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

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