Pedestrian collisions occur often in Florida, which is among the top states with poor pedestrian safety, high rates of road accidents, and reckless and uninsured drivers. In fact, the Florida Department of Highway Safety and Motor Vehicles documented 10,290 pedestrian crashes across the state in 2023. These accidents led to 8,1323 injuries and 778 deaths.
If you or a loved one was involved in a pedestrian-vehicle accident, it’s crucial to know your legal rights and how Florida’s personal injury laws can protect you. Let’s walk through the common causes of these accidents, victims’ rights, and local laws affecting injury claims and compensation.
What Causes Pedestrian-Vehicle Accidents?
Negligence and misconduct on the road are often the reasons for pedestrian collisions. Here are common reckless acts that many drivers commit:
- Speeding
- Distracted driving
- Driving while intoxicated and/or under the influence of drugs
- Failure to yield at intersections and crosswalks
- Lack of visibility at night or during harsh weather
However, pedestrian behaviors and environmental conditions can also contribute to these accidents. These include:
- Jaywalking
- Ignoring or failing to notice road and traffic signs
- Walking on roads and sidewalks while under the influence of alcohol and/or drugs
- Poorly designed, maintained, or lit roads, crosswalks, and sidewalks
Legal Rights of Pedestrian Crash Victims
Under Florida law, victims have the right to legal recourse or file a personal injury claim to hold the at-fault party responsible for their injuries and losses. However, these claims require proof that the accident occurred due to the at-fault party’s negligence. Hence, working with an experienced injury attorney is paramount.
In addition, victims have the right to seek fair compensation for two types of damages. First are economic damages, which refer to tangible and measurable financial losses, such as:
- Medical Costs: The fees incurred from emergency care, surgeries, hospital stays, prescription medicines, ongoing and future treatment, and rehabilitation.
- Property Damage Costs: The expenses for repairing or replacing personal belongings damaged in road collisions.
- Lost Wages: The salary, bonuses, and financial perks lost due to missed work while recovering or loss of ability to earn income.
- Out-of-Pocket Expenses: The costs for other necessities related to the injuries, such as home renovations to accommodate disability, assistive devices, or transportation to and from doctor appointments.
The other type is non-economic or general damages, which cover intangible losses without monetary equivalents and diminish the victim’s quality of life. These include:
- Pain and Suffering—This covers physical pain, discomfort, and emotional distress caused by injuries, permanent scarring, or disfigurement. It also includes psychological impacts, such as anxiety, depression, and post-traumatic stress disorder.
- Loss of Enjoyment—This refers to the victim’s inability to enjoy hobbies, social engagements, and daily activities due to the injuries.
- Loss of Consortium—This refers to the victim losing their sense of companionship with their spouse or connections with family because of the injuries.
How Is the Compensation for Damages Determined?
The total amount of damage awards that victims can recover depends on several conditions. First is the severity of injuries. Devastating injuries often lead to substantial compensation since they require expensive medical treatments and/or surgical operations. Second is the permanency of harm. The recoverable amount is likely higher if the injuries result in chronic pain, disfigurement, or long-term disability.
Third is the injuries’ impact on the victim’s daily life. The compensation may be higher if the injuries rendered the victim unable to work or perform daily tasks. Fourth is the available insurance coverage. The at-fault party’s and victim’s insurance policy limits can affect the total recoverable amount in injury claims.
Florida Laws That Affect Injury Claims and Compensation
There are specific laws in Florida to protect pedestrians. However, there are still legal complexities that pedestrian-vehicle accident victims must know:
Right-of-Way Rules
Generally, drivers must yield to pedestrians in crosswalks. However, pedestrians must also observe specific rules, such as obeying traffic signals and avoiding sudden entry into roadways, especially in high-traffic areas.
Time Constraints When Filing Cases
Pedestrian crash victims have a two-year window starting from the accident to file a lawsuit in Florida. Filing a claim beyond that time frame leaves victims unable to claim rightful recompense for their injuries and losses. Because of this time limit, it’s paramount to immediately consult an injury lawyer and start gathering the lawsuit requirements after the accident.
Percentage of Fault
Sometimes, victims are partially responsible for their injuries, whether by jaywalking or crossing when the traffic signaled to stop. In such cases, compensations may be reduced or revoked per Florida’s comparative negligence laws.
No-Fault System
Florida follows a no-fault system that provides easy access to medical treatment after road accidents. It works around Personal Injury Protection (PIP) coverage, an insurance that every Florida vehicle owner and driver must have. It should carry at least $10,000 and is often used to cover 80% of medical expenses and 60% of lost wages, regardless of who’s at fault for the collision.
Final Thoughts
Getting injured on the road can cause serious injuries that affect your daily life. However, knowing your rights and options can make a difference in your recovery. Understanding Florida’s laws and taking immediate action after the accident is crucial to pursuing justice and the compensation you’re entitled to. Consult local injury attorneys to learn more about filing pedestrian accident claims.
For more info, visit our Accidents Law, category.
