How Fort Lauderdale Pedestrian Accident Victims Can Obtain Compensation for Injuries

Ansara Law Personal Injury Attorneys — Sat, 15 Jan 2022 14:53:05 GMT

Fort Lauderdale pedestrian accident victims may find it difficult to obtain full and fair financial compensation after their ordeal. For one thing, 1 in 4 Florida pedestrian accidents are hit-and-run crashes, meaning the driver who caused the crash fled the scene. Secondly, even if the driver stays, 1 in 5 are uninsured, despite statutory requirements. Finally, Florida is a no-fault car insurance state, meaning crash victims’ own insurer covers up to $10,000 in damages, and it’s only if you’re seriously injured that you can step outside of that no-fault system. Pedestrians aren’t required to have personal injury protection (PIP) coverage, though they can use it if they or a member of their household has it. More likely, they’d be relying on the driver’s PIP. But if the driver doesn’t have insurance or flees the scene, securing compensation becomes more challenging.

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

Fort Lauderdale Pedestrian Accident Risk Makes Race Runners Wary

Ansara Law Personal Injury Attorneys — Mon, 07 Aug 2017 12:47:26 GMT

Thousands of runners across Florida are in training for the upcoming half-marathon. Although the streets dedicated for the run will be blocked to traffic, a preventable tragedy at last year’s event still has many runners feeling wary.

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.