Pedestrian accidents are life-altering events that ripple through families and communities. From distracted drivers glued to their phones to poorly lit crosswalks, the dangers lurking on our streets are as varied as they are preventable.
This article peels back the layers of pedestrian safety, revealing the often-overlooked factors that put lives at risk, and what you can do to get the justice you deserve.
You're not alone if a pedestrian accident injured you or a loved one. Frankl Kominsky Injury Lawyers in Boynton Beach, Florida, stands ready to champion your cause.
Don't let your story become another overlooked statistic. Contact us today at (561) 800-8000 to explore your legal options and take the first step toward justice and recovery.
Common Causes of Pedestrian Accidents
Distracted Driving
When drivers divert their attention from the road to activities like texting, eating, or adjusting the radio, they are less likely to notice pedestrians. This lapse in attention can lead to serious accidents.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accounted for 8.7% of all fatal crashes in one recent year. Legal consequences for distracted driving can include fines, license suspension, and increased insurance rates.
Speeding
High speeds reduce a driver's reaction time and increase the severity of impacts. According to the NHTSA, speeding contributes to about 26% of all traffic fatalities annually.
Pedestrians struck by a vehicle traveling at 40 miles per hour have a significantly higher risk of fatal injuries compared to those hit at 20 miles per hour. Increased fines and potential criminal charges are among the legal consequences for speeding drivers.
Failure to Yield Right of Way
Failure to yield the right of way is a common cause of pedestrian accidents. Drivers must yield to pedestrians at crosswalks and intersections, but many fail to do so, leading to dangerous situations.
This failure often occurs where inattentive or rushing drivers turn or blow stop signs. Legal consequences for drivers include fines, points on their driving record, and potential civil liability for any injuries caused.
Drunk Driving
Drunk driving significantly impairs a driver's reaction times and decision-making abilities, making it a leading cause of pedestrian accidents. Alcohol consumption reduces coordination and slows reflexes, increasing the likelihood of hitting a pedestrian.
According to the NHTSA, in one recent year, 32% of all pedestrian fatalities involved a driver with a blood alcohol concentration (BAC) of 0.08% or higher.
Legal consequences for drunk driving are severe, including hefty fines, license suspension, and imprisonment. Victims of drunk driving accidents often face extensive medical bills and long-term rehabilitation.
Weather Conditions
Adverse weather conditions can significantly impact pedestrian safety by affecting visibility and road conditions. Rain, fog, snow, and ice make it harder for drivers to see pedestrians and maintain control of their vehicles.
Statistics show that a significant number of pedestrian accidents occur during poor weather. Drivers must exercise extra caution and reduce speeds in these conditions.
Legal consequences for accidents caused by negligence in lousy weather can include fines and liability for damages.
Poor Visibility
Poor visibility significantly contributes to pedestrian accidents. Factors such as time of day, weather conditions, and physical obstructions can impede a driver's ability to see pedestrians.
Accidents are more likely to occur at dawn, dusk, or night when visibility is naturally lower. Additionally, rain, fog, and poorly lit areas exacerbate the issue.
According to the NHTSA, many pedestrian accidents occur under low visibility conditions. Drivers must use headlights appropriately and stay vigilant in such situations.
Crosswalk Violations
Crosswalks are essential for pedestrian safety, providing designated areas for safe crossing. However, drivers' crosswalk violations pose a significant risk. Drivers may ignore crosswalk signals, fail to yield, or stop too close to the crosswalk, endangering pedestrians.
According to the Federal Highway Administration, crosswalk violations contribute to many pedestrian accidents annually. Violations can result in fines, points on the driver’s record, and increased liability in accident cases.
Backing-Up Accidents
Backing-up accidents occur when drivers reverse their vehicles, often in parking lots or driveways, and fail to notice pedestrians. These accidents are particularly hazardous for children and the elderly, who drivers may not see in rearview mirrors.
According to the Insurance Institute for Highway Safety (IIHS), backup cameras have reduced these accidents, but they still pose a significant risk.
Infrastructure Issues
Infrastructure issues can significantly impact pedestrian safety. Poor road design, lack of crosswalks, and inadequate lighting contribute to accidents. Damaged sidewalks and improperly timed traffic signals also pose risks.
These problems often lead to situations where pedestrians must navigate unsafe areas. Legal action may not address infrastructure failures, potentially involving local government liability for accidents caused by negligence.
Legal Responsibilities of Pedestrians
While drivers must ensure pedestrian safety – and are often the ones at fault in most accidents – pedestrians also have legal obligations to follow. If they do not follow them, they face partial or even full liability for the accident.
Pedestrian Responsibilities
- Obey Traffic Signals:
- Pedestrians must follow traffic signals at intersections. Crossing against a signal (jaywalking) can lead to dangerous situations and accidents.
- Use Crosswalks:
- When available, pedestrians should use designated crosswalks to cross streets. Crossing at unmarked locations can increase the risk of accidents.
- Stay Alert:
- Pedestrians should stay alert and avoid distractions, such as using smartphones, while crossing streets. Paying attention to their surroundings can help them react to potential dangers quickly.
- Walk on Sidewalks:
- When sidewalks are available, pedestrians must use them. Walking on the road, especially on busy streets, poses significant risks.
- Face Traffic:
- If there are no sidewalks, pedestrians should walk on the shoulder of the road facing oncoming traffic. This allows them to see approaching vehicles and react if necessary.
Scenarios Where Pedestrians Can Be at Fault
- Jaywalking:
- Pedestrians crossing streets outside of crosswalks or against traffic signals can be held responsible if an accident occurs. Jaywalking is illegal in many areas and significantly increases the risk of accidents.
- Crossing Without Looking:
- Failing to look both ways before crossing the street can lead to accidents. If a pedestrian steps into the path of an oncoming vehicle without checking for traffic, they may share the fault for any resulting accident.
- Distracted Walking:
- Using electronic devices, such as smartphones or headphones, while crossing streets can distract pedestrians from noticing oncoming traffic. This distraction can be a contributing factor in accidents.
- Walking Under the Influence:
- Similar to driving under the influence, walking while impaired by alcohol or drugs can impair judgment and reaction times, leading to dangerous situations and potential accidents.
- Ignoring Pedestrian Signals:
- Pedestrians who ignore pedestrian-specific signals, such as the "walk" and "don't walk" signs, can be at fault if an accident occurs while they are crossing against the signal.
- Sudden Movements:
- Pedestrians who suddenly step off the curb into traffic or change direction unexpectedly can cause accidents. Drivers may not have enough time to react to these sudden movements.
Legal Consequences for Pedestrians
When pedestrians are at fault for an accident, they may face legal and financial consequences:
- Reduced Compensation: If a pedestrian shares fault for an accident, the authorities may proportionally reduce their compensation from any personal injury claim. This principle is known as comparative negligence.
- Fines and Citations: Pedestrians may receive fines or citations for jaywalking or other infractions related to pedestrian laws.
Pedestrian Accident Statistics in Florida
- High Fatality Rates: In one recent year, Florida recorded 824 pedestrian fatalities, making it the state with the third-highest number of pedestrian deaths in the nation. What’s worse is that Florida reported the highest pedestrian fatality rate in the country, with 1.99 deaths per 100,000 residents.
- Historical Data: Historically, Florida has had a higher percentage of pedestrian fatalities compared to the national average. For instance, in 1994, pedestrian fatalities made up 19.4% of all traffic crash deaths in Florida, compared to 13.5% nationally. This trend has persisted over the years, highlighting the state's ongoing struggle with pedestrian safety. Florida's pedestrian fatality rate was the third-highest in the United States in 2021, at 4 deaths per 100,000 residents. This was consistent with its ranking in previous years, including 2012, when it also held the third-highest rate.
How a Pedestrian Accident Lawyer Can Help
Gathering Evidence and Building a Strong Case
To build a robust case, pedestrian accident lawyers collect:
- Witness Statements: Testimonies from individuals who witnessed the accident can provide critical details about how the event occurred.
- Accident Reports: Official police and accident reports often include essential facts about the incident, such as the location, time, and any immediate observations by responding officers.
- Surveillance Footage: Video footage from nearby security cameras can capture the accident as it happened, providing visual evidence of the events leading up to and during the accident.
- Medical Records: Detailed medical records and reports document the extent of injuries sustained, treatments received, and future medical needs. These records are crucial for quantifying damages.
- Expert Testimonies: Experts, such as accident reconstruction specialists and medical professionals, can offer authoritative opinions on how the accident occurred and the impact on the victim’s life.
Negotiating with Insurance Companies
Insurance companies often employ various tactics to minimize payouts to accident victims.
Our pedestrian accident attorneys are seasoned negotiators and know how to fight back against tactics like:
- Delaying Claims: Insurance companies may delay the processing of claims, hoping that victims will become frustrated and accept a lower settlement.
- Downplaying Injuries: Adjusters might argue that the victim’s injuries are less severe than claimed, attempting to reduce the compensation amount.
- Shifting Blame: Insurers may try to shift some or all of the blame for the accident onto the victim, which can reduce or eliminate the payout.
- Quick Settlement Offers: Insurance companies often offer quick settlements that are significantly lower than what the victim might deserve, hoping they will accept without consulting a lawyer.
- Misinterpreting Policy Terms: Adjusters may misinterpret or selectively apply policy terms to limit the coverage and reduce the settlement amount.
Maximizing Compensation
Our pedestrian accident lawyer will secure the maximum possible compensation for our clients, covering various types of damages:
- Medical Expenses: Compensation for all medical costs related to the accident, including emergency room visits, surgeries, hospital stays, medications, physical therapy, and future medical care.
- Lost Wages: Reimbursement for income lost due to the victim’s inability to work during their recovery period.
- Loss of Earning Capacity: If the injuries result in long-term or permanent disability, compensation for the diminished ability to earn income.
- Pain and Suffering: Damages for the physical pain and emotional distress suffered as a result of the accident.
- Loss of Enjoyment of Life: Compensation for the reduced ability to enjoy day-to-day activities and hobbies that the victim participated in before the accident.
- Property Damage: Reimbursement for any personal property damaged in the accident.
- Punitive Damages: In cases of gross negligence or intentional misconduct by the driver, the victim may receive punitive damages to punish the wrongdoer and deter similar behavior.
By handling these critical aspects, pedestrian accident lawyers enable victims to focus on their recovery while ensuring they receive the justice and compensation they deserve.
Get the Compensation You Deserve Today
Our experienced team is passionate about standing up for victims like you. We'll dig deep to uncover the truth, go toe-to-toe with insurance companies, and if needed, fight for you in the courtroom. Our goal? To secure the justice and compensation you truly deserve.
Don't let your voice get lost in the statistics. Take the first step towards reclaiming your life – call Frankl Kominsky Injury Lawyers at (561) 800-8000. Let's discuss your case and explore how we can help you move forward.