Between 2010 and 2019, Florida experienced 5,893 pedestrian deaths, making it the most deadly state for pedestrians.
These shocking statistics prove a few things – pedestrian accidents, injuries, and deaths are occurring daily, and the likelihood of you or someone you love being involved in this type of accident is higher than you may have expected.
If you are involved in a pedestrian accident or if someone in your family is killed due to this situation, you have rights, and a Florida attorney can help with your case and situation.
Florida Pedestrian’s Rights and Responsibilities
In Florida, it is generally understood that pedestrians have the right of way when they cross the street. Even if there are no crossing signals at the intersection, drivers are expected to know to yield to pedestrians after they step into the crosswalk.
While this is true, pedestrians are expected to yield to drivers on streets with no designated crosswalks. Pedestrians that J-walk or dart in front of oncoming traffic may be held partially liable for their injuries and damages if they are struck by a vehicle.
Florida is a comparative fault state, which means the claim you make as an injured pedestrian can be reduced by your degree of fault.
Florida Driver’s Rights and Responsibilities
All motorists must follow the laws and yield to pedestrians while maintaining a safe distance from them. If drivers fail to respect the rules of crosswalks or ignore traffic signals, they may be held liable for any accident that occurs.
It is required by Florida law that motorists yield in these situations:
- If a pedestrian is in a marked crosswalk
- If children are close to a school zone crosswalk
- Pedestrians walking in a signal at an intersection
- Pedestrians in unmarked crosswalks at intersections with a stop sign
- Pedestrians using a sidewalk to cross a private driveway or alley
- Traffic signs that state no turns allowed when pedestrians present
The Top Causes of Pedestrian Accidents in Florida
While many situations can cause pedestrian accidents, some causes are more common than others. The most common causes of pedestrian accidents in Florida include:
Distracted Drivers
If a driver is texting, talking on the phone, or is distracted somehow, the likelihood of an accident is increased significantly. When a driver does not pay attention because they are distracted by something else, serious accidents may occur and result in potentially fatal pedestrian collisions.
Drivers Who Don’t See Pedestrians
Some drivers don’t pay attention to anyone who is traveling by motorcycle, bicycle, or foot. Because of this, they may not see them when exiting a driveway or parking lot. This is especially true if the pedestrian is short or a child and a motorist do not see them in a parking lot, sidewalk, or crosswalk.
Drunk Drivers
If someone operates a vehicle while under the influence of drugs or alcohol, they pose a significant threat to pedestrians and other motorists on the road.
Drivers Who Break the Law
If a driver speeds or does not yield to pedestrians in crosswalks, they will contribute to the pedestrian accidents that occur each year.
Fatigued Drivers
Studies have proven that drivers operating a vehicle who are extremely tired are just as dangerous as drivers who are under the influence of drugs or alcohol. Any driver who is impaired, which includes being fatigued, poses a huge risk to pedestrians.
How to Prove Negligence After a Pedestrian Accident
Proving negligence requires you (the plaintiff) to establish the following:
- The driver had a duty of care
- The driver breached that duty of care
- The breach caused the damages and injuries the plaintiff suffered
Recovering Damages After a Florida Pedestrian Accident
If you can successfully prove negligence in your claim, you may receive compensation for things like:
- Damages
- Lost wages
- Pain and suffering
- Medical expenses
It’s required that you file your claim for compensation within four years after the date of the accident. If you fail to meet this timeline, the possibility of holding the careless driver accountable.
If the accident victim was killed, relatives have the right to file a wrongful death claim and receive compensation for any medical bills and funeral costs. It may also be possible to recover compensation for the loss that the person’s death caused a family financially.
It is best to contact our attorneys to learn more about what type of compensation you can recover after a pedestrian accident.
Contact Our Attorneys for Help with Your Pedestrian Accident
If you are dealing with the aftermath of a pedestrian accident, contact our legal team for help. We have years of experience helping accident victims just like you and can help you recover the compensation you deserve. We are here to help protect your rights after a pedestrian accident and ensure you can fully recover from the situation financially, emotionally, and physically.
