According to a recent study by the Governors Highway Safety Administration, Florida is the least safe state for pedestrians.
The study found that the Sunshine State is home to four of the ten most dangerous metro areas for walkers in the nation. With more than 580 pedestrian accident deaths during the 10-year period studied, Orlando was the deadliest urban center for pedestrians, followed by the greater Tampa, Jacksonville and Miami areas.
Motorists who fail to obey traffic laws or drive recklessly often are liable for a pedestrian’s injuries, even if the pedestrian was improperly in the roadway. Cities and towns can be responsible if a poorly designed intersection or a malfunctioning traffic signal contributes to an accident. Owners of private property such as parking lots also may be responsible, if they failed to maintain the property in a safe condition.
Under the legal doctrine of “comparative negligence,” a pedestrian still may be able to recover some compensation, even if he or she is partly responsible for their injuries. In addition, a third party may also be liable.
The injuries a pedestrian sustains if he or she is struck by a motor vehicle can be severe and life-changing. Common injuries include broken bones, neck injuries, brain injuries, nerve damage, loss of limb, disfigurement, and psychological and emotional trauma. The effects of such injuries can be extensive. In the case of a fatal accident, the loss to the family can be overwhelming.
Contact an Experienced Pedestrian Accident Lawyer
If you were injured in a pedestrian accident, or a pedestrian accident caused injuries or the loss of a loved one, contact Zweben Law Group. A pedestrian injury lawyer on our team can offer you a free, confidential evaluation of your case and advise you of your rights. Based in Stuart, Florida, and serving you across all of Florida, Zweben Law Group offers a free, no-obligation consultation. Call us today at 772-223-5454.
FAQs – Pedestrian Accidents
Pedestrian accidents can cause serious, long-term injuries to people walking near roadways or in parking lots. At Zweben Law Group in Stuart, FL, we have over 25 years of experience representing victims of pedestrian accidents. Check out our Pedestrian Accidents FAQs below to get the answers to your questions about pedestrian injuries.
What happens if a car hits a pedestrian?
Because pedestrians don’t have protection around their bodies when struck by a vehicle, they often suffer severe injuries or death. Pedestrian injuries often include:
- Broken bones
- Pelvic injuries
- Internal organ damage
- Spinal cord injuries
- Traumatic brain injuries
Who is liable when a car hits a pedestrian?
Pedestrian accident liability laws are complex. Conditions that could affect liability include:
- Location of the accident and duty to yield
- Influence of drugs or alcohol on either the driver or the pedestrian
- Whether the pedestrian was jaywalking or crossing against a pedestrian signal
- Speed of the vehicle
Florida is a comparative negligence state, so both parties may share fault for the accident. For example, the court might determine that a driver who struck a pedestrian was 75% negligent for speeding and a pedestrian was 25% negligent for jaywalking.
Based on the shared negligence of the driver and the pedestrian, the court would reduce the pedestrian’s compensation award by 25%.
Do pedestrians always have the right of way in Florida?
Traffic laws dictate when each party should yield the right of way. Vehicles must yield to pedestrians crossing at a crosswalk with a “walk” signal or in a parking lot. Additionally, vehicles must always yield to anyone with visible signs of disability, such as a white cane, a guide dog, a wheelchair, or other aid.
Pedestrians crossing when there is no designated crosswalk should yield to vehicles and only cross the street when safe. Pedestrians should always cross using the shortest path across the street or lane.
Where are some common places where pedestrian accidents occur?
Pedestrian accidents often occur:
- At intersections
- In parking lots
- On bridges
- At night
Unfortunately, most pedestrian accidents occur at night when a pedestrian crosses in a place with no designated crosswalk, often on weekends when either the driver, pedestrian, or both have been drinking.
If I don’t have health insurance, can I get medical help after a pedestrian accident?
You may be able to pursue a claim through your car insurance policy or the driver’s policy depending upon the circumstances. You may also be able to file under a household family member’s policy if you don’t have auto insurance.
Can a pedestrian be liable in a car accident?
A pedestrian could be liable for their injuries in certain circumstances, such as jaywalking, walking under the influence, and attempting to cross an interstate highway.
Contact Us at Zweben Law Group for Help with a Pedestrian Accident Case on the Treasure Coast
If we didn’t answer your questions in our Pedestrian Accidents FAQs, don’t hesitate to contact us at Zweben Law Group in Stuart, FL. Call us today at 772-223-5454 or contact us online to get a free case evaluation with a pedestrian accident attorney.
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