We’d like to think we’re safe as we stroll down sidewalks or cross an intersection.
But according to the Florida Department of Highway Safety and Motor Vehicles, 576 pedestrians were killed and 7,975 were injured on Florida streets and highways, in one year alone.
If you or a loved one were the victim in a pedestrian accident, we have a whole team of experienced trial lawyers who are ready to fight aggressively to help you get the compensation you deserve.
And while some attorneys simply pursue the insurance company, our team works to ensure that you receive all the money you may be entitled to, including Social Security Disability.
Common Causes of Pedestrian Accidents
There are many different reasons for pedestrian accidents. An experienced pedestrian injury lawyer can help you make sense of your particular situation.
Some common causes of pedestrian accidents include:
Drivers and pedestrians under the influence
Drivers aren’t the only ones who need to be careful of their alcohol usage. Pedestrians under the influence of alcohol are more likely to sustain injuries. According to the Insurance Institute for Highway Safety (IIHS), in 2017, forty-four percent of pedestrians aged 16 or older in fatal accidents at night had blood alcohol concentrations of 0.08 percent or more. Twenty-four percent of pedestrians aged 16 or older in fatal accidents during the day had high blood alcohol concentrations. That’s nearly half of pedestrian deaths at night and a quarter of pedestrian deaths during the day that year.
According to the CDC, almost half (forty-eight percent) of all fatal pedestrian accidents involved alcohol: either the driver or the pedestrian.
Pedestrians not using marked crosswalks and intersections are more likely to sustain injuries than those that are. According to the National Highway Traffic Safety Administration, in 2016, seventy-two percent of pedestrian fatalities happened at non-intersections, compared to eighteen percent at intersections.
Drivers and pedestrians on their devices
While we all know that texting and driving isn’t safe, many of us don’t apply the same rules when we’re pedestrians. Walking while paying attention to an electronic device, including the use of headphones, can be especially dangerous. Pedestrians on their devices are less likely to be paying attention to the traffic around them. When headphones are on, it becomes even more challenging to hear noise from cars.
In 2017, seventy-two percent of all pedestrian deaths occurred between the hours of 6 p.m. and 6 a.m. It’s much more difficult for drivers to see at night. Pedestrians may be less careful if they feel there are fewer cars on the road. Both of these circumstances can lead to accidents.
Drivers failing to stop
Drivers who do not stop at stop signs or yield according to traffic laws may be more likely to hit pedestrians. Unstopping or unyielding drivers, coupled with pedestrian inattention, could have fatal consequences.
Drivers making left turns
Drivers making left turns can hit pedestrians if they are paying attention to their turn and not to the pedestrian who may be crossing the street at that time. Left turns are wider and, therefore, the driver might not see the pedestrian before it is too late.
Regardless of the cause of the accident, if you have an injury, you’ll need a good pedestrian accident lawyer on your side.
What is Comparative Negligence?
Florida is a state that follows comparative negligence (as opposed to contributory negligence). Comparative negligence means that even if you had some responsibility for the accident, you could still recover financially. In contributory negligence states, by contrast, if you were partially at fault, you would have no recovery.
Comparative negligence doesn’t mean that you can recover fully, however. Generally, the court needs to assess fault to assess the recovery. If you were 30% at fault, for example, you would only receive 70% of the damages.
How Comparative Negligence Might Apply to Your Case
Pedestrians can be at fault in many ways. Usually, it’s because they broke the law. As discussed above, if pedestrians don’t use proper intersections and marked paths, they are more likely to end up in an accident. Pedestrians may also be careless under the influence of alcohol or distracted by their devices.
If you sustained injuries because of a moving vehicle but may have been partially at fault, we can help. You need an experienced and knowledgeable pedestrian accident attorney in your corner. If you’re unsure about how at fault you were, we can discuss your situation during a free consultation.
We can help you assess the situation and figure out how comparative fault might apply to your case. We will also be available for any questions you may have.
Let Us Help With Your Pedestrian Accident Case
If you or a loved one have been injured in a pedestrian accident, it’s important to talk to an experienced pedestrian accident lawyer quickly. For a free consultation, please call (850) 444-HURT (4878). If you prefer, you may complete the requested information on our contact form, and a representative from our office will be in contact with you shortly.
In the meantime, feel free to check out our frequently asked questions.