Florida Injury Lawyer Blog

Pedestrian accidents are often fatal or cause serious bodily injury such as head injuries, spinal cord injuries, and serious internal injuries. One reason for this is because pedestrians simply do not stand much of a chance when faced with a car. Another reason for this is because a disproportionate number of people injured in pedestrian accidents are children and seniors, and these groups of people may sustain injuries more easily due to their size or bodily condition. While drivers have a responsibility to prevent car accidents, there are many things that pedestrians can do to stay safe:

1) Cross only at designated intersections and crosswalks. Many pedestrians are injured because they try to cross the street without using crosswalks. Cars may simply not expect to see you in an area without a crosswalk. If you must cross without an intersection, find a spot where cars can clearly see you, make eye contact with any drivers on the road and make sure that you have plenty of clearance to cross.

2) Walk on sidewalks and pedestrian bridges where possible. These areas are no-car zones and are therefore the safest places to walk. Sharing roadways with cars always places you in greater danger. If you need to walk somewhere where no sidewalks are provided or where sidewalks are unavailable due to weather or construction, walk facing traffic, on the left shoulder of the road.

3) When crossing streets at intersections, look left, right and left again to ensure that you have a safe way to cross. Even if you have right of way, not all cars will stop. Stopping at a crosswalk yourself shows drivers that you intend to stop as well, and allows them to let you pass. Also, make sure that you obey traffic signals.

4) Stay visible. Wear clothing that is easily visible to drivers for the weather conditions. If you are walking at night, make sure your clothes have reflective material or bring a flashlight. Also, make sure that drivers can see you. Stay out of blind spots and make eye contact with drivers before crossing a street.

5) Stay alert. Walking after drinking heavily can be dangerous. You can veer into the road or make mistakes when crossing the street. Even wearing headphones can prevent you from hearing horns and other warnings.

6) Don’t let children play on streets or near them. Children often can’t judge car distances and may not be able to understand safe pedestrian practices.

Pedestrian accidents claim the lives of many adults and children each year and result in devastating injuries such as spinal cord injuries, broken bones, and head injuries, to name just a few. Victims who have been hit by a car may often be confused and insurance companies are often quick to try to settle for a small sum very early on to prevent larger claims. Victims of pedestrian accidents may have these questions when making legal decisions:

1) Can a victim still make a claim when crossing without a crosswalk?

Answer: Yes. There are laws that govern pedestrian accidents such as these. Of course, if you were crossing a street without the help of signals or a crosswalk, an insurance provider may want to discredit your claims. If you have suffered an injury, you need to speak with a qualified attorney who can represent your case. A good attorney will be able to get you compensation for lost income and medical bills in this situation in many cases.

2) When should a victim accept a settlement?

Answer: It is important not to accept any settlement until any medical injuries have been examined by a qualified doctor and have been resolved and you have spoken with an attorney. If you are offered a settlement, it is tempting to accept the offer right away, but by doing so you may not get all the money you need to pay for medical bills, lost income, and other expenses. It can take weeks or even months to get a good sense of the extent of your injuries and therefore the costs you may incur from an accident.

If you accept a settlement before speaking with a qualified attorney, you will most likely not get all the money you are entitled to under the law. A good attorney can carefully consider your case and ensure that you have adequate compensation to cover all the complex costs associated with the accident. Keep in mind, too, that most insurance companies will automatically offer a very low settlement amount to anyone who is not represented. Speaking with an attorney costs nothing and at least ensures that you have all the legal information you need to make an informed decision about your settlement.

3) What sorts of damages should a settlement for a pedestrian accident cover?

Answer: The costs of a pedestrian accident can be immense for a victim, and a settlement is meant to cover some of these costs. A settlement can help a victim cover medical bills, lost income, lost benefits, lost future earning power, and rehabilitation costs. In addition, the settlement is meant to compensate for some of the pain and suffering the accident has caused.

4) What should a victim do if approached with a settlement by an insurance company?

Continue reading "Pedestrian Accident FAQs" »

Pedestrian accidents in Florida lead to many tragedies. Because cars and pedestrians are so unevenly matched, pedestrians struck by a vehicle often face significant injuries, such as broken bones, spinal cord injuries, brain injuries, disfigurement, and other injuries. In addition, pedestrians face a high risk of fatalities when struck by a car.

Unfortunately, in many cases, it is not a pedestrian’s fault that they have sustained injury. Some Florida motorists take significant risks when driving, and these risks can lead to car accidents. Motorists all over the country have a responsibility to drive safely to prevent car accidents and pedestrian accidents. Drivers can help prevent such accidents by:

1. Maintaining good visibility. Being able to see the road is crucial when driving. Wearing sunglasses during daylight driving hours can help cut glare. Keeping glasses and the windshield clean can also help improve visibility. Of course, if you need glasses, you should get regular check-ups and ensure that you have the latest prescription available so that your eyesight is 20/20.
2. Obeying the rules of the crosswalks. All corners have crosswalks – whether those crosswalks are indicated by painted lines or signs or whether those crosswalks are unmarked. When approaching any corner or crosswalk, exercise additional caution and be prepared to stop quickly. Keep in mind that pedestrians have the right of way in all crosswalks. This also applies to crosswalks which are not marked.

3. Watching out for parked cars. Parked cars mean pedestrians, since people will be walking to and from their parked vehicles. At the same time, though, parked cars mean reduced visibility for drivers, since parked cars can mean that pedestrians step out between parked cars, where they may be less visible.

4. Becoming sensitive to motion. Keep your eyes moving and stay alert. If you see any motion, even from the corner of your eye, always check to see what made the motion and get prepared for the unexpected.

5. Looking out for spaces that are shared by pedestrians and vehicles. When entering or leaving a driveway, for example, stay alert for pedestrians. Keep in mind that driveways may have pedestrians as well as cars, and you need to stay alert for both. Parking lots and loading areas or docks are similar.

Continue reading "Florida Drivers Have a Responsibility to Reduce Pedestrian Accidents" »

Unfortunately, many pedestrian accidents that leave pedestrians seriously injured, killed, facing brain injuries, spinal cord injuries, and other life-threatening ailments, are hit and run accidents. While some motorists stop to assist pedestrians who have been injured in a collision, many motorists who accidentally or intentionally hit a pedestrian leave the scene of the crime.

USA Today has reported that fatalities in hit and run accidents have increased 20% since 2000. The National Highway Traffic Safety Administration reports that 974 pedestrians were killed in hit and run accidents in 2005 alone. According to the AAA Foundation for pedestrians account for 60% of those killed in hit and run accidents. Between 1994 and 2003, 14,914 people were killed in hit and run accidents. Obviously, the statistics are sobering.

There are many ways a pedestrian can avoid collisions with motorists:

1) Even when at a crosswalk, look to your right and to your left twice before starting to cross the street. This allows you to look for turning vehicles, and vehicles who do not obey traffic signals.

2) Obey traffic signals. If you're on foot, and you feel that a car is still a long way off, it can be tempting to walk across a crosswalk on a red light. However, obeying traffic signals is important. Traffic signals are in place to keep you safe, and in some cases you may misjudge how close a car is or how quickly it is going. It is always better to be safe than sorry.

3) Stay alert and aware of cars as they come near you and pass you. Yes, cars and motorists are supposed to be aware of pedestrians and offer right-of-way. However, not all motorists obey the laws. Unfortunately, if a motorist is not obeying the laws and you are injured, the odds of you as a pedestrian being seriously injured are quite high, while it is very possible that the motorist will be uninjured. Just because you see a motorist, that does not mean that the driver sees you. Even if the driver sees you, that does not mean that he or she will give you the right-of-way or stop in time. Exercise caution.

4) Always walk on sidewalks or away from the roadway in areas where there are no sidewalks. Where possible, always remain on sidewalks or on areas that are designed specifically for pedestrians. If this is not possible, stay as far away from the vehicles area of the road as you can.

5) Wear visible clothes, especially when walking at night. Reflective clothing at night is a good idea, since it allows motorists to see you.

Statistics show that children are at greatest risk of becoming involved in pedestrian accidents involving a motor vehicle. Boys between five and nine years of age are especially vulnerable. Pedestrian accidents are the leading cause of injuries to minors and children, and most of these accidents take place close to children's homes.

There are number of reasons why Florida pedestrian accidents involving children are so common. One of the leading reasons is because children do not always have a great sense of danger and cannot always appreciate the danger of running out into the street. Many children also have difficulty determining how fast a car is coming, and therefore have a hard time estimating when it is safe to cross a road or street. Some children, especially younger children, may run into the street without checking to see whether cars are coming, out of impulse.

Children who are old enough to cross the street alone should be taught a number of safety rules. The safety rules include:

1) Finding the right routes. Teach your child to select routes that offer the fewest streets to cross. Also, teach your child to select routes that involve very few high-speed or busy streets.

2) Wearing the right clothes. Wearing bright clothing in the daytime and reflectors at night can keep your child safe by making your child more visible to drivers. Dark colors can blend in with a dark night and can make your child harder to spot.

3) Careful crossings. Teach your child to always look both ways for motor vehicles before crossing a street. Also, practice so that your child does not cross behind or within 10 feet of a large motor vehicle, truck, or bus. Explain to a child that the driver cannot see within 10 feet of their vehicle. Teach your child to look for parked vehicles that may be ready to pull forward. It is best to practice by taking walks together and by letting your child lead the way across streets. You can then evaluate how aware and how cautious your child is.

4) Obeying regulations. Teach your child to always cross on green lights at traffic signals, and teach your child to always check for motor vehicles, even when they have the right of way. Explain that drivers do not always obey the rules, and make sure that your child understands the necessity of always obeying traffic signs and signals.

Children, teachers, and communities will be taking part in International Walk to School Month, which is in October. The aim of International Walk to School Month is to promote walking to school, which can be a good way for children to get exercise. This is especially important today, when obesity rates among school-aged children are so high. The other aim of International Walk to School Month is to promote safe and healthy routes to school.

Organizers of International Walk to School Month point out that children who walk to school year-round are at greater risk of being affected by pedestrian accidents and injuries, and organizers hope to reduce these personal injuries while helping to promote healthy activity for children. According to organizers of International Walk to School Month, there are several things that parents and communities can do to promote safer routes to school:

1) Promote good road safety. According to NHTSA, there are several reasons why children are more at risk for pedestrian accidents. One problem is that since children are smaller, they're more difficult for drivers to see. Children who stand between parked cars are especially difficult for drivers to spot. Plus, younger children will often misjudge vehicle speeds and distances across the street, which can mean that they step out into dangerous situations. Parents can help their children by helping them understand how to cross streets safely. Children should be taught at an early age to always use sidewalks, and always wait until cars come to complete stop before crossing the road.

2) Encourage the buddy system. Younger children, especially, will often benefit by walking to school with older children. This will help ensure road safety, as well as safety from possible strangers. Parents may also want to walk younger children to school, so that they can teach them about traffic safety along the walk. According to the NHTSA, many parents assume that their children know how to cross the street and read traffic signals, even when this is not true. Parents should make an effort to teach children traffic signals and basic traffic safety rules.

3) Avoid having children walking in the evening. Poor lighting can encourage pedestrian accidents. Children, especially younger children, should always be encouraged to walk only in the daylight.

4) Make children visible. Brightly colored clothes can help drivers spot younger children. When selecting clothing to wear to school, it is also important that parents make sure that hats, scarves, and other clothing items do not block or impede children's visibility. Make sure that your child can see clearly. This allows the child to spot cars and other potential dangers on the road.

The Florida Department of Transportation is responsible for the Florida Pedestrian and Bicycle Program, which has a dedicated staff, many resources, and educational materials to help prevent Florida pedestrian accidents. The Florida Pedestrian and Bicycle Program makes educational brochures available and also runs the Florida School Crossing Guard Program and the Florida Traffic Safety Education Program.

The Florida Pedestrian and Bicycle Program is designed to help pedestrians (which in Florida are defined as anyone “afoot, in a wheelchair, on skates, or on a skateboard” enjoy safe and pleasant walking. The program also aims to assist bicyclists enjoy safe and convenient tours and bike trips. The program aims to reduce pedestrian accidents and automobile accidents involving bicyclists.

One of the most interesting programs run by the Florida Pedestrian and Bicycle Program is the Safe Ways to School program. According to a study conducted by the Florida Department of Transportation, only one out of six Florida children take a bike or walk to school. Five out of six Florida children get to school by bus or by private motor vehicle. This can actually create unsafe walking conditions, as it creates traffic congestion around schools and increases overall traffic.

The Florida Department of Transportation in conjunction with the Florida Pedestrian and Bicycle Program have launched the Safe Ways to School program to encourage walking to school. As the organizations point out, walking to school encourages exercise, which is essential at a time when childhood cardiovascular disease and obesity are at all-time high. Safe Ways to School is modeled on the Melville, Australia program "Safe School Routes,” which won a number of awards. Safe School Routes created solutions to traffic congestion and launched school initiatives such as safe houses and bus solutions to encourage safe spaces where children could walk to school.

The Florida Department of Transportation Safe Ways to School similarly uses traffic congestion and other incentives to encourage walking and to make walking to school safer. The Safe Ways to School focuses on infrastructure and non-infrastructure solutions. For example, the program aims to improve sidewalks, add signs, and reduce traffic in school areas. The program also focuses on non-infrastructure solutions such as enforcement of pedestrian and automobile legislation. The program has a school kit available for educators who wish to know more about the program.

Many parents want their children to walk to school or to get the exercise needed to stay healthy. However, fears of pedestrian accidents and other dangers propel many parents to drive their children almost everywhere. This may not only encourage obesity, but may cause children to become overly dependent on cars. The Florida Department of Transportation hopes to change all this in the near future.

A Center for Urban Transportation Research (CUTR) report released about the government gives some insight into Florida’s fatal pedestrian accidents – and offers some tools for reducing the accident rates. According to the report and according to findings reported by The National Highway Traffic Safety Administration (NHTSA), 28,970 fatal pedestrian accidents and 465,000 pedestrian injuries took place in the United States between 1990 and 1994. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) reports that roughly 9% of total US pedestrian accidents and pedestrian injuries occur in Florida. Pedestrian fatalities in Florida account for about 20% of car accident fatalities and 14% of traffic accident injuries.

The CUTR report finds that pedestrians and motorists do certain things to cause many pedestrian accidents, and this suggests that many of these accidents are preventable. According to the report, crash location and age of pedestrians affect fatalities. In Florida, the youngest and oldest walkers are most likely to be involved in pedestrian accidents. Pedestrians between 65 and 74 years of age are most likely to be killed in pedestrian accidents. Pedestrians moving along the roadway with traffic, and pedestrians who are crossing a roadway far from the intersection are most likely to be involved in an accident.

The CUTR report suggests that education of motorists and pedestrians can be a useful way to reduce accidents. Enforcement of laws against reckless driving can also help curb some of the behaviours that lead to pedestrian accidents, according to the report. The report also finds that increasing “WALK” signal times, and limiting vehicle turning movements can also help reduce the personal injuries and fatalities caused by pedestrian crashes.

The report does not suggest that motorists are not responsible for pedestrian accidents. CUTR finds that motorists who speed, drive carelessly, run stop signs and stop lights, and who refuse to yield the right-of-way dramatically increase pedestrian accident rates. Poor driving does increase the odds of pedestrian accidents and also increases the odds that those accidents will be fatal.