Whether you’re walking, jogging, or skating, there is little to protect you from a 4,000-pound vehicle. That’s why pedestrian vs. vehicle accidents almost always result in moderate to severe injuries.
If you are a pedestrian who has been injured in an accident, you could be facing months of recovery, mounting medical bills, lost wages, and more. Long, Jean & Weschler, P.A., will represent you on a contingency basis. That means you will receive professional legal representation from the beginning of your case until we settle or win in court without having to pay out of pocket. Call our Pompano Beach, FL, personal injury law office immediately for a free consultation.
What are Pedestrian Accidents, and How Common Are They?
Under Florida State Statute 316.027(1)(b)(1), a pedestrian can be a person working on the roadway; a person operating a bicycle, motorcycle, scooter, moped, or electric bicycle; an individual riding an animal; someone walking; an individual on a skateboard, rollerskates, or rollerblades; a wheelchair; in a horsedrawn carriage; or someone in an electric personal assistive mobility device.
In other words, if you’re not in a car or truck, you’re probably considered a pedestrian under the law. The following chart details pedestrian accidents for the state of Florida in 2023. Although Florida law broadly defines pedestrian accidents, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) separates bicycle and motorcycle crashes from pedestrian crashes that don’t involve either of these personal vehicle types.
Source: FLHSMV
Vehicle vs. pedestrian accidents, excluding motorcycles and bicycles, exceeded 10,000 accidents with over 700 fatalities, making them even more dangerous than motorcycle accidents. When all categories are combined, there were 28,106 pedestrian accidents, claiming 1,389 lives.
Common Environmental Factors for Pedestrian Accidents
Most pedestrians know that they need to move with caution when they’re on or near the roadway, but sometimes, their environment works against them. For example, how many times have you walked alongside a South Florida roadway, and the sidewalk either ends or is closed off for repairs? Sometimes, pedestrians are forced to walk on the shoulder of the roadway, placing them within feet of passing vehicles. This is particularly common when vehicles break down or get flat tires on the Turnpike or I-95. The driver will pull over to the shoulder and get out of their vehicle, usually entering the right lane of traffic.
Broward County road construction is everpresent, and this often creates additional hazards for pedestrians. Construction often interferes with pedestrian walkways and confuses drivers. On the other hand, poorly maintained sidewalks can cause pedestrians and bikers to fall into the lane of travel, placing them in the path of vehicles.
Poor lighting is another common environmental factor when it comes to pedestrian motor vehicle accidents, making it more difficult for drivers to notice people who may not be in the beam of their headlights.
The best way to avoid environmental risks is to remain alert to changes in your walking route and always watch for moving vehicles.
Driver-Related Factors in Vehicle vs. Pedestrian Accidents
Naturally, a significant portion of motor vehicle accidents are the fault of drivers. Cellphones, in-car screens, smartwatches, and of course, passengers frequently draw the attention of drivers from roadways. It only takes a fraction of a second for a driver to miss a pedestrian entering the roadway.
Drunk driving is another frequent cause of pedestrian accidents, especially at night. One study showed that someone with a BAC of .08 has a decreased reaction time of .12 seconds, which is significant when it comes to life-and-death decisions. In addition, alcohol affects the motor skills required to operate a vehicle safely.
Many pedestrian accidents involve drivers ignoring traffic signals and roadway markings. Accidents where vehicles encroach on crosswalks or veer into bike paths are frequent around South Florida.
Pedestrian Behavior that Can Cause or Contribute to Accidents
Pedestrians are sometimes responsible or partially responsible for their accident injuries. For example, the pedestrian may not notice that a traffic signal has changed from “walk” to “don’t walk.” Or they may be tempted to jaywalk instead of walking to a crosswalk and waiting for a signal to change. Because of Florida’s comparative negligence law, you may still be entitled to damages, even if you are partially responsible for your injuries. Never assume that you are on your own for your damages just because you feel like you share in the negligence. Contact LJW for a free consultation where we can evaluate the other party’s culpability.
How Vehicle Blind Spots Affect Visibility Issues
Most drivers are familiar with the blind spots that their rear and side-view mirrors can’t cover. As a rule, the bigger the vehicle, the larger the blind spot. Oftentimes, a driver who is planning on changing lanes fails to notice a pedestrian, motorcyclist, or bicyclist in their blind spots.
Many modern cars come with blind-spot detection software that alerts the driver when a person or vehicle is outside their field of vision. However, this type of software has varying degrees of reliability. Ultimately, it is the responsibility of drivers to check their blind spots before changing lanes. However, pedestrians should always be aware of when they are crossing into the blind spot of a vehicle.
How Tech Affects Pedestrian Safety
In many ways, technology has made vehicles safer for pedestrians. Modern cars have obstacle detection, which alerts the driver when they’re heading toward a car, person, or object in the roadway. However, technology can also work against pedestrians. Many drivers have become too reliant on their in-car screens. Furthermore, an alarmingly high number of drivers use their smartphones while operating their vehicles. But it’s not only the drivers who have become increasingly distracted by their devices. Pedestrians are just as guilty of walking while staring at their phones — often to their own detriment. Noise-cancelling headphones also eliminate the pedestrian’s ability to hear vehicles coming.
Laws Affecting Pedestrian Accidents
These are the key concepts that affect personal injury cases for pedestrian accidents. For specific legal advice, contact LJW immediately.
Statute of Limitations
The statute of limitations is the period of time that you have to file a lawsuit. For most accidents, it’s four years from the date of the accident. For wrongful death claims, it’s two years from the date the victim dies.
Comparative Negligence
Under Florida’s comparative negligence law, victims can claim a portion of their damages, even if they are at fault. For instance, pedestrians are supposed to walk on the left side of the road if there is no sidewalk. If a vehicle strikes an individual who is walking along the wrong side of the road, the court may determine that the pedestrian is 25% responsible. If the pedestrian’s damages are $100,000, they could collect up to $75,000. Their damages are reduced by 25%
Damage Caps
Florida does not cap compensatory damages. For punitive damages, there is a cap of $500,000 or three times the amount of compensatory damages.
What You Should Do if You’re Struck by a Vehicle
The moments after any accident can be crucial to your ability to make a full physical and financial recovery. While every accident is different, the following steps apply to most types of accidents. It’s important to note that this section and anything else you read on this site should not be construed as legal advice. For actual legal advice, call the Pompano Beach, FL, law office of Long, Jean & Wechsler, P.A.
- Get to a place of safety – You may still be in danger. Do not lie in the middle of a lane of travel if you are able to move to the side of the roadway.
- Get the vehicle information – Hit-and-run drivers are common in pedestrian accidents. Note the vehicle color, make, model, tag number, and direction of travel (if they leave).
- Call 911 – Don’t rely on others to contact first responders. Tell the dispatcher your name, your exact location, the nature of your injuries, and a description of the vehicles involved.
- Take pictures – The accident scene will change rapidly. Document it with pictures and video. From a safe vantage point, take photos of street signs, traffic signals, road markings, damage to the vehicle, any visible injuries you sustained, torn clothing, debris on the roadway, skid marks, and anything else that you believe would contribute to your case. Taking too many photos is better than too few.
- Allow EMS to examine you – Even if you feel fine, you should allow the EMTs to examine you. This will establish a baseline if any injuries should appear in the days following the accident. If they recommend you to go to the hospital, follow their directions.
- Do not accept a settlement offer – In many cases, the at-fault driver’s insurance company will contact you with what they say is a fair settlement offer. In most cases, this offer is a fraction of the value of your claim. If you accept the settlement and sign a waiver, you will not be able to seek further damages.
- Contact a lawyer – If you live in Broward County, call Long, Jean & Wechsler, P.A. 24/7. We can offer you a free, no-obligation consultation. If you contract our legal services, we can immediately represent you on a contingency basis.
By following these steps, you can ensure that you will have the resources to make a full recovery. Call now.
Pedestrian Accident FAQ
These are some of the most common questions asked by pedestrian crash victims. Call today to ask a knowledgeable pedestrian accident attorney questions about your case.
If the Vehicle Hit and Ran, Can I Still Collect Damages?
Your ability to collect damages from the at-fault party is conditioned on being able to identify the driver. The police have extensive resources they can utilize to find hit-and-run drivers. Contact us immediately, even if the driver is still unknown.
The Insurance Company Says That I Don’t Need a Lawyer. Is this True?
Technically, you don’t require a lawyer to settle a case, but there is a reason why the insurance adjuster is telling you this. They’re aware that in most accident cases, clients with representation tend to receive much higher settlements.
If you’ve already received a settlement offer from the insurance company, contact Long, Jean & Wechsler, P.A. If the settlement is fair, you’re under no obligation to hire our team. On the other hand, if the settlement is low (which is usually the case), we can represent you on a contingency basis. Contact our pedestrian accident law office immediately.
