With Florida being a state known for its dangerous roadways, pedestrian accidents in Miami are quite common. This is especially true in metropolitan regions, such as South Florida, where people such as senior citizens and snowbirds are incredibly common.
Motorists are expected by Florida law to exercise extra caution while pedestrians are present to avoid colliding with them. Pedestrians, on the other hand, have a legal obligation to exercise caution while crossing the street or walking on Florida's roads.
If a pedestrian is involved in a collision, it is a common misconception that the driver is still held criminally responsible. Under Florida statute, a driver will be considered entirely or partly responsible for triggering an accident if he or she does not exercise caution while crossing the street or crosses an intersection against a signal. Then again, if a motorist fails to obey Florida law and causes an injury to a pedestrian in an accident, the motorist can be found responsible for any injury the pedestrian sustains as a result of the accident.
Should a pedestrian sustain an injury, there are a series of actions that must be taken to recover money. Regrettably, according to Florida's "no-fault" insurance rule, pedestrians would not be able to sue the person that caused the accident right away.
Although the majority of pedestrian injuries in Florida are caused by the negligence of the driver, the pedestrian can also be partly to blame. For example, if a pedestrian crosses the road at night in an environment without a crosswalk and is struck by a hybrid vehicle that does not have its headlights on, both the pedestrian and the driver can be considered partly responsible.
Florida's legal system is based on comparative incompetence. And if the pedestrian is at fault for their injury, the possibility of compensation is available. The amount of money earned, however, can be reduced by the amount of blame.
Let's take the previous case of crossing the street during the evening hours. If the pedestrian is not crossing the street at a crosswalk, Florida law requires they wait until traffic is clear before crossing. But it's late at night, and there doesn't seem to be a vehicle approaching because the car's lights are off, and because it's a hybrid, it's hard to hear the vehicle approaching.
As the pedestrian is hit by the driver, they sustain a fractured leg, severe head injuries, and injury to a lung. The jury decides on a settlement of $100,000 for the injuries. The pedestrian, on the other hand, is considered 10% at fault for the crash when they crossed the road incorrectly. As a result, they could only get about $90,000.
Pedestrians have a great capacity to avoid being struck by automobiles, as it is very rare for collisions to occur outside of the roadway. Whenever pedestrians exercise caution before entering a road, the chances of being struck by an automobile are very low. The Law Offices of Mark Eiglarsh understands when a pedestrian is in a situation where he or she cannot exercise due diligence due to numerous reasons such as when a child darts into a busy roadway. Even though a pedestrian must show due diligence in exercising causation before entering a road, a driver must show the same due diligence in paying attention to pedestrians. Common driver errors or misconduct which contribute to pedestrian accidents include:
- Disregarding a traffic control device
- Disregarding a crosswalk
- Driving intoxicated
- Passing a school bus
- Texting and driving
If you or your loved one is injured due to a pedestrian-related accident, the Law Offices of Mark Eiglarsh will be at your side. Call us and see how we can put our legal expertise to work for you.
The general information provided above about pedestrian accidents in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954.500.0003 in Broward or 305.674.0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.