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It is a great idea to take a walk on South Florida’s sidewalks under the sun. Walking along, across, and on the roads of Florida is risky and has become even more so in recent years. According to a fresh report by the Governors’ Highway Safety Association, Florida leads all states in fatal pedestrian crashes, and has a high risk of fatal Florida pedestrian accidents. The rate of fatal pedestrian accidents in Florida is ranked No. 2 nationally and will increase by 31 percent from 2020 to 2021. Nearly 7,500 people were killed by drivers last year across the country. That’s about 20 pedestrian accidents every day, more than in any year over the last 40 years.
The most common place for pedestrian accidents is in urban areas.They happen most often at night and between October and January. The elderly comprised 38% of all pedestrian accidents. This is a continually increasing problem that is caused by many factors, such as high vehicle speeds, bigger vehicles, lack of pedestrian infrastructure, and distraction while driving.
The stark statistics fail to convey the tragic loss that each of these numbers represents-including a mother, father, brother, sibling, daughter, grandson, friend, or grandparent. hit-and-run motorists account for the largest share of Florida pedestrian fatalities from accidents.
Our team of personal injury lawyers at Tampa understands the specific challenges arising out of civil litigation in pedestrian accidents. Even the most challenging cases do not intimidate this team, and this is reflective in an excellent track record. The firm is dedicated to helping Southwest Florida accident victims and their families through the next steps of the process. It identifies avenues for possible legal action and advises the client about the best approaches.
Financial Compensation for Accidents to Pedestrians in Florida
Pedestrians are the most exposed group, and thus more susceptible to experiencing severe or fatal injuries than vehicle passengers. The most common types of injuries during accidents involving pedestrians include head and spinal injuries, bone breakage (particularly in the limbs, wrists, and legs), crushing and burning wounds to the face, hands, legs, and feet, and bruising.
Unfortunately, though pedestrians are much more likely to suffer serious injuries, they often find it difficult to collect damages. Florida’s no fault auto insurance requires that almost all motorists carry Personal Injury Protection (PIP) coverage which covers the insured for losses up to $10,000 irrespective of fault. The pedestrian is not, however, required to carry PIP. They may have PIP if they own a vehicle. In such an instance, they can cover medical expenses and lost wages in case they were struck directly by the vehicle using their PIP policy. Provided that the accident victim does not have his PIP insurance, then they qualify for compensation irrespective of who is at fault. In cases of pedestrian injuries, $10,000 is insufficient compensation for covering the injury costs.
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Call us at (813) 803-0733
If the pedestrian partially contributed to what occurred, Florida’s comparative fault statute allows damages to be collected based upon the respective degrees of fault. If a driver is adjudged to be 75 percent responsible, that driver would pay 75 percent of the total damages. Florida’s comparative-fault statute allows collection of damages according to the degree of fault.
The second possible option in serious injury/wrongful death cases is a UM/UIM claim. It would be a policy of auto insurance that named the pedestrian as an insured (either by the policyholder main or a family member living in the area). UM/UIM can be helpful in Florida pedestrian accidents where:
- No one is able to identify the driver at fault (hit-and run).
- 1 in 5 drivers does not have any insurance.
- The driver at fault does not have sufficient auto insurance or assets to compensate the plaintiff adequately.
In some cases, third-party claims may be possible. After reviewing your case, an injury lawyer will be able provide you with more information.
Florida Pedestrians: Justice and Accountability
Our Fort Myers accident attorneys will explain that pursuing legal action is not just about money. Money can never replace a loved one. There are several reasons for surviving family members to pursue compensation claims.
Accountability
Pedestrian accidents claims can serve as a means of accountability for carelessness and negligence that led to such a devastating loss. It could be the drivers involved. It could have been a government agency who failed to fix an unsafe intersection. A local bar could have served patrons who were underage before they took the wheel. This means that the owner of the automobile could have lent the keys knowingly to someone who was not going to take this responsibility seriously. Another possibility is that the manufacturer had a flaw in the design that led to the accident or the severity of the injuries. Accountability is a way to bring closure.
Financial Survival
The loss of a family member can be as emotionally crippling as it is financially crippling, and this effect is not limited to the medical and funeral costs but can also include the loss of income and time contributions by the deceased to their families. Legal action can help dependents rebuild their lives.
Awareness
Achieving meaningful change is often dependent on the awareness of a problem. Florida pedestrian accidents often result from driver negligence, poor road design with high speed limits and widespread distraction. Pursuing Florida pedestrian accident lawsuits for damages helps to raise awareness of this epidemic of traffic deaths that can be prevented. Hopefully, it will become even more prominent in our consciousness and people will pay attention behind the wheel.
There is no attorney’s fee liability in Florida if you lose your claim for personal injury or wrongful death. If you have any question regarding collecting damages from Florida pedestrian accidents, our team of Florida injury lawyers can help you.
For a free consultation, if you have been injured in Tampa, or Clearwater, Largo, Palm Harbor, call Hysenlika Law Firm at 813.803.0733.
