The month of October marks National Pedestrian Safety Month. Pedestrian safety is important every day, especially in Florida.  Our state is listed as one of the most dangerous when it comes to pedestrian injuries and fatalities. The Miami-Broward-Palm Beach metro areas have been ranked in the top 20 for deadliest cities for pedestrians. Pedestrian injuries can result from distracted driving, hit-and-runs, and drunk driving accidents. These accidents come with serious, life-changing, or even fatal injuries for the victims involved.

According to a study from the National Highway Traffic Safety Administration (NHTSA), 6,516 pedestrians lost their lives nationwide in 2020, and an estimated 55,000 were injured in pedestrian accidents. Additionally, according to the NHTSA, a pedestrian was killed every 81 minutes in traffic accidents in 2020. It is for this reason that the NHTSA has asked that October be declared National Pedestrian Safety Month.

We, at Delgado Trial Attorneys, take pedestrian safety seriously and believe the following tips can help reduce the number of pedestrian injuries and fatalities.

Safety Tips for Drivers

1. Look Out for Pedestrians. As a driver, you have a responsibility to be aware of your surroundings at all times, including being aware of pedestrians near or on the road. Always keep an eye out for pedestrians. Assume that they do not or will not follow the rules of the road and be on the defense as much as possible.
2. Exercise More Caution at Night or in Bad Weather. It can be harder to drive in general at nighttime or during severe weather, which is why you should exercise even more extra caution when driving in these more dangerous conditions. There is a reason so many pedestrian accidents happen during the nighttime. Slow your speed and be aware of everything around you.
3. Be Careful Around Crosswalks. When approaching crosswalks, make sure you slow down and are prepared to stop when entering a crosswalk or when turning at an intersection, especially one where pedestrians commonly cross.
4. Yield to Pedestrians. Make sure you yield to pedestrians who are entering crosswalks. When stopping at a crosswalk, make sure you stop your vehicle far enough from the crosswalk not only to allow pedestrians to cross but to also give other vehicles the ability to see the pedestrians entering the crosswalk.
5. Do Not Pass Vehicles at Crosswalks. Never pass a car stopped at a crosswalk. Your inability to see what is in front of the stopped vehicle could mean that people are crossing at the crosswalk where you cannot see them. Passing the car could end up with fatal consequences.
6. Do Not Drink and Drive. This tip should be obvious one, but you should never operate a vehicle under the influence of alcohol and/or drugs.
7. Drive at the Speed Limit. By speeding, you are impairing your ability to safely stop when needed. Make sure you follow all posted speed limits, especially when driving around people on the streets. When driving in school zones or in neighborhoods, make sure you drive at the slower speed limit posted and be aware of your surroundings. In these two areas specifically, you should expect more pedestrians than you would on your average street.
8. Use Caution When Backing Up. If you are leaving your driveway or backing out of a parking spot, use extra caution to ensure that no one is behind you. The invention of back-up cameras has made this easier, but you should not rely entirely on technology to save you. Make sure you personally check behind you before backing up.

Safety Tips for Pedestrians

1. Obey the Rules of the Road. If you are a pedestrian on a public road, you should follow all rules of the road and follow all signs and traffic signals. If you are entering a crosswalk with a signal, do not cross the intersection until the signal directs you to do so.
2. Use Sidewalks When Available. If sidewalks are available, walk on them. These sidewalks are provided for your safety.
3. Safety When No Sidewalk Is Available. If no sidewalk is available, make sure you are walking as far to the side as is safely possible. A good rule of thumb is to walk against the flow of traffic, which means walk in the direction traffic is coming. By being able to see the car approach, you can jump aside if necessary. If you are walking with your back to traffic, you limit your ability to see what is coming your way.
4. Cross Streets at Crosswalks or Intersections. When possible, do not cross a street randomly. If you are near a crosswalk or an intersection, make sure you cross at these locations. When crossing, make sure you cross when the signal directs you to cross, and be aware of cars coming in all directions, especially those turning left or right.
5. Cross at a Well-Lit Area. If you are crossing an intersection at night, make sure you cross in an area that is well-lit, giving you the best view of traffic but also allowing for others to see you. Make sure to wait until there is a break in traffic to allow for enough time to cross safely.
6. Be Cautious Around Driveways, Parking Lots and Parking Garages. If you are walking by a driveway or parking structure, make sure to be aware of all traffic around you. In larger cities with parking garages, pedestrian accidents often happen with pedestrians crossing near an exit from the structure when either the pedestrian or driver are not paying attention to their surroundings.
7. Wear Reflective or Bright Colors at Night. If you are walking at nighttime or early in the morning, make sure you are wearing clothes that are bright or reflective enough that drivers approaching you can see. Stay away from dark or muted colors or anything that could camouflage you from others around you.
8. Avoid Using Drugs or Alcohol. Just like drugs and alcohol can impair your abilities and judgment when behind the wheel, they can do the same when walking or riding a bike. If you are out walking or riding your bike, be aware of your surroundings and avoid using alcohol or drugs.

Pedestrian Safety and Children

Drivers need to be extra cautious when driving near schools or in neighborhoods or other places where children are known to be. Children do not always know traffic rules and it should never be assumed that they will stop and look before crossing or will look both ways before crossing the street.

Distracted Walking

Anyone with a cell phone is at risk of distracted walking. Phone use can cause a pedestrian to lose focus on their surroundings and be unaware of the vehicles around them. The best solution for this is simple: stop using your phone while walking.

Negligent Driving Involving Pedestrians

A driver who strikes a pedestrian with his or her vehicle can be held liable for the pedestrian’s damages in a negligence case. The driver could end up paying for the injured pedestrian’s medical expenses, lost wages, pain and suffering, permanent disability, or even funeral expenses, if the pedestrian dies in the accident.

Florida’s statute of limitations gives the injured pedestrian four years from the date of the injury to bring a claim or two years in the event of wrongful death. If the victim waits past this time, he or she could be barred from pursuing a claim.

Comparative Negligence

Florida operates under the rule of pure comparative negligence. Comparative negligence is used to reduce a person’s liability for another individual’s injuries if someone else, including the injured party, played a part in the reason the person was hurt. Under general comparative negligence, the amount the defendant in a personal injury case must pay to compensate the victim for his or her injuries is reduced by the percentage of fault the injured party played in causing the accident.

Under pure comparative negligence, the defendant will be ordered to pay damages even if he or she is found to only be ten percent or less responsible for the accident. Normally comparative negligence cuts off recovery for injuries if the injured party is found to be 50 or more percent to blame for the accident. But in Florida, if the pedestrian is the main cause for the accident, he or she will be allowed to receive compensation for injuries no matter how big of a part he or she played in the cause of the accident.

Pedestrian safety is a shared responsibility. It is up to both pedestrians and drivers to keep everyone safe on the road. By driving at the posted speed limit and being aware of your surroundings, drivers will be able to safely operate their vehicles around pedestrians, but pedestrians will also need to be aware of their surroundings, as well, and use caution when crossing streets, while either at an intersection or crosswalk, or crossing the road at any location.

Hiring Experience Matters in Florida Pedestrian Accident Cases

After a crash, injured pedestrians need to be able to recover full compensation for their damages. Unfortunately, insurance companies do not make the claims process so easy. It is important that you hire an attorney experienced in handling Florida pedestrian accident cases in order to successfully recover damages.

At Delgado Trial Attorneys, we provide free legal consultations, giving you a comprehensive overview when it comes to recovering damages in your case. Counseling clients through their most challenging times is at the core of our legal practice. We make sure our clients understand the process to eliminate unnecessary stress and anxiety. This is especially true for first time accident victims unfamiliar with the adversarial nature of filing a claim. We believe in ensuring our clients understand exactly what lies ahead, providing them the peace of mind they need for recovery and treatment while we fight for their rights. Call us today at (305) 596-7911 and speak with an experienced Miami pedestrian accident attorney for a free consultation. Virtual sign-ups available.

SOURCES:

https://www.nhtsa.gov/road-safety/pedestrian-safety

U.S. Department of Transportation Marks the Start of National Pedestrian Safety Month, Stresses the Need to Protect Vulnerable Road Users | US Department of Transportation