The 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.
If you’ve been injured in a pedestrian accident, you can take legal action against the at-fault party by filing a negligence lawsuit. Negligence is the failure to exercise reasonable care in one’s actions or omissions. In order to establish negligence, a plaintiff must show the following elements: 1) the driver owed the pedestrian a duty to exercise reasonable care while driving, such as by observing traffic laws and being attentive to pedestrians; 2) the driver breached the duty of care owed to the pedestrian; 3) the driver’s violation of the duty of care led to an accident involving the pedestrian; and 4) the pedestrian suffered damages as a result, such as bodily injury, property damage, emotional distress, or other types of harm.
Pedestrian accidents can have devastating consequences, such as traumatic brain injury, severe soft tissue injury, broken bones, broken ribs, spinal cord injuries, severe fractures, and more. Depending on the nature and extent of your injuries, you can seek compensation for medical bills, lost income and benefits, pain and suffering, rehabilitation costs and any other costs arising from the accident.
If you or a loved one has been injured in a pedestrian accident, and you need information about your legal rights and options, we can help. At the Law Offices of Robert Dixon, the seasoned and highly reputable South Florida personal injury lawyer Robert Dixon can help assess your situation and provide you with the representation you need. We work closely with each client and fight aggressively to pursue the compensation they deserve. To learn more, contact us online or call us today at 1-877-499-HURT (4878) for a free case evaluation.
More Blog Posts:
Understanding the Basics of “Catastrophic Injuries” Under Florida Law, South Florida Injury Lawyer Blawg, July 7, 2014
Understanding the Pure Comparative Negligence Law in Florida, South Florida Injury Lawyer Blawg, June 23, 2014
Liability in Rental Car Accidents in Florida – Adams v. Bell Partners, South Florida Injury Lawyer Blawg, June 23, 2014