Alarming as these figures are, they aren’t a total shocker. Florida has consistently ranked among the most dangerous places in the United States to travel on foot – and the U.S. is among the most dangerous countries in the world for pedestrians. As noted in the Dangerous By Design 2022 analysis by Smart Growth America, more than 6,500 people were struck and killed while walking in America in 2020 – about 18 daily. In 2021, the total was 7,485 – more than 20 every single day. Four of the top 10 most dangerous metro areas in America for pedestrians are in Florida. We have 7 metro areas in the top 20, with No. 14 being Miami-Fort Lauderdale-Pompano Beach. No. 1 is Daytona Beach.

Contributing factors include:

• Poor road designs. This is especially true for non-interstate arterial highways that prioritize large cars moving at very high speeds at the expense of other types of travelers (particularly in poorer income areas). These account for 15 percent of our country’s roads, but 70 percent of all pedestrian deaths.
• Larger vehicles. SUVs and crossovers account for about 50 percent of the market share for all passenger vehicles sold in the U.S. Average car size is increasing across the board, but Americans have much fewer options for smaller cars compared to their European, South American, and Asian counterparts. Our most popular vehicles increased in average car size by 21 percent from 1982 to 2017.
• Distracted, careless drivers. This has always been an issue, of course, but smartphones and in-vehicle technology have never before been so immersive. Workers, parents, loved ones – we’re all expected to be engaged and in touch at all times, even at the expense of other key tasks – like driving.
• An aging population. Older people in some communities are more likely to walk than drive. They’re more vulnerable to accidents because they move slower and their vision, hearing, and reflexes are not what they once were. And when they are involved in pedestrian accidents, they’re at higher risk of serious and fatal injuries.

Florida, along with California, Georgia, Texas, and Arizona, account for nearly half of all pedestrian accident deaths in the country.

Legal Options in Florida Pedestrian Accident Aftermath

Surviving loved ones of those who have been killed in South Florida pedestrian accidents may face several challenges in pursuing justice – both in the civil and criminal justice system.more

Our dedicated Broward County injury lawyers can provide answers to help you make informed decisions about your next steps.

Every case is different, but some of the potential avenues we will help pedestrian accident victims or surviving loved ones explore are:

• Personal Injury Protection. PIP coverage is a requirement for any motorist in Florida, per F.S. 627.736. It provides up to $10,000 to the insured and their passengers regardless of fault. However, in pedestrian accident cases, a driver’s PIP coverage can also be used to compensate an injured pedestrian – even if they were at-fault. It applies to pedestrians whose body made physical contact with the vehicle. (If you jumped out of the way, it might not apply.) PIP covers a portion of medical bills and lost wages. Unfortunately, about a quarter of drivers in Florida aren’t properly insured. In that case, if the pedestrian has their own PIP coverage, they can probably still use it – even if they weren’t behind the wheel of the car, so long as they were struck by a motor vehicle.
• Serious injury claims for bodily injury liability. Injuries sustained by pedestrians are often quite serious, meeting or exceeding the serious injury threshold required under Florida law to sidestep the state’s no-fault insurance rule and pursue a claim for damages against the at-fault driver for bodily injury liability coverage. The owner of the vehicle (if someone other than the driver) may be held vicariously liable for the driver’s negligent actions.
• Third-party liability claims. Sometimes, it’s not just the driver who is at-fault. If the driver was drunk and underage, you may have grounds for a dram shop liability lawsuit against the person or bar who served alcohol to that driver. You may have a claim against the company that employed the driver, if he/she was working at the time of the crash. Sometimes government agencies can be sued for failure to address a dangerous intersection that had a number of serious safety flaws that had led to prior accidents.
• Uninsured/Underinsured Motorist Coverage. UM/UIM coverage may be paid to a pedestrian if that individual is covered under a UM/UIM policy – even though they weren’t driving at the time of the accident. UM/UIM kicks in when a pedestrian is injured or killed by a driver who does not have insurance, does not have enough insurance to fully compensate for the losses sustained, or who is not identified because it was a hit-and-run (a very troubling – yet common – issue in Florida pedestrian accident cases).’

There may be other potential means of compensation as well, depending on the specific facts of the case. Some types of claims have tight deadlines for filing/making a case. It’s important to discuss the details with an injury/wrongful death lawyer as soon as possible.

If you or a loved one has been seriously injured in a Broward County pedestrian accident, we can help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Bad Road Design Is Stoking the U.S. Pedestrian Death Crisis: Report, July 12, 2022, By Eve Kessler, StreetsBlog USA

More Blog Entries:

Why Are There So Many Bicycle Accidents in South Florida? Feb. 15, 2022, Broward Injury Lawyer Blog

Working with an experienced Fort Lauderdale injury attorney helps ensure you’re leaving no opportunity for compensation off the table.

Fort Lauderdale Pedestrian Accident Statistics

Walking is dangerous business in South Florida, the state that ranks No. 1 in pedestrian deaths in the United States, according to thinktank Smart Growth America.

There have been nearly 1,700 pedestrian deaths just in South Florida between 2010 and 2019, which works out to about 2.8 deaths per 100,000 residents. The Miami-Fort Lauderdale-West Palm Beach region of Florida ranks No. 13 in the nation for pedestrian danger, but Florida holds 7 of the top 10 most dangerous places for pedestrians (Orlando, Palm Bay, Daytona Beach, Sarasota, Tampa, Lakeland and Jacksonville). Cape Coral-Fort Myers ranks No. 11.

Smart Growth America uses a Pedestrian Death Index to rank metro areas and states. The analysis measures how deadly it is for people walk there based on the number of people struck and killed there while walking compared to the percentage of individuals who routinely walk as part of their work commute. south Florida’s PDI was 172. Orlando, which ranked No. 1, had a PDI of 295. Florida overall had a PDI of 201.

Those at highest risk for Fort Lauderdale pedestrian accidents included:

• Older pedestrians (those who may have challenges hearing, seeing, and moving).
• People of color (Blacks were killed in pedestrian accidents at a more than 80 percent higher rate than White, non-Hispanics).
• Pedestrians in lower-income neighborhoods (often where there are fewer crosswalks, sidewalks, and slower speeds).

How a South Florida Injury Lawyer Can Help

As mentioned before, Florida requires PIP coverage as the first resource to which traffic crash victims can turn. PIP is coverage every driver is supposed to carry, and it provides up to $10,000 in damages (medical expenses and a portion of lost wages) regardless of who was at-fault.

Some pedestrians carry PIP because they are also drivers who just happened to be walking at the time of the crash. PIP can cover household members (as will often apply to children, teens, and young adults living with their parents, etc.). However, if the pedestrian is not covered by their own PIP, the driver’s PIP carrier should provide them with this coverage – even if the pedestrian was at-fault for the crash.

But pedestrian injuries are often quite serious, and $10,000 only scratches the surface. Florida requires anyone wishing to step outside the no-fault system to pursue a claim against an at-fault driver have injuries that meet the serious injury threshold criteria, as spelled out in F.S. 627.737.

However, let’s say the driver was not identified, does not have insurance, or does not have enough insurance to cover your damages. Your primary option at that point is likely your own uninsured/underinsured motorist (UM/UIM) coverage. This is optional coverage that comes standard with most auto insurance policies, and it extends coverage to you if the at-fault driver is not identified, doesn’t have insurance, or lacks adequate insurance to compensate you for your injuries.

If you do not have UM/UIM coverage, your options from there may be limited to your own health insurance coverage, unless there are potential third parties who may be liable.

Initial consultations with an experienced Fort Lauderdale pedestrian accident attorney can help protect your rights and ensure you are exploring all viable legal avenues.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Dangerous By Design 2021, Smart Growth America

More Blog Entries:

Mistakes When Dealing With an Insurer After a Fort Lauderdale Car Accident, July 1, 2021, Fort Lauderdale Injury Lawyer Blog

In its Dangerous by Design 2021 report, Smart Growth America notes that 1,675 pedestrians have died in Florida from 2010 to 2019, which amounts to 2.8 pedestrian accident deaths per 100,000 residents. The analysis establishes a Pedestrian Death Index to assess the risks and rank the road safety status in cities and states. It looks at how dangerous it is for people to walk in a given area based on the number of people injured and killed in pedestrian accidents controlled for the population and the number of folks who walk to work as a measure of average overall walking in the region. South Florida’s PDI was 171.9. The metro area with the highest PDI was Orlando, with a PDI of 295 and 3 deaths per 100,000 people.

Among states, Florida was once again No. 1, with nearly 5,900 people killed and a PDI of 201.4. Most other states with high pedestrian danger were in the South, including Alabama, Mississippi, Louisiana, Georgia, South Carolina and Texas. New Mexico, Arizona and Delaware were also high on the list. Among the top 13 most dangerous metro areas, regions in Florida held nine of those slots.

Demographically, the report revealed some groups were at higher odds for injury than others. Among those:

• Older pedestrians.
• People of color.
• Pedestrians in low-income neighborhoods.

Over the last decade, Black pedestrians died at a rate that was 82 percent higher than White, non-Hispanic pedestrians. One contributing factor could be a greater likelihood to live in areas lacking marked crosswalks, sidewalks and safe design that supports slower speed (and therefore less serious injury in the event of a collision).

As for those over 50 (particularly those 75 and older), challenges with moving, hearing and seeing may be contributing factors.

Recovering Damages After South Florida Pedestrian Accident

As longtime Fort Lauderdale injury attorneys, we have represented many survivors of pedestrian accidents and sometimes loved ones left behind. Recovering damages after a South Florida pedestrian accident can be a bit different than pursuing claims in a typical car accident case. This is because not only do pedestrian accidents tend to result in more serious injuries than most other types of crashes, but people on foot aren’t required to carry insurance like drivers do.

One of the first places we’ll look to for recovery is the pedestrian’s own Personal Injury Protection (PIP) coverage. This is no-fault medical bills and lost wages coverage of up to $10,000 that would be on the pedestrian’s personal auto insurance policy, which will cover them even though they weren’t driving and regardless of who was at-fault for the collision. If the pedestrian didn’t own a car, it’s possible they could make a PIP claim on a policy held by any relative with whom they were living. If they didn’t own a car or live with a relative who had car insurance, the PIP coverage of the driver who struck the pedestrian could cover medical bills. However, if the pedestrian wasn’t a Florida resident, PIP may not extend coverage. One’s health insurance might also cover their medical bills, though won’t cover lost wages. Of course, $10,000 doesn’t go very far when someone is seriously injured. In the event PIP is not enough to cover the full extent of one’s damages, plaintiffs can file a claim against the at-fault driver for bodily injury liability coverage – assuming the driver was at-fault in the collision. If that’s the case, not only the driver but the vehicle owner may be liable. Florida is a pure comparative fault state, meaning you can still collect damages if you were partially at-fault, but your damage award will be proportionately reduced. So if you are found 25 percent at-fault, you would be entitled to collect only 75 percent of the damages. If the driver didn’t have insurance or only carried the minimum amount, a pedestrian could file a claim with their own uninsured/underinsured motorist (UM/UIM) carrier. Most Florida pedestrian accident claims can be settled without a lawsuit. If you have questions on how the process works or the steps to take, our Fort Lauderdale injury lawyers can answer your questions.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

South Florida is 13th-most dangerous region in America for pedestrians; Florida is most dangerous state, March 21, 2021, By Chris Perkins, The Sun-Sentinel

More Blog Entries:

When Fort Lauderdale Car Accident Injuries Exceed Insurance Coverage, Jan. 21, 2021, Fort Lauderdale Pedestrian Accident Lawyer

As our Fort Lauderdale car accident attorneys can explain, victims of pedestrian accidents have several legal avenues for compensation and accountability. These include no-fault personal injury protection (PIP) benefits, as well as bodily injury liability claims against at-fault drivers/vehicle owners/employers and possibly uninsured/underinsured motorist coverage.

Several recent Florida pedestrian accident lawsuits stem from unspeakable tragedy: Two college students killed and a handful more injured in two pedestrian accidents near the same area just a month apart.more

In the first case, an 18-year-old freshman at the University of Florida in Gainesville was struck in a crosswalk by the driver of a BMW who fled the scene. She died on the roadway. According to her family’s wrongful death lawsuit, the vehicle was later discovered at a local auto repair shop with blood and damage to the hood.

A few weeks alter, a 19-year-old student was struck and killed while four others were seriously injured as they stood on a sidewalk near the university. Several lawsuits filed after that incident name the 28-year-old driver as well as Uber, for whom he was reportedly working at the time he collided with another vehicle near the intersection, causing the second vehicle to spin out of control and hit the crowd. Speed was believed to have been a factor.

At the university, several organizations, including Gators Against Student Pedestrian Deaths and Florida Not One More have cropped up to advocate for more pedestrian-friendly roads, particularly around universities, where most students travel on foot or bicycle.

Florida Pedestrian Accident Facts

According to the GHSA, most pedestrian accidents take place on local roads, at night and away from intersections. This suggests the need for road crossings that are safer and ways to make both vehicles and pedestrians more visible in the dark. Although pedestrian deaths overall have risen nationally, those at night spiked nearly 70 percent compared to those in the day, which increased 16 percent.

The larger the vehicle the more likely a serious injury or fatality. Pedestrians who are struck by a large sport utility vehicle are two times as likely to die of their injuries compared to those hit by a car. Although there are more passenger cars involved in fatal pedestrian accidents, the increasing popularity of SUVs is one factor in why deadly pedestrian accidents have spiked.

Pedestrians are uniquely at a disadvantage in a collision, being without seat belts, helmets or other protections as automobile occupants and operators.

Holding drivers accountable for careless, reckless or criminal behavior behind the wheel is what we do. If you have been injured in a Florida pedestrian accident, our dedicated Fort Lauderdale injury lawyers are committed to securing fair compensation and justice for what you’ve endured.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Pedestrian Traffic Fatalities by State, 2019, GHSA

The simple act of going to work on foot, walking your dog or enjoying an after-dinner stroll is increasingly a risk to your safety in the Sunshine State. The Governors Highway Safety Administration reported more pedestrian accident deaths in 2018 than in the last 30 years. With nearly 6,230 pedestrians killed that year, it was 4 percent more than the year before and higher than it’s been since 1990.

In fact, as our Fort Lauderdale injury attorneys can explain, while motor vehicle deaths have been steadily falling over the last year, pedestrian accident fatalities have spiked by 35 percent.

Why Pedestrians are at Greater Risk

Part of the reason pedestrians are at greater risk on our roads has to do with physiology. There are more large trucks on the road, and an increasing number of drivers are opting for larger vehicles, like sport utility vehicles. These are far more likely to kill a pedestrian than smaller, more compact cars simply due to the size and weight differential.

In the last five years, the number of pedestrian deaths involving an SUV increased by 50 percent.

That doesn’t fully explain the problem, though, because fatal pedestrian accident deaths involving passenger cars increased by 30 percent during this same time frame. Passenger cars still make up the majority of vehicles involved in all pedestrian crashes.

Likely the bigger problem has to do with driver distraction, facilitated in particular with motorists fiddling with their phones. Just recently in Kansas, NBC News reported a beloved, 88-year-old crossing guard was killed while saving the lives of two young children by preventing them from crossing the street as a distracted driver barreled through the crosswalk without braking.

Although it’s tough to come by reliable statistics on the number of pedestrian accidents caused by distracted drivers, we do know that drivers using cell phones are 2-6 times more likely to crash compared to those who aren’t distracted. An aggregate analysis of 28 distracted driver studies reveals that typing or reading text messages:

• Significantly slows a driver’s reaction time;
• Increases lane deviations;
• Increases the length of time drivers looked away from the roadway.

In Florida, NPR reports that local distracted drivers – not tourists – are to blame for the majority of crashes.

Filing a Florida Pedestrian Accident Lawsuit

Florida is a no-fault state when it comes to any type of car accident. That means one must first collect from their own personal injury protection (PIP) policy, as outlined in F.S. 627.736. Injured pedestrians can seek coverage through their own PIP policy, which is required of all registered drivers in the state. This provides up to $10,000 in coverage for medical expenses and lost wages/disability. You can pursue this regardless of who was at-fault. PIP extends coverage to anyone listed on the policy AND any relatives of the insured who live in the same household.

However, pedestrians aren’t required to carry insurance the way drivers are, and $10,000 tends not to go very far.

In that case, you can file a claim with the at-fault driver’s insurer, but you’ll have to prove negligence. These claims may be paid out through the driver’s bodily injury liability policy. If that driver does not have insurance OR if that insurance policy doesn’t provide enough to fully compensate you for your injuries, you can pursue a claim with your own uninsured/underinsured motorist carrier.

In some instances, there could be grounds for a third-party liability claim. For example, if the driver was drunk and underage, you may be able to file a claim against whichever establishment furnished the alcohol under Florida’s dram shop laws.

If you or a loved one have been involved in a Florida pedestrian accident, we can help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Why Pedestrian Deaths Are At A 30-Year High, March 28, 2019, By Sea Stachura, Morning Edition, NPR

Officials did say they eventually want to enact a measure that would require the e-scooters to reduce their speed (currently at 15 mph, which is too fast to mingle with pedestrians) and also be relegated to bike lanes. The latter is within the purview of the state legislature, which is in the early phases of passing such a measure. For now, scooter riders must stick to the sidewalks.

Our city is the first in Florida to allow e-scooters, even as the metro area was named in a recent Dangerous by Design 2019 report as being among the worst in the country for deadly pedestrian accidents. Although city officials reason that e-scooters could help us carve out a tourism market advantage over other surrounding communities, being the first means we’re facing a host of regulatory and safety issues for the first time.more Being The First Means Confronting Problems Absent Clear Guidance

Although other communities like Miami, Tampa and Coral Gables have been toying with the idea of adopting e-scooter provisions, Fort Lauderdale is the only city in Florida to have a program that is fully launched. City commissioners had already voted to approve e-scooter presence when they realized state law technically prohibited their use anywhere but sidewalks, which is what prompted officials to revisit the issue, according to The Sun Sentinel. They noted the position of several traffic policy experts who have concluded e-scooters help to fill gaps in the transportation network in our urban landscape. They can help carry riders the final few miles from mass transit to their destination.

In addition to reducing speed and getting the dockless e-scooters in bike lanes, officials also want to designate specific corrals for scooter parking, designate off-limits areas and limit ridership to those 18-and-older. (Technically, the four providers of the service – Bolt, Lime, Bird and Gotcha – do require riders to be 18, but absent city traffic ordinance, children are riding by way of their parents’ account, prompting several public complaints. Other issues motorists and pedestrians have reported include reckless scooter operation and “littering” the scooters in streets or across sidewalks after use. Another proposal could see e-scooter helmets – currently optional – as mandatory, potentially helping to save lives.

To cover the cost of enforcing new e-scooter speed limits and other provisions, commissioners are examining whether to collect higher fees from the four service providers. Data from e-scooter providers report a collective 323,000 rides since November, with the average ride span being a one-half-hour.

Who Is Liable for Fort Lauderdale E-Scooter Accident?

Fort Lauderdale pedestrian accident attorneys are familiar with the fact that e-scooters have been associated with safety issues in cities nationally. Emergency room doctors have reported a spike in injuries – including traumatic brain injury – as a result of scooter accidents.

As far as coverage for injuries, one should check their own individual auto insurance policy to see whether they may be covered for such a crash. Auto insurance often omits liability coverage for any motor vehicle that has less than four wheels, meaning e-scooter accident coverage isn’t likely, but it’s worth a look. Sometimes homeowners’ insurance policies can provide coverage even while one is away from their residence, but rented e-scooters may be excluded. Coverage will depend on the specific carrier and the exact language of that policy.

States may not require accident insurance coverage for e-scooters, but some companies do provide it. Frequent e-scooter riders should consider getting a personal liability umbrella insurance policy, which can provide coverage for injuries, property damage and some lawsuits.

Call Fort Lauderdale Pedestrian Accident Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

E-scooters are here to stay in Fort Lauderdale, Feb. 5, 2019, By Brittany Wallman, The Sun-Sentinel

More Blog Entries:

Florida No. 1. for Pedestrian Accident Risk, Its Metro Areas Ranking 8 of Top 10, Feb. 6, 2019, Fort Lauderdale Pedestrian Accident Attorney Blog

In Florida, a finding of comparative fault (meaning plaintiff shares some of the blame for what happened) will not prohibit a plaintiff from pursuing the case or from collecting damages. However, per F.S. 768.81, Florida’s comparative fault law, it will proportionately reduce the amount of damages to which one is entitled. So for instance, if a plaintiff is deemed 30 percent at fault and defendant 70 percent at fault, plaintiff will only be able to collect damages on that 70 percent.

In a recent pedestrian accident case out of Pennsylvania, a major sticking point was whether evidence of a decedent pedestrian’s blood-alcohol level was rightly allowed into evidence by the trial court, or whether it was unfairly prejudicial an inadmissible absent any other independent corroborating evidence.

The trial court ruled this issue was well within the discretion of the trial court.

The important takeaway here is that just because one may not be considered the “perfect plaintiff,” they shouldn’t allow this to discourage them from consulting with an experienced personal injury attorney. Yes, there may be some additional hurdles to overcome, but that does not mean these are insurmountable. Initial consultations are always free, so it’s worth the phone call.

In this particular case, plaintiff was the mother of a man who was struck and killed by a vehicle on a four lane road in Philadelphia. Defendant admitted she did not see the pedestrian before the impact. He was transported to a nearby hospital with severe injuries and pronounced dead. A medical examiner shortly thereafter conducted an autopsy and concluded the man’s blood alcohol concentration to be at 0.313. To put that into context, a person who is driving is deemed legally drunk with a BAC of 0.08. However, this man was not behind the wheel.

It was not known where pedestrian had been prior to the crash and there were not witnesses who could attest to his condition or behavior, either earlier that evening or just before the crash. The police report made no mention that he appeared to be intoxicated or that his apparent intoxication was a factor in the crash.

Decedent’s mother filed a wrongful death lawsuit against the driver, alleging negligence resulting in the accident that caused her son’s death. She sought a motion to preclude any evidence of alcohol in decedent’s system, asserting it was irrelevant, didn’t have the necessary corroboration and would unduly prejudice the jurors. Trial court denied that motion. At trial, jurors determined driver was negligent, but that her negligence was not the cause of decedent’s death.

On appeal, decedent’s mother argued the trial court wrongly admitted the BAC evidence. The majority in the Pennsylvania Supreme Court, however, ruled this decision was appropriately within the trial court’s discretion, which was not abused.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Coughlin v. Massaquoi, Sept. 28, 2017, Pennsylvania Supreme Court

More Blog Entries:

Court: Designated Driver Not Bound by Higher Standard of Care, Sept. 12, 2017, Fort Lauderdale Pedestrian Accident Attorney Blog

Fort Lauderdale police reported a driver, under the influence of alcohol and drugs, paid no mind to the orange cones along the course, nor the repeated instructions by race officials and police when he barreled onto the course, striking and killing an 80-year-old runner. Defendant in that case is now in jail, awaiting trial on a charge of DUI manslaughter. Meanwhile, The Sun Sentinel reports organizers of the race – as well as police – are carefully going over the safety plans for this year. Police say they meet months in advance to plan, driving through the course themselves a good eight times to make sure they haven’t missed any glaring safety concerns. Still, a police captain quoted by the paper said while they work to anticipate possible danger, they can’t always prevent careless drivers from circumventing those restrictions.

In general, Florida is one of the most dangerous places for pedestrians – runners included. The Miami Herald reported pedestrian deaths nationally are at a 10-year high, with Miami-Fort Lauderdale-West Palm Beach having one of the worst rates for car vs. pedestrian fatalities.more

In the 10 years leading up to 2014, there were 5,142 people killed by a car while walking. In South Florida alone, there were 1,508 lives lost. Americans are seven times more likely to die in a pedestrian accident than in a natural disaster.

Our Fort Lauderdale pedestrian accident lawyers know there are several legal options for those injured in these cases. That includes personal injury protection (PIP) benefits, per F.S. 627.739. While these benefits typically only apply to the insured, as part of Florida’s no-fault system of handling auto accident claims, in pedestrian and bicycle accident, the benefits of the at-fault driver can also extend to those struck. That’s because unlike drivers, these individuals aren’t required to purchase insurance to ride a bike or take a stroll.

In many cases, though, PIP benefits aren’t enough to cover the damages, as most PIP plans carry a maximum of $10,000. From there, we would decide whether to file a claim for damages from at-fault driver’s bodily injury liability benefits. Although these are not required under Florida law, most auto insurers require it, or offer it standard. Another option would be to file a claim with the pedestrian’s uninsured/ underinsured motorist coverage. This could be filed if the at-fault driver lacked any insurance or didn’t have enough coverage to fully compensate for pedestrian’s injuries and losses. Pedestrians can file a claim with their own UM/ UIM carrier even though they weren’t actually driving at the time.

As for the upcoming race, some runners are advocating for better barriers. Some changes have been made to the route, but officials say that’s unrelated to the tragic events of last year.

In the long run, better street design is imperative, according to a recent report by Dangerous By Design. Streets need to better accommodate more than just those in cars with narrower roads, more sidewalks, more crosswalks, better lighting and lower speed limits and other traffic calming measures.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Lauderdale runner killed by car during race rare and unlikely, officials say, July 28,2017, By Mike Clary, The Sun-Sentinel

More Blog Entries:

Impact of South Florida Motorcycle Accidents Lessened with Helmets, July 30, 2017, Florida Pedestrian Accident Lawyer

According to news reports, the trio were reportedly walking back to their hotel along Southwest 42nd Street after dinner. They were in a wide swath of grass when a pickup truck driver veered toward them and crossed over from the westbound lane to the eastbound lane and then onto the shoulder of the road. Authorities said speed and alcohol are likely factors in this pedestrian accident.

Florida – and South Florida in particular – is a perilous place for pedestrians, and has been for some time. Addressing these issues may take an approach that considers better traffic engineering and more targeted enforcement. However, those efforts can only go so far if drivers continue to disregard our traffic laws and the safety of pedestrians. Two recent reports show the problems, at least for now, aren’t getting better.

The Governors Highway Safety Association recently released its 2016 preliminary data on Pedestrian Traffic Fatalities by State. It’s a 38-page report that begins with this: The number of pedestrian accident deaths in the U.S. has increased by 25 percent from 2010 to 2015, while total traffic deaths climbed by about 6 percent.

The latest figures, looking at statistics from the first six months of 2016, during which they noted an increase of 7 percent from the previous time frame in 2015. However, after adjusting for the under-reporting in those preliminary figures, the number of pedestrians killed last year is estimated to have increased by 11 percent compared with 2015. That’s the largest annual increase in 40 years – the second largest being from 2014 to 2015.

What’s more, pedestrian deaths as a portion of the total number of traffic deaths has also risen, from 11 percent back in 2006 to 15 percent in 2015. Based on this preliminary data, it’s believed about 6,000 pedestrians died nationally last year. Four states – Florida, California, Texas and New York – accounted for 42 percent of those.

Now let’s talk specifically about state-level data.

In Florida in the first six months of 2016, there were 301 reported pedestrian accident deaths. That’s compared to 277 during the same time frame – January through June – of 2015, an 8.7 percent increase. It wasn’t the largest spike, but it was higher than the national average increase of 7 percent.

In terms of sheer numbers, Florida ranked No. 3, with California and Texas both counting more fatalities. However, consider that both of these states have population numbers that far exceed our own, which means the rate of pedestrian fatalities is much higher here than the other two states. New York ranked 4th.

The Florida Department of Highway Safety and Motor Vehicles released a report late last year detailing traffic accident deaths from 2015 as compared to 2014. With regard to pedestrian accidents specifically, state officials reported there were:

• 9,085 reported pedestrian accidents in 2015 – a 2.79 percent increase from a year earlier.
• 632 pedestrian accident deaths in 2015, an increase of 4.3 percent from the year before.
• 7,870 pedestrian accident injuries in 2015, a 1.72 percent increase from 2014.

Some of the strategies outlined by the GHSA to reduce pedestrian accident fatalities and injuries include:

• Separating pedestrians from motor vehicles by creating refuge islands, building more sidewalks and overpasses, provide ample crossing time at traffic signals;
• Making pedestrians more visible to drivers by improving street lighting and designing high-visibility crosswalks;
• Engineering and enforcing measures to lower speeds by creating “road diets,” roundabouts, traffic-calming devices (i.e., speed bumps and curb extensions) and automated enforcement in addition to traditional enforcement;
• Increasing public awareness through various public information campaigns.

If you have been injured or hurt in a Fort Lauderdale pedestrian accident, you may have a number of legal avenues from which to pursue compensation.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Pedestrian Traffic Fatalities by State, March 2017, GHSA

More Blog Entries:

FHP Launches Program to Help Solve Hit-and-Run Crash Cases, April 3, 2017, Pedestrian Accident Lawyer Blog

The are in which the teen was walking on the night she was killed is not lighted and has no sidewalks, according to the Florida Highway Patrol. The Palm Coast Observer reported the driver who struck her said he couldn’t see her due to her dark clothing. However, that this fact alone does not mean she is responsible for the crash, nor does it means her family is barred from pursuing litigation. These kinds of cases should be weighed by an experienced injury lawyer.

Recently, the National Highway Traffic Safety Administration (NHTSA) released its updated numbers on pedestrian accidents nationally. The results were not encouraging.more

In 2015, the most recent year for which national data is available, there were 5,376 pedestrian accident fatalities. This marked a 9.5 percent increase in the number of pedestrian deaths in just a single year. That’s the highest number since 1996.

On average, a pedestrian was killed every hour-and-a-half in this country and one was injured every 7.5 minutes.

Florida is an especially dangerous place for people on foot – and has been for some time. of the 2,939 people killed in traffic accidents, 628 were pedestrians. That was third only to California (732) and Texas (537), which both have populations that dwarf Florida’s – Texas has 7 million more people and California has 20 million more.

When it came to cities that had a high rate of pedestrian accident deaths, those with a population of 500,000 or higher, Jacksonville had one of the highest rates, with 4.31 per 100,000 population.

One in every five pedestrians killed were children 14 and younger. The 16-year-old Matanzas High School student killed in Palm Coast was walking on an area of road where a multi-use path for pedestrians and bicyclists is planned. Although the Florida Department of Transportation has approved a grant that will fund it and the city is about a third of the way complete designing it, ground likely won’t be broken for several more months at least.

Just two weeks before the fatal crash, residents had informed city leaders of the dangers along the road and of the pressing need for sidewalks. One resident responding to a citizen survey said residents there feel “forgotten.”

Now, after the teen’s death, they note that while sidewalks and multi-use paths may take time, street lights are easier and faster – and likely should have been installed a long time ago. The city had originally implemented a continuous street light program, but city council slashed that during the recession and never re-funded it.

Issues like this aren’t isolated to Palm Coast.

According to the most recent annual Dangerous by Design report, eight of the top 10 most dangerous metro regions for pedestrians are in Florida. The 11th is Miami-Fort Lauderdale – West Palm Beach.

The number of pedestrian accident fatalities in Florida has been steadily climbing over the last 10 years. Victims are more likely to be older, poorer and minorities, the study found.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Residents push for more street lights after teenager is struck and killed walking after dark, March 14, 2017, By Jonathan Simmons, Palm Coast Observer

More Blog Entries:

Poor Road Design, Inadequate Signage Blamed in Car Accident, Feb. 19, 2017, Fort Lauderdale Pedestrian Accident Lawyer Blog

That’s according to a new study, Dangerous by Design 2016, conducted by SmartGrowth America, in concert with the National Complete Streets Coalition. In fact, eight of the ten most dangerous metro areas to walk in the nation are in Florida. Those regions in the top 10 are:

• Fort Myers
• Palm Bay/ Melbourne
• Orlando
• Jacksonville
• Daytona Beach
• Lakeland/ Winter Haven
• Tampa/ St. Petersburg
• North Port/ Sarasota

The Miami/ Fort Lauderdale/ West Palm Beach region was listed at No. 11 nationally. This was out of the 104 largest metro areas in the country.

The statistics were also broken down by state, and of course, Florida was No.1.

The report explains that more 46,100 people have died after being struck by a vehicle while walking between 2005 and 2014. In 2014, which is the most recent year for which information is available, there were 4,884 pedestrians who lost their lives in America. That’s 13 people every single day who were struck and killed by a car while walking. To put that into perspective, you are more likely to be killed as a pedestrian than you are to die in a natural disaster.

As our Fort Lauderdale pedestrian injury lawyers know, every single one of these individuals is someone’s child, parent, spouse, friend, neighbor, co-worker or classmate. These tragedies are occurring everywhere – from small towns to bustling metropolises.

Some troubling details uncovered in the report, specifically with regard to who is most at-risk:

• Minorities are vastly over-represented in terms of pedestrians killed. People who are not white make up less than 35 percent of the population, and yet they comprise more than 46 percent of those killed in pedestrian accidents.
• People over the age of 65 are also over-represented. In fact, they are 50 percent more likely than those in younger cohorts to be killed by a motor vehicle while walking.
• The danger to pedestrians is tied to the median household income and the rate of those without health insurance. Essentially, those people who can least afford to suffer a serious personal injury are most likely to live in areas where it’s very dangerous to walk.

Victims of pedestrian accidents do have legal options, and those should be explored with an experienced injury lawyer. One of the first of those is to file a claim against the driver of the car, as most of these situations stem from negligence by the driver. If the crash was a hit-and-run, pedestrians may be able to file a claim with their own auto insurer (even though they were not driving) under the uninsured/ underinsured motorist coverage provision. There could also in some instances be possible third-party claims, such as dangerous road design or maintenance filed against the public entity responsible for the road or intersection.

As the report notes, streets in America have historically prioritized motor vehicles that move quickly – and only motor vehicles. The failure to take into better consideration the needs of pedestrians, bicyclists and those utilizing public transportation has meant these communities are much more dangerous for these vulnerable road users.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Walking In America Remains Dangerous — Especially In Florida, Jan. 10, 2016, By Laurel Wamsley, NPR

More Blog Entries:

Delray Beach Intersection Won’t Get New Light, Despite Fatal Crash, Dec. 10, 2016, Fort Lauderdale Pedestrian Accident Lawyer Blog

He was one of 7,870 people injured in pedestrian accidents in Florida last year, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The agency’s latest traffic accident statistics report indicates there was a nearly 2 percent increase in pedestrian injuries in the Sunshine State last year. There was a 3 percent increase in the number of overall pedestrian crashes (from 8,838 in 2014 to 9,085 in 2015), as well as a 4.3 percent increase in the number of pedestrian accident fatalities (from 606 in 2014 to 632 in 2015).

The total number of traffic accidents last year was 374,342 – a 9 percent increase from the year before. Pedestrian accidents comprised 2.4 percent of all traffic crashes, but 23.6 percent of all fatal crashes last year.

Broward County accounts for a substantial number of overall pedestrian accidents in Florida – 1,098 last year. That was a 3.5 percent increase from the year before. In both years, there were 60 fatalities, while injuries increased from 950 to 980. In Miami-Dade, there was a 5.4 percent increase in pedestrian accidents, from 1,522 in 2014 to 1,604 in 2015. The number of pedestrian accident deaths in Miami-Dade spiked 21 percent just in that one year alone, from 77 to 93. Injuries from pedestrian accidents in Miami-Dade last year were 1,440, compared to 1,390 the year before.

The report doesn’t offer any insight as to why we are seeing this uptick in pedestrian accidents, but we do know that Florida historically has always had one of the highest rates of pedestrian accidents nationally. A report in 2014 by Smart Growth America revealed Florida cities -including Miami/Fort Lauderdale – topped the list of the most dangerous places to walk in America. A big part of the reason why is because roads were designed to accommodate fast-moving vehicular traffic, and was not structured with bicycle or pedestrian travel in mind. Although an increasing number of cities are adopting “Complete Streets” initiatives, it apparently isn’t happening fast enough, as seen by the uptick in pedestrian fatalities.

It’s worth noting that traffic accidents overall are up, which analysts have largely attributed to an overall increase in motor vehicle traffic, mostly owing to an improved economy.

What complicates so many of personal injury claims involving pedestrian accidents is that a substantial portion are hit-and-run. In many cases, plaintiffs must rely on applicable uninsured/ underinsured motorist coverage.

The case out of Lakeland is somewhat unique in that plaintiff is not claiming negligence against the driver of the car, but rather the police officers who were reportedly entrusted with his care. According to The Ledger, police and paramedics were called to the scene of an intoxicated person by the road early one morning. They arrived to find plaintiff, highly intoxicated. Officers promised paramedics they would transport the man to the hospital. However, instead of taking plaintiff into custody and transporting him, as they promised, they reportedly allowed him to simply walk away. It is alleged by plaintiff that the officers were behind on ticket quotas and didn’t want to deal with the time and paperwork that a hospital visit would entail.

An hour later, plaintiff was reportedly laying in the middle of the road when he was struck and dragged beneath a vehicle. The impact of this crushed his pelvis, legs and ribs, lacerated his liver, urethra and abdominal wall, fractured his face and resulted in a brain bleed. At the time, his blood-alcohol level was more than three times the legal limit. He was in the hospital four months and underwent numerous surgeries.

Plaintiff alleges the officers owed him a duty to make sure he was safe from danger – including the foreseeable danger of leaving an intoxicated person incapable of caring for himself alongside a major roadway in the dark, early morning hours.

An internal affairs investigation by the police department cleared the officers. The police said they spoke with plaintiff to make sure he could make rational decisions and he had insisted he did not want money for a taxi or a ride home.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Lawsuit filed against Lakeland police, city in pedestrian accident, Nov. 2, 2016, By Suzie Schottelkotte, The Ledger

More Blog Entries:

Anderson v. Hilton Hotels Corp. – Florida Supreme Court Weighs Right to Attorney Fees for Injury Plaintiff, Nov. 14, 2016, Fort Lauderdale Pedestrian Accident Lawyer Blog

Unfortunately, it seems more and more accidents are involving pedestrians with strollers. Although there are no available statistics on the issue, the anecdotal evidence is mounting.

Take for example the most recent case in Florida, which occurred in Fort Lauderdale. According to the Sun-Sentinel, a mother and 18-month-old baby girl were rushed to a nearby hospital on a recent night after being struck by a car. The report was that mother and child in stroller were crossing Davie Boulevard in the crosswalk. The vehicle was traveling eastbound.

Officials at this point have not cited anyone or indicated who may be at-fault in the crash, which occurred shortly after 6:30 p.m., but we know the driver stayed at the scene. While interviewed by a local television news crew, driver Carmen Perez was quoted as saying, “In a fraction of seconds, she was under the car.” Perez insisted she was driving slowly, and appeared visibly shaken by the ordeal. The mother and toddler were listed in critical condition at Broward Medical Health Center.

The horrific scene mirrors another that occurred last month in Clearwater. There, according to NBC affiliate News Channel 8, a two-vehicle collision also resulted in a mother and child in a stroller being struck as they traversed the adjacent sidewalk. A witness to that accident told local news reporter that the baby was thrown into some bushes nearby when the vehicle struck the stroller. The baby, she said, was bleeding from the chest and nose and was gasping for air as her mother, who was also injured, cradled her. She was just two-months-old.

Medics were able to stabilize the infant in order to fly her to All Children’s Hospital in St. Petersburg. Her injuries were serious, but not believed to be life-threatening. Investigators say the crash was caused when a 78-year-old driver of a smart car attempted to turn left and failed to yield to a vehicle in the opposite direction, driven by a 19-year-old. The older driver struck the vehicle of the younger driver, and one of those cars struck the mother and child who were at the corner of the intersection, on the sidewalk. The two drivers were also hospitalized, but their injuries were not as serious.

And back in September, a 16-year-old girl was killed in Port St. John (near Orlando) when she her boyfriend, who was pushing a baby stroller, were struck from behind while walking in the middle of a road by a 42-year-old passenger car driver. According to ClickOrlando.com, The boyfriend and the 19-month-old baby girl suffered serious injuries, but the 16-year-old girl survived. The driver told troopers it was dark and she never saw or expected the three in the roadway.

Our Fort Lauderdale car accident attorneys understand the varying circumstances of these cases will impact the type and amount of compensation these victims can receive. It’s imperative those injured contact a law firm with proven success to ensure no option is left off the table.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Woman, toddler crossing Fort Lauderdale street struck by SUV, officials say, Dec. 14, 2015, By Linda Trischitta, Sun Sentinel

More Blog Entries:

Porsche Points Finger at Paul Walker for Crash That Killed Him, Dec. 13, 2015, Fort Lauderdale Injury Lawyer Blog

Florida ranks No. 2 in the nation for the most pedestrian accidents that year – 501, to California’s 701. When population was factored in, Florida was also No. 2 – tallying 2.56 pedestrian fatalities per 100,000 population, versus Delaware, which had 2.70 pedestrian fatalities per 100,000 people. Delaware counted a total of 25 pedestrian deaths that year. According to the Florida Pedestrian and Bicycle Strategic Safety Plan, Broward County ranked No. 2 in the state for both fatalities and injuries. Miami-Dade ranked No. 1 for both.

Pedestrian crashes are more likely to result in fatal or serious crashes than any other type of traffic accident. Most of these incidents happen mid-block without crosswalks, at intersections, areas influenced by intersections, at driveway access points, railroads, bridges and public bus stops. Parking lots too can also be dangerous areas.

In most cases of vehicle vs. pedestrian, it is the motor vehicle driver who is to blame. The driver doesn’t see the pedestrian or isn’t paying proper attention. Many victims may be entitled to compensation via a number of different avenues, but it will depend on the circumstances. Pedestrian accident victims and their loved ones must seek experienced legal council because despite the statistics, there is still much that has to be proven in order to secure damages against a driver. This is especially true where a pedestrian may have shared some responsibility for what happened.

To be clear: Sharing part of the blame does not mean a pedestrian can’t collect damages. It does mean overall damages are likely to be reduced. The exception will be if a court determines the pedestrian was solely the one at fault.

That’s what was alleged in the recent Florida Second District Court of Appeals case of Panzera v. O’Neal and Publix, where a pedestrian entered and attempted to cross a multi-lane interstate on foot one morning shortly before 3 a.m. According to court records, Anthony Panzera, 25, walked to the interstate, climbed a fence and entered the interstate, where he was struck by a semi tractor-trailer driven by a Public employee. Pedestrian was wearing a dark shirt and there were no street lights in the area where this occurred The truck speed was capped at 65 mph – 5 mph below the speed limit. Truck data recorders indicated the 45-year-old driver did attempt to stop suddenly, but was unable to avoid a collision.

No criminal charges were filed in the case, as a Florida Highway Patrol trooper concluded Panzera caused the crash and there was nothing the trucker could have done differently to avoid it. Panzera’s parents filed a wrongful death lawsuit against the driver and his employer. The problem was they submitted no evidence to refute the expert witness testimony and conclusions from the FHP. Trial court granted summary judgment, and parents appealed. The 2nd DCA affirmed.

The court cited case law in noting that in a negligence lawsuit, summary judgment would be improper unless defendant can establish unequivocally the absence of negligence OR that plaintiff’s negligence was the sole proximate cause of injury. That is, plaintiff’s can collect damages on even 1 percent of defendant’s fault.

Here, the appellate court noted plaintiffs had raised only speculative, rather than genuine, issues of material fact. The only evidence presented was testimony from the pedestrian’s parents, who insisted the truck driver could have done more to avoid the crash, and these conclusions were based only on their own personal review of the scene post-crash. Neither have any experience in accident reconstruction and they weren’t there at the time of the crash. Therefore, the court ruled these assertions aren’t admissible or reliable and summary judgment was proper.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Panzera v. O’Neal and Publix, Dec. 2, 2015, Florida’s Second District Court of Appeal

More Blog Entries:

Fatal Florida Car Accident Reported During Test Drive of a Vehicle, Dec. 6, 2015, Fort Lauderdale Pedestrian Accident Lawyer Blog