Pedestrian accidents can lead to devastating injuries. The shock alone can do long-lasting psychological damage. Unfortunately, these accidents are all too common on the busy streets of Florida.
If you are involved in a pedestrian accident, you need to understand that the other party involved will likely be trying to put the blame on you. The Florida pedestrian accident lawyers at Madalon Law understand what it takes to win these types of cases. We will give you a free consultation and will gladly answer your questions and go over your options with you.
Florida is the second deadliest state regarding pedestrian accidents as per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). There was a concerning 25% increase in these incidents between 2020 and 2021, putting Florida in second place for the highest number of pedestrian fatalities in the nation.
Most of these accidents occur around intersections and dark areas without proper sidewalks. Even if you are on a sidewalk, a speeding car cannot stop fast enough to swerve away in time. The collision alone can cause fatal or debilitating injuries that can seriously reduce your quality of life. If the vehicle is large enough (like an SUV or truck), it can strike you at a higher point, increasing the risk of death.
If you were involved in a pedestrian accident in Florida, our dedicated pedestrian accident attorneys in Florida at Madalon Law can help you get the compensation you deserve. Our results speak for themselves. We have recovered hundreds of millions in settlements for clients in Florida.
Contact us for a detailed consultation regarding your rights and legal strategy after a pedestrian accident.
So why does Florida have such alarming statistics for pedestrian accidents? There are several reasons, but the main causes of pedestrian accidents include:
Distracted Drivers
Even a split-second distraction can lead to devastating accidents. While Florida has doubled down on texting while driving laws, it hasn’t considered other distractions. So, if a driver bites down on a burger with one hand, squints at their rearview mirror while applying mascara, or talks on their phone while driving near sidewalks or crossings, pedestrians are at risk.
Speeding
Under normal conditions, it can take a vehicle traveling at 60 mph 120 to 140 feet to come to a complete stop after braking. A heavy vehicle such as a tractor-trailer or SUV can take longer. In short, the faster it goes, the more time it needs to stop. If a pedestrian steps onto the road, injuries are imminent.
Driving While Intoxicated
Booze slows down reaction time. Drunk drivers can barely steer straight let alone slam on the brakes in time to avoid pedestrians.
Failing to Stop or Yield
Drunk, distracted, and speeding drivers don’t pay attention to who has the right of way. They might zoom through an intersection without looking out for pedestrians crossing the street, leading to tragic accidents.
Type of Vehicle
An SUV will do more damage than a smaller vehicle. Their bumpers are higher up, meaning they can slam into your chest leading to traumatic injuries.
Poor Weather Conditions
Roads get slick in the rain and snow. A car will slide even after brakes are engaged. For example, a vehicle traveling at 40 mph may slide several feet before coming to a complete stop. On ice, the distance can be longer. A pedestrian stands no chance.
Making Left-Hand Turns
Most drivers turning left don’t check for pedestrians crossing the road. Injuries resulting from this distraction can be expensive to treat.
Backing Up
Drivers backing out of driveways or parking spots rarely account for blind spots. So if you are walking behind them as they do so, you can get run over.
Dark Clothing
Never been in an accident? That can change quickly at night on Florida roads. Add dark clothes to the mix and you will be invisible to drivers till they are right on top of you.
Elderly Pedestrians
The elderly cross streets slowly compared to the young. They are naturally more cautious while crossing but it can lead to accidents as drivers fail to brake in time. Since they are also more likely to fall at the slightest force, even if a car nudges them, serious injuries are imminent.
Whether you are hit by a small or large vehicle, the force of the impact is enough to do some serious damage:
Broken Bones
The legs are particularly vulnerable, as they are often directly impacted during a collision. The same goes for fractured arms, especially if you throw up your hands. Similarly, your hip can break as you strike the ground after impact.
Traumatic Head Injuries
Traumatic brain injuries (TBIs), including concussions and skull fractures, are common. Even if treated timely, these injuries can still have long-lasting effects on cognitive function, memory, and motor skills.
Soft Tissue Injuries
Even if you did not get seriously injured, soft tissue injuries can have a lasting impact. Blood vessels beneath the skin can rupture leading to bruises or contusions. Similarly, if you fall on hard asphalt or glass, you can get lacerations and cuts. A twisted limb can damage ligaments, causing painful sprains.
Spinal Injuries
These injuries can range from mild to severe and may result in temporary or permanent paralysis, loss of sensation, or other neurological deficits. Needless to say, spinal injuries can have a profound impact on your mobility and quality of life.
Internal Injuries
As your body absorbs the impact of a speeding vehicle, so do your organs. The blunt force trauma can cause internal bleeding. Unfortunately, internal injuries are usually discovered till it is too late. Treatment delays can worsen internal injuries, leading to serious health complications or worse.
Psychological Trauma
Witnessing or experiencing a traumatic event like a pedestrian accident can cause emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD). Psychological support and therapy may be necessary to help pedestrians cope with the emotional aftermath of the accident and facilitate recovery.
In Florida, a lot of the streets were built without much thought for pedestrians. New streets and highways were built to facilitate cars traveling at high speeds and to reduce delays at controlled intersections. Slowing or stopping to let pedestrians cross is usually an inconvenience.
Because of this, you’ll notice that outside of busy downtown areas, there aren’t many people walking around. And because there aren’t many pedestrians, drivers, and walkers haven’t learned how to watch out for each other. But that doesn’t mean they cannot learn. Some traffic principles for drivers and pedestrians in the state include:
Navigating Right of Way: Understanding “Due Care” on the Road
When you’re out on the road, it’s important to remember something called “due care.” Essentially, it means you’ve got to be careful and considerate of others, whether you’re driving or walking.
Traffic laws are there to tell us who should give way to whom, but they don’t give anyone an absolute right to rule the road. So, just because you see a signal or a crosswalk doesn’t mean you automatically have the right of way.
We all have to use our judgment and be responsible for our own safety and the safety of others. So, next time you’re out there, keep “due care” in mind and ensure you’re looking out for everyone on the road.
Navigating Crossings: Rules for Pedestrians Outside Crosswalks
When you’re on foot, you can usually cross the street at places in between intersections, but you’ve got to be careful and yield to any cars coming your way if there’s no crosswalk.
However, if you’re crossing in the middle of the block without a crosswalk, it’s only okay if the nearest intersection doesn’t have traffic lights. Even then, you still need to watch out for cars and give way to them unless you’re crossing in a marked crosswalk.
Respecting Pedestrians: Rules for Drivers at Crosswalks
When you’re driving and you see someone walking in a crosswalk, you’ve got to let them cross safely. That means you need to stop if they’re in your lane, the lane you’re turning into, or a lane next to yours.
But here’s the thing: for a pedestrian to cross “lawfully,” they need to start crossing when it’s legal for them to do so.
Remember, a crosswalk is automatically there at every intersection unless there are signs saying you can’t cross. And sometimes, there might not be any markings, but it’s still a crosswalk.
Both drivers and pedestrians need to be careful and look out for each other to stay safe on the road.
Staying Safe: Where Pedestrians Should Walk
If there’s a sidewalk, pedestrians should use it instead of walking on the road where cars drive.
Now, a roadway is the part of the street meant for cars. It doesn’t include the shoulder or the side of the road. So, unless there’s no other choice, stick to the sidewalk to stay safe.
In Florida, if a driver hits a pedestrian and it’s their fault, they’re responsible for covering the pedestrian’s damages. Figuring out who’s at fault usually comes down to negligence. Florida follows a “comparative negligence” rule, meaning both the driver’s and the pedestrian’s actions are considered. For instance, if a jury finds the driver 60% at fault and the pedestrian 40%, damages will be assigned accordingly.
When dealing with insurance companies, we’ll argue the driver was to blame, while they might say it was the pedestrian’s fault, or maybe both were at fault. However, damages can be sought based on the percentage of fault assigned to the driver.
According to Florida’s right-of-way laws, pedestrians usually have the right-of-way when they’re crossing at crosswalks. So, if a car hits them there, the driver is typically at fault. However, if a pedestrian crosses outside a crosswalk or away from an intersection, they’re supposed to yield to vehicles.
But here’s the catch: drivers are expected to be extra careful around pedestrians, even if they’re jaywalking. So, even in those cases, a Florida pedestrian accident lawyer can argue that the driver holds some or all of the fault for the accident.
If you are hit by a vehicle while crossing the road, the pain and shock will render you helpless. The only thing on your mind will be to get help as soon as possible. But forewarned is forearmed. You deserve compensation for your pain and suffering. Knowing how the laws pertaining to your case can impact your legal options can help with your Florida pedestrian injury claim:
Get Medical Help Right Away
Seek medical attention immediately, even if you don’t think you’re seriously hurt. Some injuries, like concussions or internal bleeding, might not show symptoms right away, so it’s vital you make sure you’re okay.
This is also important for legal reasons. A medical exam can provide key evidence if you decide to file a personal injury claim. It can establish the extent of your injuries and any potential long-term effects from the accident.
So, remember, seeking medical attention after a pedestrian accident isn’t just about your health—it’s also about legal protection and your overall well-being.
Call the Police
If you’re hit by a car in Florida, don’t wait—call the police right away to report the accident. When you call, make sure to give your name and contact details and describe what happened, including where it occurred and any injuries you have.
But what if you’re seriously hurt and can’t dial 911? If that’s the case, ask a bystander or witness to call the police for you. They should provide the same info as you would, including where the accident happened and details about your injuries.
If you’re unable to talk, the bystander should give whatever info they can about you, like your name and contact details if they know them. They should stick around until the police arrive and offer any help they can.
Remember, the driver who hit you has to stop and give their info. If they don’t, they could be charged with a hit-and-run. You or someone on your behalf might need to follow up with the police to ensure the driver is held accountable.
Remain at the Scene
According to Florida law, if you’re involved in a pedestrian accident, the driver must stop and give you their contact details, as well as any witnesses. They’re also required to offer reasonable help if you’re hurt, like calling an ambulance or taking you to the hospital if needed.
If the driver takes off without stopping or providing info, they could face serious charges for a hit-and-run. So, it’s crucial for you to gather as much info as you can about them and their vehicle—this includes their license plate number, make and model of the car, and their contact details.
With this info, the driver may be held accountable and you can get compensation for any injuries or damages you’ve suffered in the accident.
Pedestrian accidents can be legally complex, and insurance companies may deny fair compensation for injuries. A knowledgeable attorney understands this process and the significant impacts of such accidents on your life.
Here’s how a Florida pedestrian accident attorney can assist you:
Even if you’re unsure about pursuing legal action, exploring your options is essential. Madalon Law’s Florida pedestrian accident lawyers are dedicated to easing your burden after an accident. We handle everything, allowing you to focus on your recovery.
Contact Us For A Detailed Consultation Today.
The at-fault party doesn’t have insurance. How will I get compensated?
While you can sue an uninsured motorist and even win a judgment, collecting that judgment might prove challenging. Most people don’t have that much money ready to be handed over.
We can help by identifying all liable parties and potential sources of compensation. Our team will carefully assess your case to explore alternative options if the at-fault party is uninsured.
Here are some potential avenues for compensation:
Personal Injury Protection (PIP) Insurance: Your own PIP insurance policy may cover some of your medical expenses, regardless of who’s at fault.
Health Insurance: Your health insurance policy could also help cover medical costs related to the accident.
What is Florida’s statute of limitations for pedestrian accidents?
The clock starts ticking at one of three different points, depending on the circumstances:
Date of Injury: For most injury claims, such as a pedestrian accident, the clock starts ticking from the date of the incident. This means you generally have two years from the collision to file a lawsuit.
Discovery of Harm: Sometimes, the harm isn’t immediately obvious, so the deadline might start from the date you discovered or should have discovered the damage. For instance, if your organs were damaged and you found out later, the clock can start from the day of discovery.
Date of Death: In wrongful death cases, the statute of limitations begins from the date of death, not the date of the original injury. Whether the victim passes away immediately or later on, the clock starts from that moment.
An injury claim can transition into a wrongful death claim, which has its own statute of limitations. Understanding these timelines is crucial for ensuring your legal rights are protected.
Besides pedestrians and drivers, who can be held liable for pedestrian accidents in Florida?
Liability typically falls on the driver or the pedestrian. However, there are instances where additional parties may be held responsible, such as:
Property Owners: If a sidewalk or parking lot defect caused an accident or pedestrian injury, the property owner may be liable.
Other Pedestrians: If another pedestrian pushes you into oncoming traffic (either intentionally or unintentionally), they can be held liable for your injuries.
Liquor Establishments: If you got drunk because the staff at your local bar didn’t cut you off and you stumbled into oncoming traffic, they may be held liable for your injuries.
Do I need a police report for my accident in Florida?
Yes, you typically need a police report for any accident you sustain in Florida. By law, you must call 911 immediately after the accident. The responding police officer will gather crucial information about the parties involved, witnesses, vehicle and pedestrian damage, and the likely cause of the accident. Your lawyer will start your case by reviewing this police report, which you can usually access for free a few days after the accident.
Is walking on the interstate in Florida illegal?
Yes, it is illegal to walk on the interstate in Florida, as well as on highways on/off ramps. These roads are designated as “limited access facilities” per the Florida State Uniform Traffic Control Act. Only maintenance personnel authorized by the government are allowed to walk along highways.
There may be an exception if your car breaks down on the highway. In that case, you should pull your car as far off the roadway as possible, turn on your emergency signals, and lift the hood of your car if possible to signal other drivers to be cautious. However, you should not stand near your vehicle unless you can completely remove it from the roadway.
What compensation can I anticipate by filing a claim?
This is a common inquiry that many individuals have. However, it’s important to note that no injury attorney can guarantee an exact figure following an initial consultation. Nevertheless, they may provide you with a rough estimate based on various factors, including:
If the claim is against a state, government agency, or employee, damages may be capped per person.
It’s essential to discuss these factors with your attorney to gain a clearer understanding of the potential compensation you may receive.
What are the best ways to avoid pedestrian accidents?
Whether you are driving or walking:
To reduce the risk of automobile-pedestrian accidents, it’s crucial to follow these steps recommended by the Federal Highway Administration:
I’ve recently been injured in a pedestrian accident and don’t have health insurance. How will my medical expenses be covered?
The coverage for your medical bills depends on various factors, such as the circumstances of the incident, liability, and the severity of your injuries. Florida operates as a no-fault state for auto insurance, meaning your first coverage option would likely be Personal Injury Protection (PIP). According to Florida Statute 627.736, PIP coverage for a driver extends to a pedestrian involved in an accident. Pedestrians can also access PIP benefits through their own auto insurance policies or those held by a resident relative.
PIP typically covers 80% of all reasonable expenses for medically necessary services, provided the individual seeks initial care within two weeks of the collision. By getting immediate medical attention, you preserve your right to more benefits if your injuries worsen over time.
In cases where medical expenses surpass $10,000, you may pursue compensation from the at-fault driver’s insurance (if coverage exists) or your uninsured/underinsured motorist coverage. If the injury occurred while you were working, you could also be eligible for workers’ compensation coverage. Your workers’ compensation insurer may look to claim reimbursement for any third-party damages you’ve already received.
From navigating insurance claims to pursuing legal action, the Florida pedestrian accident lawyers at Madalon Law will be with you every step of the way. We aim to ensure you receive the compensation you deserve for your medical expenses, lost wages, pain and suffering, and more.
If you’ve been injured in an accident, don’t wait to seek the justice you deserve. Contact a pedestrian accident lawyer to schedule a consultation and learn how we can help you move forward after a pedestrian accident.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
