The Fort Lauderdale pedestrian accident attorneys at Madalon Law understand that crossing the street can be a very routine thing to do. Our parents have taught us from the beginning to always check for cars coming. Because looking both ways is so simple to do and we have done it all our lives, a level of carelessness and/or inattention can occur and put someone in harm’s way.

In 2010 (the latest available numbers) there were 70,000 Florida Pedestrian Accidents & injuries and over 4,500 pedestrian accident deaths. The National Highway Transportation Safety Administration (NHTSA) estimates that an average of one pedestrian is killed in an accident every 113 minutes and there is one injured every 8 minutes. The NHSTA statistics do not include bicyclist or pedestrian deaths that occur in parking lots, driveways, or other public property.


Even though the majority of pedestrian accidents involve being struck by a car, truck, bus, or other types of vehicle, there are also pedestrian accidents that can involve a sidewalk, roadway, or other poorly structured or maintained walking area. These types of cases usually fall under the legal area of premises liability.


Because both the driver and pedestrian must adhere to the laws of the road, financial recovery can greatly hinge on who was being negligent when the accident happened. This may seem obvious to some, but the court looks at many factors when deciding who the negligent party is. In other words, don’t assume that if someone is hit by a car, the driver is automatically at fault. This is why having the right legal representation is important.


People who operate a vehicle must exercise reasonable care under the circumstances. Failing to do this is where negligence comes in. A driver could fail to follow the speed limit, not yield the right of way to people on the crosswalk, disregard traffic signs, not use their turn signal, drive carelessly through bad weather, or wet roads, drink and drive, or be checking emails and/or texting. Any of these factors are examples of driver negligence.


A pedestrian must also exercise reasonable care to avoid an accident. Failure to do this can directly contribute to the cause of the accident and also the injuries suffered. Some examples of pedestrian negligence are when a person enters a stream of traffic, fails to use a marked crosswalk, runs in front of a vehicle, or ignores the walk/don’t walk signal at an intersection.


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 Broward pedestrian accident attorneys 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 Injury Attorney Blog – Pedestrian Accident

Pedestrian Accidents in Florida: Why So Many?

Florida is the #2 state in the U.S. for pedestrian fatalities – trailing only California (which has twice the population of Florida). If you take population into account, then Florida leads the country in fatal pedestrian accidents.

So why do we have so many pedestrian accidents in the Sunshine State?

  • Weather: With all the beautiful weather and beaches, there is no surprise the amount of walkers, runners, and bicyclists there are at all times enjoying the outdoors. There is a reason Florida is the home of 24 different marathons.
  • Tourists: Tourists and their unfamiliarity with the local roads could be another reason for the high number of pedestrian accidents in Florida. It is safe to say that driving around certain cities in Florida takes a unique set of skills – similar to how some would describe driving in New York. Someone visiting the more congested cities (Miami, Fort Lauderdale, Orlando, and Jacksonville) may not be accustomed to people not using turn signals or vehicles not yielding the right of way. This makes something as simple as crossing the street an incredibly dangerous situation.
  • Bad driving habits: It is not just tourists that can be in danger. The majority of pedestrian accidents involve locals who have fallen victim to drivers who were operating their vehicles carelessly. A driver could have been speeding, failed to yield at pedestrians on a crosswalk, disobeyed traffic signals, failed to use turn signals, disregarded bad road conditions, or driven while under the influence.
  • No cell phone laws for drivers: The majority of states have cell phone laws of some sort, except for Florida and Montana. Florida has no handheld ban law, school bus driver law, novice driver law, or text messaging bans. Even though there are schools that set rules for their bus drivers, there is no Florida state law to back it up. There are numerous campaigns urging drivers to not text, check email, or anything else while driving – all because they need to keep their eyes on the road. Many drivers who do check their smartphones while driving will keep the little attention they have on the road focused on other vehicles – not pedestrians.
  • It’s not just the drivers doing it: Pedestrians are also very guilty of paying more attention than they should on their smartphones and not enough attention to where they are walking. It could be people waiting at a bus stop. At a crosswalk, A pedestrian at a crosswalk may be looking at the walk/don’t walk signal, but as soon as it changes and the pedestrian starts to walk, they put their focus back on their phone and are no longer looking out for cars that may not yield or running the red light.

If you or a loved one has been hit by a car, bus, truck, or other vehicle, then you need to contact a law firm that understands these types of cases and what it takes to fight for the injured. Please contact the Fort Lauderdale pedestrian accident attorneys at MADALON LAW for a free consultation. We will gladly answer your questions and explain to you what options you may have.