Brian S. Brijbag, Esq
Even as the number of fatal traffic incidents has dropped over the past 10 years, pedestrian accident casualties have risen by more than 35 percent. According to Smart Growth America’s Dangerous by Design report, Florida claims 8 of the Top 10 most dangerous urban locations for pedestrians and is the number 1 most dangerous state for pedestrians. The Tampa/St Petersburg area ranks as number 9 most dangerous metro area and Lakeland is number 5.
More than 5,400 of the nearly 50,000 pedestrians killed between 2008 and 2017 died on roads in Florida. Significant injuries were suffered by tens of thousands more individuals.
Filing Florida lawsuits for a pedestrian personal injury is somewhat different from filing lawsuits for auto accidents. Part of this is that it is almost always the pedestrian who suffers the injury, regardless of who was at-fault in a pedestrian accident, and those accidents are often substantial. In these cases, that means there is a lot at stake.
A Spring Hill personal attorney will help answer your questions and advocate on your behalf for just compensation.
Who is a Pedestrian?
A person is considered a pedestrian whom is “afoot”. That applies to individuals using roller skates or a wheelchair, but not bicycle riders.
It is expected that pedestrians will use sidewalks where they are accessible. Pedestrians can walk on the road if there is not a sidewalk, but they must face traffic (reducing the risk of accidents). Pedestrians, in a marked crosswalk, have the right-of-way, but a pedestrian trying to cross the road at a spot other than a crosswalk must yield to all automobiles.
It is expected that pedestrians will follow all traffic signals and only cross the road when the walk signal is on. It is illegal to stand in the road to get a friend’s attention, hold a parking space, or hail a taxi. Pedestrians should stay on the sidewalk.
Florida Pedestrian Personal Injury
There are three key reasons why Florida has so many incidents involving pedestrians:
- Our infrastructure was built for cars. The lanes are broad, the speeds are high, and sidewalks are not always present.
- Our population is expanding rapidly. More people means more cars and pedestrians which means more road users.
- Distracted driving is an ever increasing problem. According to the National Institutes of Health, drivers who are distracted increase the risk of a crash by 800%. The introduction of smartphones means that more drivers are continually distracted, as are pedestrians.
Why Are Pedestrian Accident Lawsuits Different Than Car Accident Claims?
Florida is known as a “no-fault” state for car insurance. That means that all drivers are supposed to carry $10,000 in insurance for personal injury protection (PIP) that will cover a portion of medical bills and missed wages, regardless of who was at fault.
If the injuries of the pedestrian are considered serious (significant / permanent loss of important body function, permanent injury, significant / permanent scarring or disfigurement, or death), then they can file with the at-fault driver’s insurance company that includes pain and suffering. If the negligent driver does not have insurance or does not have adequate insurance to cover the costs, those injured can make a claim against their own Underinsured/Uninsured (UM) coverage.
Since pedestrians are not expected to carry insurance to take a walk, pedestrian accident cases work a bit differently. However, if an injured pedestrian has an auto insurance policy (or is protected as a resident relative by the policy of another), if you are hit by a driver, you will make a claim with your own PIP policy carrier. (For the policy to apply, you do not have to be in the car.)
If the pedestrian has no vehicle or does not live with a relative who has auto insurance, the PIP of the driver should cover the medical expenses of the pedestrian. The driver’s PIP would not, however, cover pedestrian accidents if you are not a resident of Florida. But, in the 2001 case of Maldano v. Allstate, as one Florida appeal court observed, “For the typical tourist who is struck as a pedestrian … the bad news is: you are not eligible to receive PIP benefits.” The good news is: You can sue for all of your damages without regard to the no-fault threshold [as outlined in F.S. 627.737).” In other words, you may not be able to assert the PIP coverage of $10,000, but you have a better chance of claiming pain and suffering harm, which tends to be much greater than that PIP alone.
If both the pedestrian and the driver share fault, the driver can still be held liable, but his or her own fault would reduce the damage awarded to the pedestrian proportionately. For instance, if a pedestrian suffered damages of $100,000 but was 30 percent at fault, he or she would only be entitled to receive damages of $70,000.
The Law Firm of Brian S Brijbag 352-358-5880
Whether you or a loved one is suffering a significant injury or has been killed as a result of another’s unjust actions, then you might have a legal claim for damages as well as seeking justice against the offender. Brian S Brijbag PLLC’s Law Firm invites you to contact our Spring Hill office to arrange an initial No Cost legal consultation free of charge.
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