Pedestrian Accident Injury Resource: Who Should You Call?

The number of fatal pedestrian accidents has increased by more than 35 percent over the last 10 years despite a decline in traffic accidents. According to Smart Growth America's Dangerous by Design report, eight of the Top 10 most dangerous metro areas for pedestrians are located in Florida. No. 8 on the list is Cape Coral-Fort Myers. There were nearly 50,000 pedestrians killed in the state between 2008 and 2017. More than 5,400 of those pedestrians died in Florida. Many others suffered serious injuries.

The process of filing a Florida pedestrian accident claim differs from that of filing a car accident claim. It is because pedestrians often suffer the most severe injuries, no matter who is at fault in a pedestrian accident. As a result, the stakes are high in such cases. When you've been injured, seek medical attention by calling 1-888-DOCS4PI for an evaluation. We are the best pedestrian accident injury resource in Florida. When it comes to legal matters, our doctors have worked with some of the best attorneys in their regions. If you need legal representation, inquire with your doctor during your evaluation. In this article we'll discuss the following regarding pedestrian accidents:

• Who is Considered a Pedestrian
• Common Types of Pedestrian Accidents
• Types of Pedestrian Injuries
• Florida Laws for Pedestrians
• Can a Pedestrian be Blamed for an Accident?

Who Is Considered A Pedestrian?

A pedestrian is anyone who is on foot. The term includes individuals using roller skates or wheelchairs, but not bicyclists. It is expected that pedestrians use sidewalks wherever they are available. Pedestrians may walk on the road if there is no sidewalk, but they have to face traffic to reduce the risk of an accident. In a marked crosswalk, pedestrians have the right of way, but at any other point, they must yield to all vehicles.

In the event of a pedestrian light, pedestrians should cross the street only when the signal is illuminated. It is against the law to stand in the road to wave at a friend, reserve a parking spot, or call a cab. It is best for pedestrians to stay by the side of the road.

Common Types Of Pedestrian Accidents

A pedestrian is more likely to suffer a serious or fatal injury if a vehicle is traveling at a high speed. In contrast, depending on how a pedestrian's head strikes the pavement after a fall, even an eight-mph crash can result in immediate death. All car, truck, and motorcycle accidents involving pedestrians are dangerous, but the most frequent pedestrian accidents involve:

• Dart-out accidents: When the pedestrian suddenly darts out onto the road, and the driver is unable to react in time. Nevertheless, the pedestrian may not be at fault for this - for example, if he/she was in the crosswalk but the other driver's view was obscured by a stopped vehicle, making it seem as if she darted out onto the road.
• Intersection accidents: These accidents occur when a pedestrian is trying to cross an intersection in such a hurry that the crossing is mistimed and the driver is not given enough time to react.
• Passing accidents: A result of a negligent driver not seeing pedestrians due to a bus or other vehicle stopping so pedestrians can cross. When the negligent driver attempts to pass the stopped vehicle, they may strike a pedestrian.
• Vehicle turns and merges accidents: These incidents often happen when the driver is trying to make a turn or merge into traffic. When drivers look both ways, they don't see pedestrians until they start turning or merging.
• Vendor accidents: Usually occur when children chase ice cream trucks or when people wait around food trucks on neighborhood streets.
• Back-up accidents: An accident that occurs when a driver accidentally hits a pedestrian while backing up in a parking lot without first looking behind the car.

Types Of Pedestrian Injuries

Car accidents involving pedestrians can result in serious injuries. Because the victim is not wearing protective armor, severe injuries are inevitable. When the car is moving forward, its momentum is transmitted to the pedestrian, causing him or her to be thrown several feet or yards. In the event of a pedestrian hitting the ground, he or she may sustain a head injury, a broken bone, or a laceration.

The most serious injuries include:

• Brain injuries
• Spinal injuries
• Fractures
• Lacerations
• Paralysis
• Loss of limbs

Florida Laws For Pedestrians

In addition to motorists having the obligation to watch the road carefully and avoid causing accidents, pedestrians are also responsible for staying alert while walking. The pedestrian may be held partly responsible for their injuries if they cross the road improperly or otherwise walk on the road.

Pedestrians in Florida are subject to a few different laws. Among them is Florida Statute §316.130. It states:

• Unless otherwise directed by a police officer, pedestrians must obey all traffic control devices
• Pedestrians must use a sidewalk if there is one available. If there is no shoulder, pedestrians should walk on the left side of the road.
• Drivers must wait for pedestrians to cross the road before proceeding if a crosswalk is present
• Pedestrians must wait until the traffic is clear before crossing the road if there is no crosswalk. If there's a car so close that they can't stop in time, they can't step into the road
• Crossing an intersection diagonally is not allowed unless traffic control devices allow it
• The fine for violating this statute is $15
• This statute covers much more, but those are the most important points. Note that Florida does not have a "jaywalking" law. You must yield to traffic unless you are at a crosswalk.

It is important to wait and make sure traffic is going to stop for you even if you are at a crosswalk and have a "walk" signal. You could face severe injuries if you get into a collision with a vehicle.

Can A Pedestrian Be Blamed For An Accident?

In Florida, the majority of pedestrian accidents are caused by drivers, but pedestrians may also bear some responsibility, at least partially. As an example, if you decide to cross the road at night in an area without a crosswalk and a car approaches without its headlights on and hits you, both you and the driver might be held liable. Florida follows the comparative negligence rule. Although you may be at fault for your injuries, you would still be able to receive compensation. However, the amount of compensation received will be diminished based on your fault.

Take the example of crossing the road at night above. In Florida, if you're not at a crosswalk, you must wait for traffic to clear before crossing the road. It's late at night, and you can't see or hear a car coming. The car's lights aren't working, and you can't hear it coming. You suffer a broken leg, brain damage, and a punctured lung after being struck by the car. Your injury case is awarded $100,000. However, since you crossed the road improperly, you are found 10 percent at fault for the accident. Therefore, you would only receive $90,000.

Drunk Driving And Pedestrian Accidents

A large number of pedestrian-vehicle accidents result from alcohol use by either the driver or pedestrian, in addition to distracted driving. Due to the impairment, it causes to the driver, drunk driving is a common cause of pedestrian accidents. The consumption of alcohol reduces reaction times, lowers perception, impairs judgment, and reduces motor function.

It is also possible for pedestrians to suffer these effects when they cross streets while intoxicated, which can also contribute to an accident involving a pedestrian. When a pedestrian accident involves an inebriated pedestrian, the injured can still seek compensation. A pedestrian accident claim can still be filed for compensation by those who contributed negligence to the accident.

Nighttime pedestrian accidents tend to occur in urban areas, not at intersections. Consequently, many pedestrian accidents occur because there are not enough traffic control devices and crosswalks for pedestrians attempting to cross certain roads. If you have been injured in one of these situations, you may have a claim against the municipality or state for negligent engineering.

Call A Pedestrian Accident Lawyer

In the aftermath of a collision, your insurance company may contact you with a settlement offer. In some cases, the offer may be far below what you deserve or need. You do not have to accept this offer, even if it seems it's the best offer you will get. As soon as you accept, you cannot seek more compensation. Before accepting an insurance company's offer, speak with a Florida pedestrian accident lawyer.

If you've been injured in a Florida pedestrian accident you can call #1-888-DOCS4PI to get evaluated and get started on your recovery. In the event that you need legal representation, our doctors work with some of the best pedestrian accident attorneys in their regions and are the most competent in their specialty.