Common Causes of Pedestrian Accidents in South Florida

There are many causes of pedestrian accidents in South Florida, including:

• Speeding: Drivers who exceed the speed limit have less time to stop for pedestrians.
• Driving Under the Influence: Alcohol or drug impairment reduces a driver’s ability to react in time to avoid hitting a pedestrian.
• Failure to Stop: This includes rolling stops or failure to stop at an intersection, which can lead to a pedestrian getting hit by a car.
• Failure to Adjust to Weather or Traffic Conditions: As circumstances on the road change, drivers must carefully consider these factors while operating their vehicles.
• Distracted Driving: Increased cell phone usage by drivers, fiddling with electronic devices, eating, and talking to passengers are significant causes of pedestrian accidents.
• Reckless Driving: This involves a range of dangerous behaviors including aggressive driving, tailgating, and not signaling before turning.
• Poor Road Design: The design of the road and lack of adequate pedestrian facilities play a role in many pedestrian accidents.

What To Do After a Pedestrian Accident in South Florida 

After a South Florida pedestrian accident, a pedestrian should:

• Prioritize Safety: First, move to a safe location, if possible, to avoid further harm from passing vehicles or other hazards.
• Seek Medical Treatment: Even if there are no immediate visible injuries, obtaining a medical evaluation right away is important because some injuries may not manifest until later.
• Call Law Enforcement: Contact the police to report the accident. They will document the incident and create an official police report, which can be crucial for insurance claims and legal purposes.
• Exchange Information: Obtain the contact information, insurance details, and vehicle registration number of the driver involved in the accident and contact information from any witnesses.
• Document the Scene: Take photos of the accident scene, including the location, the other motor vehicle or vehicles involved, any visible injuries, and road conditions. This documentation can be valuable for insurance claims and legal proceedings.
• Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible, sharing relevant details and documentation regarding the incident.
• Consult an Experienced Pedestrian Accident Lawyer: Consider seeking legal advice from a pedestrian accident attorney from a reputable law firm who can protect your rights, navigate the legal process, and pursue compensation for damages.
• Follow Medical Advice: As a pedestrian accident attorney will tell you, adhering to the treatment plan prescribed by healthcare professionals, attending follow-up appointments and showing up for rehabilitation is necessary for a full recovery and to demonstrate the extent of your injuries and losses.

Common Pedestrian Injuries in South Florida

• Broken Bones and Fractures: Pedestrians often suffer bone fractures, such as broken arms, legs, or ribs, due to the impact of being struck by a vehicle. Fractures can range from minor to severe and may require surgery or immobilization.
• Head Injuries: Head injuries, including concussions and traumatic brain injuries, commonly occur in pedestrian accidents. A serious injury like a traumatic brain injury can have long-term effects on cognitive function and overall health.
• Soft Tissue Injuries: Pedestrians may experience soft tissue injuries like bruises, sprains, strains, and contusions. These serious injuries can cause pain and discomfort and may require physical therapy for recovery.
• Internal Injuries: The force of a motor vehicle accident can cause severe injuries such as organ damage or internal bleeding. These internal injuries may not be immediately apparent to injury victims, but they require immediate medical attention.
• Catastrophic Injuries/Spinal Cord Injuries: Pedestrians can sustain spinal cord injuries in accidents with motor vehicles, leading to paralysis or impaired motor function. Such severe injuries can inflict significant long-term consequences on mobility and quality of life.
• Psychological Trauma: Motor vehicle accidents involving pedestrians can lead to emotional and psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). Mental health support is essential for recovery.

Understanding these common pedestrian injuries in South Florida can help individuals recognize the potential risks and seek appropriate medical care and legal assistance in the event of an accident.

Pedestrian Accident Cases and Types of Damages

Following a pedestrian accident in South Florida, you could potentially pursue several types of damages depending on the specifics of your pedestrian accident case.

• Medical Bills and Medical Expenses: These damages include compensation for the cost of emergency care, hospital stays, surgeries, medication, physical therapy and other necessary future medical treatments.
• Lost Wages: If your injuries prevent you from working, you can seek fair compensation for lost wages during your recovery period.
• Loss of Earning Capacity: If your injuries lead to long-term or permanent disability that limit or reduce your ability to earn a living, you can seek compensation for this loss.
• Pain and Suffering: For injured pedestrians, pain and suffering includes physical discomfort and emotional distress caused by the accident and your injuries.
• Wrongful Death: If a pedestrian accident leads to death, surviving family members may be able to pursue damages for funeral expenses, loss of companionship, and other related costs with the help of a personal injury law firm.
• Out-of-pocket Expenses: These are costs related directly to your injury, such as transportation to medical appointments or modifications to your home to accommodate a disability.

Florida follows a no-fault insurance system, which means you’ll first turn to your own insurance company to access your Personal Injury Protection (PIP) coverage for initial losses and injuries sustained. An experienced pedestrian accident lawyer at Cohen & Juda, P.A. will evaluate your pedestrian accident claim to compile an appropriate case strategy that could extend beyond PIP.

Pedestrian Fatalities and Wrongful Death Claims in South Florida

According to the Florida Department of Highway Safety and Motor Vehicles, the majority of pedestrian accidents take place in December. Every year since 2019, the last month of the year has witnessed the highest number of pedestrian accidents. Recent data reveals a total of 10,013 crashes in Florida in 2022, up from 9,561 in 2021.

Given these sobering statistics, it’s no wonder pedestrian fatalities occur. When pedestrian accidents lead to death, the families can pursue wrongful death claims with the guidance of an experienced lawyer. Below are some examples of wrongful death scenarios:

• Driver Negligence: If a negligent driver caused a pedestrian’s death by speeding, running a red light, or driving under the influence, the family may pursue a wrongful death claim.
• Poor Road Conditions: In cases where inadequate road maintenance or poor visibility contributed to the accident, leading to the pedestrian’s death, the family could seek compensation through a wrongful death claim.
• Defective Vehicle: If a defect in the motor vehicle, such as faulty brakes or malfunctioning lights, contributed to a pedestrian fatality, the family may have grounds for a wrongful death claim against the vehicle manufacturer.
• Failure to Yield: When a driver fails to yield the right of way to a pedestrian, leading to a fatal accident, the family of the deceased pedestrian could pursue a wrongful death claim against the at-fault driver, based on their failure to obey traffic laws.

Understanding these scenarios can help the family of a killed pedestrian in South Florida assess their legal options and seek justice through a wrongful death claim in cases where negligence or wrongful actions led to the tragic loss of their loved one.

Tips for Pedestrian Safety in South Florida 

1. Walk on Sidewalks Whenever Available

For pedestrians, the sidewalk is the safest place to walk. However, they should remain alert and aware of traffic while walking on the sidewalk because motor vehicle crashes can lead to sidewalk obstructions, telephone pole damage, or other hazards that could cause an accident.

If you must walk in the road, face traffic on the outermost edge of the lane, as far away from vehicles as possible. To avoid impact with a car, it’s often wise to walk in the grass or dirt next to the road, particularly on a hectic South Florida street.

2. Maintain Situational Awareness

South Florida and its bustling cities feature heavily-trafficked areas—and drivers with a need for speed. For these reasons, maintaining situational awareness of your surroundings as you walk is vital for avoiding pedestrian accidents. Knowing the speed limits on the road will help you estimate the speed at which cars might approach you.

Stay alert to what’s happening around you! Do not let your smartphone, headphones (especially noise-canceling headphones), or other electronic devices cause you to disregard your surroundings and put yourself in harm’s way.

3. Wear Easily Detectable Colors of Clothing

As a pedestrian, it’s up to you to make sure drivers see you and stop for you whenever necessary. Wearing visible clothing can make you stand out and help drivers spot you while you’re waiting to cross an intersection or walking along the road’s shoulder.

In the daytime, bright, neon colors will make you more noticeable to drivers. However, at night, wear reflective clothing and use a flashlight.

4. Lock Eyes with Drivers When Crossing

Never assume a driver notices you, even when in a visible location and sporting bright clothing. With endless distractions vying for their attention, it’s easy for drivers to overlook a pedestrian on a busy South Florida road.

Before you cross streets in front of cars, maintain eye contact with drivers and wave to acknowledge your presence and confirm that they see you. If a driver does not make eye contact in return, they may not know you’re about to cross the street—putting you at an increased risk of a pedestrian accident.

5. Carry Your Identification and Phone with You

One extremely vital pedestrian tip we can share is to be ready if an accident takes place. Carrying your phone with you when you walk allows you to call for help if you need it in the aftermath of an accident. And taking your wallet— along with your ID—will help first responders identify you if necessary.

Following these safety tips will help reduce the likelihood of an accident and avoid accusations of pedestrian negligence in a personal injury claim.