By: Emily Cardin
Florida is known for its beach lifestyle, sunshine, and theme parks, but many need to know the number of pedestrian accidents that occur within the state.
Unfortunately, Pedestrian Accidents are growing throughout the United States. In 2022, the Smart Growth of America reported that Florida is the second most common state for pedestrian accidents.
The chart posted on their website includes date from 2016-2020.
An article posted by CBS News Miami reported Daytona Beach was one of the most dangerous places to walk nationwide.
They also included a 2020 study that found about 6,500 people were killed while walking in 2020. This data shows around a 4.5% increase since 2019 and a 62% increase since 2009.
Let’s investigate instances where pedestrians have the right of way.
Crosswalks and Intersections
These are one of the main places pedestrians have the right of way. Crosswalks with traffic signals inform pedestrians when they can cross, making things very clear. If they do not have traffic signals, the driver should still approach cautiously and yield to pedestrians to let them cross. Pedestrians should remain inside the crosswalk and not stray outside the designated pathway. Drivers should also wait until the pedestrian has fully crossed just for safety precautions. In specific cases where the driver is over the crosswalk line, the pedestrian still has the right of way.
Parking lots
These lots require special attention due to the high traffic and distracted driving. They are dangerous places for pedestrians who have the right of way but must scan for oncoming vehicles. Pedestrians must be extra cautious when navigating through parking lots regardless of their right of way. In parking lots, drivers could be texting, looking for parking spots, and backing up without looking.
Hazardous weather conditions, school zones, and night driving are all factors that contribute to pedestrian accidents. Distracted driving is also another leading contributor to pedestrian accidents.
Filing a lawsuit:
It is essential to know that both pedestrians and drivers can file a lawsuit against the negligent party. Pedestrians injured can seek compensation for their injuries, emotional distress, and lost wages. Drivers can file a claim including economic damages such as property damage or loss of income. Those drivers who choose to file a lawsuit will have a more difficult case to make against a pedestrian. But they still have a chance; some accidents might not be their fault and could possibly be instances of insurance fraud.
Some questions to help determine which party is at fault include:
- Was the driver driving distracted?
- Was the speed of the driver considered safe for the area?
- Did the pedestrian have the right of way?
- When the accident occurred, was the pedestrian breaking the law?
- Was the pedestrian chasing something into the street at the time of the incident?
- Did the pedestrian look before crossing the road?
Both parties at fault:
There are some instances where both parties could be responsible for the accident. Instances like this occur when mistakes are made by both parties. For example, a pedestrian entered the street without looking, was intoxicated, or was j-walking, and the driver was speeding, driving distracted, or driving aggressively.
These instances where both parties are at fault can complicate determining who is liable. If the pedestrian’s actions and behavior did not violate anything, the driver could be at fault. This is why it is crucial to know what both parties were doing at the time of the accident.
Settlement:
Typically, settlement negotiations do not occur until all medical treatment is completed since this will need to be a part of the assessment. Many instances could impact the settlement received from these cases. Aspects that may affect the money received include:
The severity of the injuries
- The Severity of the injuries
- Pain and suffering
- Emotional distress
- The Extent of medical treatment(s)
- Medical bills
- Lost wages (Unable to work)
The extent of injuries and the impact on a person’s future will be taken into consideration. If an individual does not fully recover and maintains permanent injuries, they typically tend to have a higher settlement value.
KEY TAKEAWAY:
Unfortunately, Pedestrian accidents are common in Florida, so drivers and pedestrians should use their best judgment to create safer neighborhoods and communities. Individuals should know their rights in this situation and see what can be done, and this is where Ovadia Law Group can help. They have experience handling many pedestrian accident cases. Regardless of the circumstances of your accident, see how we can help. We have various offices throughout South Florida, including Boca Raton, Ft. Meyers, Miami, and Orlando. Our team can meet with you at the location most accessible to you. Contact us to see how we can help you or your loved ones!
