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When the driver wasn’t paying attention
Florida is consistently regarded as the most dangerous state for pedestrians in the US. In fact, Florida ranked first in the number of deaths per year in of pedestrians hit by cars. Nine of the twenty deadliest cities nationally are in Florida with Orlando being ranked least safe and the Miami-Broward-Palm Beach Metro area being ranked 14th deadliest in a recent report. In the 10 year span between 2008-2017, there were 5,433 pedestrian deaths in Florida alone. These avoidable tragedies occur far too often. If you were involved in a pedestrian accident in Florida, you deserve the best. Speak with a Miami pedestrian accident attorney at Delgado Trial Attorneys.
A driver who strikes a pedestrian with his or her vehicle can be held liable for the pedestrian’s injuries and damages. This can include medical expenses, lost wages, pain and suffering, permanent disability, and even funeral expenses.
In fact, Florida is one of the most dangerous states for pedestrians in the country. Miami, Tampa, Orlando, and Jacksonville are some of the cities on a list of 20 in the country that are the deadliest for pedestrians, according to a study by Smart Growth America.
When drivers do not watch the road carefully, the results can be devastating for pedestrians. Examples and common causes of pedestrian-car accidents include:
Did you know your Florida personal or family auto insurance policy may afford you coverage if you were injured as a pedestrian? No, you did not read that wrong! You may still be entitled to your auto policy benefits if you were involved in a car vs. pedestrian collision in Florida.
In fact, there are multiple lines of policy coverage in Florida that provide coverage for people injured as pedestrians for both no-fault PIP benefits and liability coverage for Bodily Injury Coverage and Uninsured/Underinsured Motorists coverage.
Everyone who has ever been insured in Florida knows their insurance policy is usually a stack of seemingly, incomprehensible paperwork that “nobody reads anyways“. However, it is those very details which usually provide a lifeline to an injured insured allowing them to outmaneuver your insurance company’s adjuster that’s only focused on the company’s bottom line, not you or your health!
In Florida, if the pedestrian’s accident was a direct result of a driver’s negligence, the pedestrian can pursue compensation for his or her medical expenses, lost wages, and pain and suffering from the driver, either through his or her insurance coverage or through a legal claim. 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 a wrongful death. If the victim waits past this time, he or she could be barred from filing a lawsuit.
Many times, a pedestrian’s injuries can be handled through the pedestrian’s own uninsured motorist coverage. This coverage can be quite helpful if the driver does not have the necessary insurance coverage to pay for the pedestrian’s injuries. The pedestrian’s uninsured motorist coverage may also be able to pay for any expenses that are not otherwise covered by the driver’s insurance policy.
The State of Florida requires a minimum amount of personal injury protection (PIP) insurance coverage at $10,000, but most pedestrian injuries are significant and require more than this minimum amount. If you have been struck by a vehicle while on foot, resulting in a traumatic brain injury, this $10,000 will not cover the most basic of medical expenses. This gap is where the pedestrian’s uninsured motorist coverage would step in to help pay for the expenses not covered by basic PIP coverage. A personal injury attorney experienced in assisting pedestrian victims can help with the filing of the uninsured motorist claim after a Florida pedestrian accident.
There are times when a driver may not be the only cause of the accident. Cross walk locations and poor road design can also contribute to pedestrian accidents. Governmental agencies along with engineering firms have a duty to consider pedestrian safety when it comes to the design and maintenance of public crosswalks. If they fail to do so, and the crosswalk itself is deemed unsafe they can be held liable for injuries that result.
Florida law requires pedestrians to obey traffic signals and all traffic laws. Additionally, Florida Statute § 316.130(3) requires all pedestrians to use sidewalks whenever they are available.
Florida statute, § 316.130(7) requires all drives to stop for pedestrians who are walking in a crosswalk with a signal. The law also prohibits drivers from interfering with a pedestrian’s ability to safely cross the street using the crosswalk. In situations where there are no traffic signals, drivers must yield to pedestrians in the crosswalk.
The law requires drivers to use due care and caution at all times in order to avoid hitting pedestrians. Special care is required in certain areas where there are incapacitated persons present or children present. Even in areas where crosswalks are not marked, if pedestrians are known to be in this area frequently, Florida Statute § 316.130(15) calls for drivers to always use due care and caution.
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 difficult 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.
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