigurement and more.
Florida has a four year statute of limitations that applies to most pedestrian car accidents but we suggest that you contact us as soon as possible after your accident so that we can understand and investigate how and why your accident occurred.
Insurance companies like State Farm, Allstate, Progressive and GEICO have an army of adjusters, lawyers and experts who are highly paid to make sure you get little to no money for your personal injury case.
You need a strong legal advocate who will fight for you and make sure you get every penny you are entitled to.
Call our Miami PI lawyers today for a free initial consultation. We can speak to you by telephone, SKYPE, FACETIME, ZOOM and we make home, hospital and rehabilitation facility visits- 24/7.
There are large mega personal injury law firms in Florida that have hundreds of lawyers and your case will be nothing by a file on somebody’s desk. At Aronfeld Trial Lawyers you will receive individual attention by our highly trained attorneys- who will guide you through every step of the process.
We work on a pure contingency fee basis. Which means that you don’t pay us a penny unless we are able to get your money. Call us today: we are ready to help you.
The Florida Department of Highway Safety and Motor Vehicles has a statutory responsibility to collect crash data, keep statistics and disseminate reports about motor vehicle accidents across the State of Florida.
Each year the FDHSMV releases its findings including the number of pedestrian injuries per county. Since 2006, Miami-Dade has been the most dangerous county in Florida for pedestrians. According to the 5 year pedestrian injury report by county, approximately 1,300 pedestrians are injured in Miami-Dade every year.
2006-1,329
2007-1,338
2008-1,466
2009-1,390
2010-1,306
Nearly 3/4 people killed by a car when walking happen in urban versus rural settings while crossing the street at a non-intersection. 90% occur during normal dry road conditions during the night. Most people who are killed crossing the street in Florida are children under the age of 5. Statistically, male pedestrians are twice as likely to be killed crossing the street than females. Nearly 48% of every pedestrian fatality in Florida involves alcohol either for the driver or pedestrian.
Our Miami-Dade pedestrian injury lawyers recommend that you always cross at a designated crosswalk and look left, right and left again before crossing. At night, one should carry a flashlight and wear reflective clothing to highlight body movements. Use sidewalks whenever possible, but if there is no sidewalk, walk facing traffic.
Our law firm has been helping those injured in pedestrian car, truck and bus accidents for over two decades. Depending upon the facts of your case, additional claims may be possible such as:
Our office will pursue all responsible parties so that you get the justice and maximum compensation you deserve for your injuries. Lawsuits against careless drivers can be filed at any Miami-Dade Courthouse. We typically file claims on behalf of our clients at the Coral Gables District Court located next to our office on Ponce de Leon Boulevard. However, the cases are heard before judges and juries at the Miami-Dade Circuit Court located at 73 West Flagler Street, Miami, Florida 33130.
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Call 866-597-4529Send us a messageIf someone else’s carelessness caused a pedestrian accident and you were hurt, you may be entitled to compensation for medical bills, lost income and pain and suffering. A free consultation can tell you where you stand.
For most negligence claims, Florida’s deadline to file a lawsuit is two years from the date of the injury. Claims for wrongful death, medical malpractice and claims against government agencies follow different rules, so talk to a lawyer early.
Florida uses modified comparative negligence. If you are found 50% or less at fault, your recovery is reduced by your share of fault. If you are found more than 50% at fault, you generally cannot recover.
Get medical care, report what happened, photograph the scene and your injuries, collect names and phone numbers of witnesses, and avoid giving recorded statements to an insurance company before speaking with a lawyer.
Nothing up front. Aronfeld Trial Lawyers works on a contingency fee: No Recovery. No Fee. You pay nothing unless we recover money for you.
Florida drivers must carry $10,000 in personal injury protection (PIP), which pays part of your medical bills and lost wages no matter who was at fault. When injuries are serious or permanent, you may be able to pursue a claim against the at-fault driver for more.
Uninsured/underinsured motorist coverage on your own policy may pay. Florida does not require every driver to carry bodily injury liability coverage, so this coverage often matters.
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