Common Pedestrian Accidents in Florida

Accidents involving pedestrians in Florida are unfortunately all too common, and they can have devastating consequences. With Florida being a popular tourist destination and having a high population density, the risk of pedestrian accidents is heightened. Whether it’s a distracted driver failing to yield at a crosswalk, a speeding vehicle in a residential area, or a driver impaired by drugs or alcohol, these accidents have the potential to cause serious injuries or even fatalities.

If you or a loved one has been involved in a pedestrian accident, seek legal guidance to understand your rights and options. Contact a Florida skilled pedestrian attorney who can provide the experience needed to deal with the complex legal process and help you seek the compensation you deserve.

Common Causes of Pedestrian Accidents in Florida

Florida’s busy streets, bustling tourism, and heavy pedestrian traffic make it one of the most dangerous states for pedestrian accidents. Understanding the common causes of these accidents can help injured parties understand and determine who might be liable for their injuries and damages.

Distracted Driving

One of the primary causes of pedestrian accidents in Florida is distracted driving. Drivers who text, eat, adjust their GPS, or talk on the phone may fail to see pedestrians crossing the road. Florida’s high number of tourists and out-of-state drivers also increases the risk of distracted driving incidents.

Speeding and Reckless Driving

Speeding drivers have less time to react to pedestrians crossing the road, making accidents more likely. Aggressive driving behaviors such as running red lights or making sudden lane changes can pose a significant risk to pedestrians.

Failure to Yield at Crosswalks

Florida law requires drivers to yield the right of way to pedestrians at designated crosswalks. However, many drivers fail to do so, leading to accidents. It’s important to understand the differences between marked and unmarked crosswalks, as both present unique dangers to pedestrians.

Left-Turn and Right-Turn Accidents

Left-turn accidents are common when drivers focus on oncoming traffic and fail to notice pedestrians crossing the street. Similarly, right-turning drivers may not check for pedestrians before proceeding at intersections. These types of accidents often result in serious injuries for pedestrians.

Drunk or Impaired Driving

Driving under the influence of alcohol or drugs significantly impairs a driver’s ability to react and increases the risk of pedestrian accidents. Unfortunately, Florida has a high rate of DUI-related crashes, many of which involve pedestrians.

Poor Visibility and Nighttime Accidents

Pedestrians are more challenging to see at night, in bad weather conditions, or in poorly lit areas. Drivers often fail to adjust their speed and awareness accordingly, leading to an increased risk of accidents.

Parking Lot and Backing-Up Accidents

Parking lots, school zones, and shopping centers are high-risk areas for pedestrian accidents. Drivers reversing out of parking spaces may not see pedestrians walking behind them, resulting in dangerous collisions.

Common Pedestrian Accident Injuries

Pedestrian accidents can result in a wide range of injuries, varying in severity. Understanding these injuries can help victims and their families seek the compensation they deserve.

Traumatic Brain Injuries (TBIs)

Pedestrians lack protection, making them highly vulnerable to head injuries in accidents. Traumatic brain injuries, such as concussions or skull fractures, are common and can have long-term cognitive impairments.

Spinal Cord Injuries (SCI)

High-impact accidents can cause severe spinal cord injuries, leading to paralysis, nerve damage, or chronic pain. These injuries often require lifelong medical care and rehabilitation.

Broken Bones and Fractures

Pedestrians involved in accidents may suffer from broken bones or fractures, especially in the legs, arms, ribs, or pelvis. Recovery from these injuries can be lengthy, sometimes requiring surgery or physical therapy.

Internal Injuries and Organ Damage

The force of a crash can cause internal injuries, such as internal bleeding, punctured lungs, or kidney damage. These types of injuries are life-threatening and often require emergency surgery.

Soft Tissue Injuries and Road Rash

Pedestrians may suffer from severe bruising, torn ligaments, or deep lacerations in accidents. Additionally, road rash and burns can occur when pedestrians are dragged or thrown onto the pavement.

Pedestrian accident victims must seek immediate medical attention to receive proper care and create a medical record to support a legal claim.

Legal Rights of Pedestrian Accident Victims in Florida

As a pedestrian accident victim in Florida, you have legal rights and options to seek compensation for your injuries and damages. Understanding these legal rights can help protect your interests and handle the complexities of the legal process.

Florida’s No-Fault Insurance Laws

Florida follows a no-fault insurance system, which means that pedestrians involved in accidents can file claims through their Personal Injury Protection (PIP) insurance. PIP insurance covers medical expenses and lost earnings but does not account for pain and suffering.

Filing a Claim Against the At-Fault Driver

If your injuries exceed Florida’s serious injury threshold, you may be eligible to file a claim against the at-fault driver. Your Florida pedestrian accident lawyer can gather evidence, such as traffic camera footage, police reports, and witness statements, which can help establish fault and strengthen your claim.

What If the Driver is Uninsured or Flees the Scene?

Unfortunately, hit-and-run pedestrian accidents are common in Florida. In these cases, victims may seek compensation through their uninsured/underinsured motorist (UM/UIM) coverage. This coverage can help protect you from uninsured or underinsured drivers.

Unfortunately, the legal process after a pedestrian accident can be overwhelming, especially when dealing with insurance adjusters. However, the good news is that a skilled Florida pedestrian accident attorney will lead your case and deal with all the complicated details on your behalf.

Common Defenses Insurance Companies Use to Deny Claims

When you file a pedestrian accident claim, you might expect the at-fault driver’s insurance company to fairly compensate you for your injuries, medical expenses, and lost earnings. However, insurance companies are in the business of minimizing payouts, and they often use tactics to deny or undervalue claims. The following are common insurance company defenses in pedestrian accident claims:

The Driver Could Not Have Avoided the Accident

One common defense is that the driver could not have reasonably prevented the accident. They may argue that:

• The pedestrian entered the road suddenly, giving the driver no time to react.
• Poor weather or road conditions (such as fog or heavy rain) made it impossible to see the pedestrian in time.
• The pedestrians were wearing dark clothing at night, making them difficult to spot.

While these factors may contribute to an accident, they do not absolve a driver of responsibility if they are speeding, distracted, or driving recklessly.

Lack of Evidence to Prove Negligence

Insurance companies often deny claims due to a lack of evidence. They may argue that:

• There are no traffic camera recordings or clear evidence proving their driver was at fault.
• There were no witnesses to support the pedestrian’s version of events.
• The pedestrian failed to file a police report or delayed reporting the accident.

This is why pedestrian accident victims must hire a Florida pedestrian accident lawyer who can gather as much evidence as possible, including photos, videos, witness statements, and a copy of the police report.

The Injuries Are Not As Severe As Claimed

Insurance companies frequently downplay the severity of injuries to justify a lower settlement. They may:

• Claim that pre-existing conditions were responsible for the injuries rather than the accident.
• Argue that the pedestrian is exaggerating pain and suffering to receive more compensation.
• Request independent medical examinations (IMEs) with doctors who often side with insurers.

To counter this, victims should seek medical attention immediately after an accident, follow their doctor’s treatment plan, and keep detailed medical records documenting their injuries and recovery.

The Pedestrian Delayed Seeking Medical Attention

If a pedestrian does not seek medical treatment right away, insurers may argue that:

• The injuries were not serious enough to warrant immediate care.
• The injuries were caused by something other than the accident.
• The victim’s failure to follow up with medical treatment shows they are not truly injured.

Delaying medical treatment gives insurers a reason to question the claim’s legitimacy. Even if symptoms do not appear right away, see a doctor as soon as possible to protect your legal rights.

The Pedestrian’s Insurance Should Cover the Damages

In no-fault states like Florida, insurers may try to shift responsibility by claiming the pedestrian’s own Personal Injury Protection (PIP) insurance should cover medical bills and lost earnings. While PIP does cover some expenses, it is often not enough to cover severe injuries, and victims may need to pursue additional compensation from the at-fault driver’s insurance.

Since insurance companies will use every possible tactic to deny or minimize claims, working with a Florida pedestrian accident attorney can make a significant difference in your case. If an insurance company is denying or undervaluing your pedestrian accident claim, don’t face them alone. Contact a Florida pedestrian accident attorney today to protect your rights and get the compensation you deserve.

Types of Compensation Available for Pedestrian Accident Victims

Pedestrian accident victims in Florida may be eligible for various types of compensation to help them recover from their injuries and damages. These compensatory damages can include:

Medical Expenses

Compensation for medical expenses can cover hospital stays, surgeries, rehabilitation, and future medical care associated with the accident.

Lost Earnings and Future Earnings

If your injuries prevent you from working, you may be entitled to compensation for lost earnings. This can include both past and future earnings.

Pain and Suffering

Pedestrian accident victims may be eligible for compensation for the physical and emotional pain, trauma, and reduced quality of life resulting from their injuries.

Property Damage

Pedestrians involved in accidents may also be entitled to reimbursement for damaged personal belongings, such as phones, clothing, and accessories.

Punitive Damages

In cases where a driver’s actions were particularly egregious, such as driving while intoxicated or recklessly, courts may award punitive damages to punish the offender.

Why You Should Hire a Florida Pedestrian Accident Attorney

Handling a pedestrian accident claim on your own can be overwhelming, especially when dealing with insurance companies. Hiring a Florida pedestrian accident attorney can provide numerous benefits and significantly improve the outcome of your case.

An attorney can:

• Investigate the accident and collect critical evidence to support your claim.
• Negotiate with insurance companies on your behalf to prevent lowball offers and ensure you receive fair compensation.
• Represent you in court if a fair settlement cannot be reached, providing skilled advocacy and protecting your interests.

Remember that most Florida pedestrian accident lawyers work on a contingency fee basis, meaning you only pay them if they win your case. This arrangement allows anyone to access quality legal representation regardless of financial situation.

Contact a Seasoned Pedestrian Accident Attorney Today

Pedestrian accidents in Florida can have serious and life-changing consequences. Victims must understand their rights and options for seeking compensation.

If you or a loved one has suffered an injury in a pedestrian accident in Florida, don’t wait—contact a seasoned Riverview pedestrian accident attorney today for a free consultation and learn how to protect your rights.

Your safety matters, and taking action is critical to preventing future pedestrian accidents.