Bicycle & Pedestrian

According to DMV Florida statistics, in a recent year, 58 pedestrians were killed and 1,357 injured in 1,546 crashes involving pedestrians. During a ten year period, 5,149 pedestrians have lost their lives on Florida highways, and an additional 76,935 have been injured. In fact, one pedestrian is killed every two hours in the U.S. In Florida, 48% of pedestrians are killed when crossing the road but not at an intersection, just over 13% of pedestrians are killed when crossing the road at an intersection, and 6% are killed while walking along the road with traffic. Counties like Miami-Dade have the highest number of pedestrian fatalities in the state.

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Pedestrian accidents involving bodily injury can occur on streets, roads, avenues, boulevards, state roads, sidewalks, or crosswalks. They can be caused by cars, trucks, motorcycles, scooters, bicyclists, Uber or Lyft drivers, smart cars, or even golf carts. Even a car driving only 10 miles an hour may severely disable a pedestrian. The true tragedy of pedestrian accidents involving bodily injury is that the pedestrian has no protection and usually suffers the worst in any collision.

Common causes of pedestrian accidents include:

  •         Inattention
  •         Failure to observe speed limits
  •         Failure to use turn signals
  •         Aggressive driving
  •         Text messaging and cell phone use
  •          A driver impaired by alcohol or drugs
  •         Driver disobeying traffic signals or signs

Florida drivers have a legal duty to watch for pedestrians and any other potential hazards on the road. If you were injured by a motorist and have incurred medical costs or had to miss work, you may be entitled to financial compensation. Likewise, if a family member was walking and was killed by a motorist, you may be entitled to wrongful death damages.

Pedestrians are also sometimes partly responsible for accidents that result in their own injury but it’s important to point out that Florida law adheres to a comparative fault model, per Section 768.81 of the Florida Statutes, which means those injured are not stopped from collecting damages just because they shared some of the blame.

When negligent drivers fail to exercise an appropriate level of care on the road and their actions result in a bicyclist’s injury or death, they need to be held accountable. Our bicycle accident attorneys at the Law Office of Jose R. Fernandez, P.A. are proud to have helped countless cyclists take on negligent drivers and their insurance companies to recover compensation for their injuries and property damage.

Our specialized bike accident lawyers routinely pursue government agencies that have neglected to provide a reasonably safe environment for bicyclists to use. Not only does this assist our clients in reorganizing their lives after a traumatic bicycle accident, lawsuits put much needed pressure on all levels of government to make our roadways safer for riders and pedestrians.

Common causes of pedestrian accidents include:

  •         Drivers refusing to yield;
  •         Blind driveways that prevent drivers from seeing pedestrians;
  •         Speeding;
  •         Distracted drivers;
  •         Drunk drivers;
  •         Reckless drivers.

For a free consultation, please call us at the Law Office of Jose R. Fernandez, P.A.

Miami (305) 403-4422

Tallahassee (850) 577-0023

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