A pedestrian accident happens when a motor vehicle, such as a car or motorcycle, hits a human. Pedestrian accidents are typically more severe than car accidents involving two vehicles because the person is completely exposed. If you or a loved one were injured in a pedestrian accident, you may be entitled to financial awards.
Pedestrian Accidents Are All Too Common And Dangerous
The Centers for Disease Control and Prevention (CDC) found that more than 7,000 pedestrians were killed by motor vehicles in 2020. Another 104,000 pedestrians received emergency medical treatment for non-fatal injuries related to pedestrian accidents in the same year.
There are many causes of pedestrian accidents, but collisions often happen between motor vehicles and unprotected humans because the driver is not paying attention or acting as carefully as they should.
If you are the victim of a pedestrian accident, then the motorist who struck you could be responsible for the losses you have incurred because of the accident.
Drivers Have a Responsibility to Keep Pedestrians Safe
Just as every motorist has a right to a reasonable expectation of safety at the hands of other motorists, pedestrians have a right to a reasonable expectation of safety while traveling near roadways. Motorists have an obligation to watch for pedestrians and take measures to avoid causing them injury. Drivers who are distracted, fatigued, intoxicated, or reckless can put pedestrians at a greater risk of severe injury and death.
Some of the most common dangerous behaviors by drivers that could potentially cause a pedestrian accident are:
- Traveling at unsafe rates of speed
- Failing to check crosswalks when turning
- Failing to yield to pedestrians, whether they have the right of way or not
- Texting while driving
- Making a phone call while driving
- Eating or drinking while driving
- Being drunk or under the influence of drugs and driving
- Changing lanes abruptly
- Driving at night without headlights on
These are just a few of the behaviors that put other motorists and pedestrians near the road at risk of injury or death and could be some of the causes of pedestrian accidents. If you were involved in a pedestrian accident and the driver involved engaged in any of these or other dangerous behaviors, they could be liable for your injuries.
Who Can Be At Fault for a Pedestrian Accident?
One or more of the following parties could share fault for your pedestrian accident:
A Motorist
Most pedestrian accidents are caused by motorists. These collisions can result from:
- Distracted driving
- Failing to yield to the right-of-way
- Speeding
- Intoxicated driving
- Road rage
- Weaving in and out of lanes
- Not braking in time
- Failing to obey posted traffic signals
The CDC notes that drunk driving is among the leading causes of pedestrian accidents.
A Government Department
The government is responsible for ensuring the safety of Florida’s roadways. When it fails in this obligation, it can hold liability for your losses. For instance, suppose you were crossing the street when a traffic signal stopped working, causing a car to hit you. If the government knew (or should have known) about this issue, it could pay for your losses.
A Vehicle Manufacturer
The National Highway Traffic Safety Administration (NHTSA) issues recalls on defective cars. However, it may take multiple incidents before this happens. If your accident was caused by a defective car (like a vehicle that accelerated suddenly or didn’t have functioning brakes), you can file a product liability claim against the vehicle’s manufacturer.
What Could Make a Pedestrian Responsible for a Collision?
Florida laws outline how both pedestrians and drivers should behave on roadways. Florida Statutes § 316.130 lays out many rules for pedestrians. For example, pedestrians should:
- Walk on sidewalks when provided
- Walk on the left shoulder, facing traffic, when there are no sidewalks
- Obey traffic signals
- Cross the street at crosswalks where available
Pedestrians need to obey the rules of the road just like everyone else. If a pedestrian fails to abide by these rules and a car hits them, they may hold some responsibility for the accident.
Here are some common situations where a person walking or bicycling might share responsibility for an accident:
Ignoring Traffic Signals
If a pedestrian or bicyclist crosses the street when they don’t have the right-of-way, they risk their life. Motorists aren’t watching for pedestrians when following the flow of traffic, and they’re not expected to stop in the middle of an intersection to let someone cross.
Pedestrians should wait for a “WALK” signal before entering a roadway.
Walking Along High-Speed Roads
On many suburban and country two-lane highways, there is no room for someone to safely walk along the side of the road. Often, signs warn people not to walk along the road, as many cars, trucks, and buses are zooming by at speeds between 45 mph and 75 mph. It is very unsafe to put yourself in this situation.
If you walk or bike along these roadways and you get hit by a vehicle, you might be partially at fault for the accident.
Crossing Outside Of Crosswalks
The National Safety Council (NSC) notes that most pedestrian accidents happen in urban areas outside of designated crosswalks. When a pedestrian does not use a crosswalk at an appropriate time, they put themselves at risk of harm.
You Can Seek Damages even if You Partially Caused the Accident
Florida’s a no-fault state, meaning if you partially caused the accident, you can seek compensation regardless of fault. However, matters get complicated when you’re hurt as a pedestrian.
In this case, you can seek compensation from the liable insurer. Keep in mind that your percentage of fault will reduce your final settlement. For instance, if you caused 20 percent of the collision, your case’s value gets reduced by 20 percent.
What Should I Do If I Suffered Injuries in a Pedestrian Accident?
If you or a loved one suffered harm in a pedestrian accident, we recommend the following measures:
- Visit a healthcare provider. Even if a car “tapped” you, serious injuries may develop over time. Be sure to keep copies of your lab test results, imaging scans, and follow-up appointment dates.
- File a police report. Florida Statutes § 316.066 says that you generally have ten days from your accident date to file a police report. Following a collision, you must file a police report if anyone was hurt or passed away.
- Document your injury-related losses. Expenses will start accumulating at the accident scene. By documenting your injury-related damages, you can request compensation that pays for them.
- Notify your insurance company. If you own a car and have personal injury protection (PIP) coverage, you can file a claim with your own insurer to recover damages after your accident. Even if you didn’t cause the crash, your insurance company still wants to know about the incident.
Our Lawyers Can Help If You Were in a Pedestrian Accident
One of our Fort Lauderdale personal injury lawyers can help you with every aspect of your case, advocating for your rights and working to obtain fair compensation for your injuries.
Here are some of the ways we can assist with your case:
Investigate Your Accident
To recover damages, we must show that the driver who hit you was negligent in his driving and liable for your injuries. While the police and insurance companies will investigate your accident, we can also conduct an independent investigation.
We can gather evidence from the scene, eyewitness testimony, police reports, cell phone records, toxicology reports, and more to show that the driver caused the accident.
Help You Seek Medical Treatment
Proper medical treatment is critical to your health, and it documents your injuries. If you do not have a medical provider, we can recommend one. We can even help you schedule your appointments.
Support The Value of Your Damages
We can collect evidence to estimate how much your damages are worth. Some of the evidence we collect may include:
- Photos from the scene of the accident
- Photos of your injuries
- Medical bills and records
- Past wage statements
- Bills for your home’s modifications
- Interviews with you, friends, and family
Communicate With The Insurance Companies
We can take over all communications with the insurance companies for both you and the driver. We can file a claim, submit supporting documents, and negotiate a settlement.
File a Lawsuit
If the insurance company fails to offer a reasonable settlement, we can file a lawsuit on your behalf.
Pedestrians are not always at fault in pedestrian accidents. Many times, drivers are responsible for these collisions. In some accident scenarios, pedestrians may be distracted and not look both ways before crossing an intersection. In others, drivers don’t yield to pedestrians, causing serious collisions.
Damages You Might Recover in a Pedestrian Accident Case
The value of your damages depends on many factors, such as:
- The severity of your injuries
- The length of your recovery
- The cost of your medical treatment
- The impact of the accident on your quality of life
Economic Losses You Can Recover
If your case results in a favorable judgment or settlement, you could be eligible to collect damages covering:
- Your medical expenses and long-term rehabilitation, including emergency room visits, diagnostic imaging, doctor appointments, surgeries, hospital stays, prescription medications, rehabilitative therapies, and more
- Lost wages if you must take unpaid time off work while you recover
- Diminished earning capacity if your injuries prevent you from returning to work
Intangible Losses You Can Recover
You may also be entitled to compensation for non-economic damages, like pain and suffering. These damages can apply to your case if:
- You lost a limb.
- You became paralyzed or otherwise permanently disabled.
- Your injuries require a long recovery period.
- Your injuries require multiple surgeries.
- You develop mental health conditions such as anxiety, depression, post-traumatic stress disorder, or insomnia because of the accident.
Wrongful Death Damages
If the accident took a victim’s life, their family members can file a wrongful death case. If you are bringing a wrongful death claim, you could be entitled to damages such as funeral costs and loss of consortium. Each case is different, and possible damages vary from claim to claim.
Deadlines for Filing a Pedestrian Accident Lawsuit in Florida
The following laws may apply to your case:
- Florida Statutes § 95.11(3)(a) establishes the mandated deadline for personal injury lawsuits at four years.
- Florida Statutes § 95.11(4)(d) establishes the mandated deadline for wrongful death lawsuits at two years.
If you do not file a lawsuit before the statute of limitations expires, you forfeit your right to do so.
Call Our Team Today for Help With Your Pedestrian Accident Case
Our team at the Law Offices of Anidjar & Levine will handle your case from start to finish. Our pedestrian accident lawyers work on a contingency basis, which means you pay us nothing unless we win your case.
Call us today for a free consultation.
We Can Help.
