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

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

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

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

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