Posts in category: Pedestrian Accidents

Every day people get into car accidents. Sometimes those accidents are with other cars. Sometimes they are with bicycles. And sometimes they are with pedestrians.

In 2013, the National Highway Traffic Safety Administration (NHTSA) reported that there were 66,000 pedestrian injuries and 4,735 pedestrian deaths – more than 12 people each day – as a result of crashes with motor vehicles. And at least for the injuries, that number is somewhat conservative because many crashes that cause pedestrian injuries aren’t ever reported by police.

These high numbers bring up a variety of questions regarding pedestrian accidents:

• Is walking really that dangerous?
• When and where do accidents occur?
• Who’s to blame for these accidents – the vehicle driver or the pedestrian?
• Can these accidents, injuries, and deaths be prevented?

Let’s try to answer these pressing questions right now.

The Characteristics of a Typical Pedestrian Accident

Most of us walk somewhere every day. Whether it’s from a parking lot into work or a retail store, when we take the dog out, or even just walking to the mailbox, we are pedestrians.

The number of pedestrian accidents in 2013 amounted to someone getting injured every 8 minutes and someone getting killed every 2 hours. With these disturbing numbers, there have to be some conclusions we can draw about pedestrian accidents in general.

Let’s look at the data from the NHTSA.

Where Do Accidents Occur?

• Most pedestrian accidents – 73 percent – occur in populated, urban areas. 27 percent occur in more rural areas.
• 69 percent of accidents happened at non-intersections, 20 percent happened at intersections, and 10 percent happened at other locations, such as parking or bicycle lanes, sidewalks, medians, driveways, and so on.

When Do Accidents Occur?

• 72 percent of accidents happen in the dark, 25 percent during the day, and 4 percent at dusk or dawn.
• 26 percent of pedestrian fatalities happened from 6:00 p.m. to 8:59 p.m.
• 23 percent of fatalities happened from 9:00 p.m. to 11:59 p.m.

From this data, we can determine that if we plan to walk somewhere, we shouldn’t do it at night, especially in highly populated areas. Our best bet is to walk during the day, so cars and drivers can see you better. If you do have to walk at night, wear reflective clothing or carry some kind of light.

Also, most accidents don’t occur at intersections, where pedestrians should be crossing streets. So if you’re a safe pedestrian and you follow the traffic rules, you’re probably less likely to be involved in a crash.

Of course, that’s easy to say, but not always so easy to do in Florida, where many of our roadways were designed to accommodate drivers first and barely give pedestrians a second thought. Lawmakers are working to rectify this situation, but it’s something that won’t be fixed overnight.

Who is Responsible for Pedestrian Accidents?

Depending on the circumstances of the accident, a driver or a pedestrian could be to blame. Whether you’re walking or driving, you have certain responsibilities that you need to adhere to in order to ensure the safety of yourself and others.

If you are negligent in your responsibilities, then you could be held liable for the accident. Negligence is when you do or don’t do something that a reasonable person would to protect people from harm or risk.

So what are your responsibilities – both as a driver and as pedestrian?

Drivers have to be cautious and safe when driving. They have to:

• Remain distraction-free and concentrate solely on driving
• Stick to the speed limit
• Yield to pedestrians at designated crosswalks
• Use signals when turning
• Obey traffic lights and signs
• Drive carefully in inclement weather or traffic conditions
• Pay extra attention in areas where children may be
• Not drive under the influence of alcohol or other drugs

Pedestrians also have to be cautious and safe while walking. They have to:

• Follow traffic signals indicating when it’s safe to walk and when it’s not
• Use the properly marked crosswalks
• Stick to common sense traffic rules, such as don’t dart out in front of cars or don’t jaywalk
• Avoid crossing highways or roadways without a pedestrian area
• Be aware of their surroundings

If a driver or a pedestrian fails to follow their “rules” and an accident occurs, either person could be held liable if they were the one who caused the accident.

Also, if both the pedestrian and the driver didn’t really do anything wrong, but the conditions of the road, sidewalk, parking lot, or something else caused an accident, then whoever is responsible for that maintenance could be held liable.

The bottom line is that many pedestrian accidents can be prevented. So it’s extremely important, regardless of whether you are the driver or the pedestrian, to make sure you are fully aware of your surroundings and that you are being safe and cautious at all times.

If, however, you are injured in a pedestrian accident, call the police, get medical help, and seek the help of an experienced Florida personal injury attorney to see if you’re entitled to compensation based on the circumstances of the accident.

According to several research studies, Florida roads are among the most dangerous in the country for pedestrians and cyclists alike. That’s why it’s such good news that Florida officials are finally taking steps to address this terrible problem.

In an attempt to make their cities safer for both cyclists and pedestrians, Mayors in Boca Raton, Delray Beach, and Boynton Beach have all promised to spend the next year developing safer routes throughout the city. Plans include developing bike lanes, walking paths, and trails, in addition to redesigning major roadways to make the streets safer for pedestrians.

“South Florida has such a dismal record of bike and pedestrian safety,” said Boca Raton Mayor Susan Haynie. “This is raising awareness, lifting up the importance of bike and pedestrian safety and creating some goals.”

Tequesta, West Palm Beach, and Lake Worth have also promised to make their neighborhoods safer for foot and bike travelers. The push for safer streets is part of a larger effort by the US Department of Transportation to improve the walkability of cities nationwide.

Increased Awareness Leads to Change

“We’ve had an increased awareness of pedestrian and bike issues in Palm Beach County,” said Nick Uhren, the transportation agency’s executive director, to the Sun Sentinel. “It’s a great opportunity to jump on this.

A huge reason for that increase in awareness is due to reports like “Dangerous by Design,” conducted by Smart Growth America. The report found that of the five most dangerous cities in America for pedestrians, four are in Florida.

To combat this problem, Boynton Beach city officials plan to lay out a comprehensive plan to create a large network of bike lanes, sidewalks, and trails. The city manager’s office hopes to finish the changes by the end of this year. One part of the plan will be executed through street maintenance. Whenever a road is repaved, the city hopes to add a bike lane during the construction. Boynton Beach is also considering adopting a “complete streets policy,” meaning roads will be built with the safety and comfort of pedestrians in mind – not just cars.

In Boca Raton, the city has made significant progress in developing bike lanes and trails. The next big effort may be to create a buffer zone between cars and people on Boca Raton roads.

“We need to protect pedestrians and bicyclists from traffic,” said Mayor Haynie. “I believe more people would walk and bike if they were separated from traffic.” But she also believes part of the issue is distracted walking. Haynie stated that pedestrians should be more aware of the danger of using a cell phone while walking, whether for texting, browsing the web, or making phone calls.

Mayor Cary Glickstein of Delray Beach claims that the push for pedestrian safety has been a central concern of his office for some time. He says recent efforts only reinforce what the city has already been doing.

“We’re constructing sidewalks,” he said. “We’re improving adding bike lanes. The end game is to have complete streets where we can.”

Holding Negligent Drivers Accountable

While the focus of city officials has been centered on improving sidewalks and other pedestrian routes, much of the responsibility remains in the hands of Florida drivers. Unfortunately, negligent drivers play a critical role in pedestrian deaths.

Sometimes it’s an intoxicated driver, sometimes a distracted one. Whatever the reason, poor drivers should be held accountable for their negligence. If you or someone you love has been injured by the reckless decisions of another driver, you can hold them accountable with a personal injury lawsuit.

Contact us today if you think you may have a claim. You could be entitled to compensation for medical bills, lost wages, and other recovery-related costs.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.