Articles Posted in Pedestrian Accidents

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pedestrianWe have heard time and time again about the dangers of distracted driving, but what about distracted walking? With the increased use in cell phones, there has been a drastic rise in the number of distracted walking accidents. In fact, pedestrian-related accidents have become so common that there is a word for the phenomenon – pedextrians. If you have been injured in this type of accident, it is important to seek the help of a qualified Miami injury attorney who can assess the merits of your case.

Distracted walking refers to a situation when a pedestrian’s attention is somewhere other than his or her surroundings. These days, distracted walking often occurs when a pedestrian is so caught up in using their phone that they disregard the dangers around themselves and cause an accident. The American Academy of Orthopedic Surgeons (AAOS) conducted a study in 2015 and found that 78 percent of people involved in the study recognized distracted walking as a major concern. Beyond the hazards of slipping, tripping. and falling, being engrossed in one’s phone can also lead to serious accidents.

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pedestrianUnfortunately, pedestrians are injured and killed throughout the United States every year. According to the National Highway Traffic Safety Administration (NHTSA), approximately 4,735 pedestrians were killed in 2013, while an estimated 66,000 were injured. The state of Florida has a major issue when it comes to pedestrian accidents and has one of the highest pedestrian accident rates in the country. If you’ve been injured as a pedestrian, it its important to speak to a Miami injury attorney who can assess the merits of your case.

In Panzera v. O’Neal, a man was hit by a semi-truck while he was trying to cross a multi-lane interstate on foot in 2011. After the accident, the man’s estate filed a negligence claim against the truck driver and his employer.

The defendants responded by filing a motion for summary judgment. In a negligence claim, granting summary judgment is improper unless the defendant can show the complete absence of negligence or that the plaintiff’s negligence was the sole reason for his or her injury. As a result, the party seeking summary judgment has the burden of showing that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

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road3Insurance companies fight claims and resist paying out their clients all the time. Dealing with an insurance company can be stressful and cumbersome. In some cases, insurance companies engage in misconduct to get out of paying claims. Robert Dixon is a highly qualified Miami personal injury lawyer who knows that monetary sanctions are only important in cases where there has been official wrongdoing, such as fraud on the court. That is precisely what happened in GEICO v. Rodriguez.

In the case at hand, Florida’s District Court of Appeals held that an auto insurance company for an 83-year-old man who lied about his ability to drive in a deposition testimony after an accident was responsible to pay sanctions for those misrepresentations.

The elderly driver had extremely poor vision and was deemed legally blind by his physicians. The doctors had instructed the man not to drive. The man did not follow this advice. In fact, within one month after receiving a renewal of his auto insurance company, the man caused an accident that struck two pedestrians. The pedestrians sustained serious injuries. Continue reading →

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pedestrianThe sunny weather in Florida is conducive to lots of outdoor activities, such as rollerblading, bike riding, and walking through the cities. The last thing you want to worry about when you venture out for a brisk walk or a nice stroll is a car hitting you. Unfortunately, the reality is that pedestrians accidents happen frequently throughout Florida. In fact, a recent report published by the National Complete Streets Coalition and Smart Growth America highlights that Florida leads the nation when it comes to dangerous areas for pedestrians. Statistics indicate that 1,539 pedestrians have been killed in South Florida over the past 10 years.

Under Florida law, where sidewalks are provided, a pedestrian must not walk on the road but rather should always use the sidewalk. Where a sidewalk is not provided, a pedestrian can walk on the road but must be cautious. According to a Florida statute, pedestrians have the right of way on marked crosswalks, and they should move upon the right half of the crosswalk. Failure to adhere to these laws can result in a noncriminal traffic infraction, known as a pedestrian violation.

Even when pedestrians take all the right steps and precautions when crossing the street, they can still be injured due to the carelessness of vehicle drivers on the road. Drivers collide with pedestrians due to distracted driving, intoxicated driving, speeding, failing to yield, or simple inattentiveness that causes them not to realize the pedestrian is there. Pedestrian accidents can happen in a variety of ways, including head-on collisions with vehicles, roll-over crashes, and bicycle accidents. Continue reading →