Law Offices of Nooney Roberts Hewett & Nowicki :

PEDESTRIAN ACCIDENTS IN FLORIDA

If drivers aren't paying attention, crosswalks might be dangerous to your health. If, on the other hand, you are a cautious driver and a jaywalker rushes into traffic, your life might be turned upside down in an instant. Have you been struck by a distracted driver? Learn more below and contact a Florida lawyer right now.

Nobody expects to walk down the street and be hit by a car, but it happens all the time. Pedestrian accidents are more common in Florida at night (when visibility is an issue) and in cities than in rural regions. 

In cities, however, pedestrian accidents are more likely to occur on sidewalks, in crosswalks, or on the side of the road, rather than at junctions, as one might expect. These injuries have the potential to be life-threatening or even lethal. 

In a negligence lawsuit, the driver might be held accountable for damages, which could include:

  • Health-care costs 
  • Expenses for the pedestrian's funeral if he or she dies. 
  • Wages that have been lost 
  • Pain and suffering
  • Disfigurement or permanent disability 
  • Companionship loss 

The injured plaintiff has four years from the date of the accident to file a personal injury lawsuit (two years for wrongful death). Let's take a closer look at the pedestrian legislation in Florida.

Florida Right-of-Way Laws

Pedestrian rules in the state require pedestrians to follow any official traffic control device unless ordered differently by a police officer. Traffic signs, signals, and pavement striping are examples of devices. 

Pedestrians should also avoid using the street if a sidewalk is easily available. They should utilize the shoulder on the left side of the road facing traffic if sidewalks are not available or are under construction. 

Pedestrians should be aware of the following when crossing the street:

  • Traffic lights are in effect
  • They are not permitted to leave the curb until the traffic light indicates that it is safe to do so
  • Not permitted to yield to vehicles with the right-of-way
  • To stay on the right-hand side of crosswalks
  • Except at a marked crosswalk, to cross the road at a right angle or by the shortest route
  • Only permitted to cross a roadway intersection diagonally if an official traffic control device authorizes it
  • Only allowed to cross between two adjacent crossings when in a marked crosswalk

There are a few additional regulations, but they're all quite specific ("no pedestrian may jump or dive from a publicly owned bridge," for instance, and no person shall hitchhike on a public Florida street).

Why Do Pedestrian Accidents Occur? 

When new drivers finish their Driver's Education training, they are typically focused on the automobiles and fail to consider pedestrians and the many pedestrian rules in place to protect them. "Don't Hit That Person" is the most important lesson in Driver's Ed. 

The passing of time may lead them to forget about the rules while driving or driving recklessly. The following are some of the most prevalent causes of these accidents: 

  • Traffic, poor weather, or crowds create delays
  • In a crosswalk, yielding to a pedestrian but failing to halt in time 
  • At stop signs, failing to come to a complete halt 
  • Drunk driving is a dangerous combination
  • Failure to keep vehicle control

Pedestrian Injuries Come in Many Forms

When an automobile collides with a pedestrian, serious injuries can occur. Consider this: a massive piece of steel collides with a little individual, who is generally not completely dressed after playing goalkeeper during soccer practice. In comparison, it's incredible that anybody can survive. 

Because the victim isn't wearing protective gear, severe injuries are common. The car's forward momentum is subsequently transferred to the walker, causing him or her to be flung many feet or yards. Head injuries, fractured bones, and lacerations are all possible when a pedestrian collides with the ground.

Some of the worst pedestrian injuries are brain injuries, spinal injuries, fractures, lacerations, loss of limbs, and paralysis.

Fault and Liability in Florida 

What happens if an accident is caused by both a pedestrian and a driver? Let's imagine someone darted into traffic at a location that wasn't designated for pedestrians and there wasn't even a walking light. The motorist was unable to come to a complete stop in time. So, what do you do now? 

In Florida, the pure comparative negligence standard applies, which means that even if a person is 99 percent to blame for an accident, he or she can still recover that 1% of damages. A jury would examine the scenario and, depending on the facts of the case, assign blame to the two parties.

Call Nooney, Roberts, Hewett & Nowicki Today!

If you've been injured in a pedestrian accident in Florida, it's worth your time to talk with an experienced personal injury lawyer. Our attorneys at Nooney, Roberts, Hewett and Nowicki have decades of combined legal experience that apply to your case. We'll make sure your legal rights to fair compensation are protected. These rights include being fairly compensated for injuries, pain and suffering, and more.

If you have been involved in a pedestrian accident, don’t wait another day! Contact us immediately for a free consultation and let one of our experienced pedestrian accident lawyers guide you through the legal process of maximizing your compensation. Call us at (904) 398-1992 or fill out a brief form to schedule a free initial consultation today with our experienced legal team!

1680 Emerson St
Jacksonville, FL 32207
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