Pedestrian Injuries

Pedestrian Injury Lawyers

Advising Pedestrian Injury Victims with Dedication and Compassion

Pedestrian Injuries:

With all the vehicles on the road today, and all the things out there distracting drivers it can be dangerous to cross the street. Pedestrian fatalities have risen a staggering 27% between 2007 and 2016. Pedestrians now account for 16% of motor vehicle related deaths as of 2016. Pedestrians now make up a larger portion of traffic fatalities then they have done in the past 33 years. 

If you were injured in a pedestrian accident, contact Retamar & Millian, P.A. for a free consultation.

Determining Negligence:

Determining the negligence in pedestrian injury cases can be complicated. There are many factors which need to be taken into account. As a pedestrian you need to ask yourself: Were you jaywalking or using a designated crosswalk? Were you paying attention? Did you look both ways? You also need to know if the driver was behaving negligently. Did they run a red light? Were they over the speed limit? You should also get witness information whenever possible, the more people that can verify your account of the accident the better.

Responsibility:

In general Florida law pedestrians have the right of way if traffic control signals are not currently in operation. Fla. Stat. 316.130. In the case of children, if they are injured by running into the street it’s important to note if there is a school or playground in the area. Signs are posted in these areas and drivers should be aware of the possibility of children. Thus this can show the driving was not taking the necessary precautions to avoid an accident. This can also demonstrate that the child involved was not properly supervised or provided with crossing assistance if in a school area. 

There can also be instances in which a third party is held responsible for a pedestrian accident. For example, if a crossing signal malfunctioned or a traffic light did not work properly you may be able to hold the local municipality responsible for negligence. 

Pedestrian Injury Statistics:

• In 2016 on average a pedestrian was killed in traffic every 1.5 hours.
• Pedestrians have a 90% average chance of surviving a crash at 19 mph, but only a 50% at any higher speed.
• Distractions due to electronic devices such as cell phones are the number three case of pedestrian fatalities as of 2018.
• 74% of pedestrian casualties happen at night, 72% of those were not using proper crosswalks.
• Each year 15% of pedestrians killed are hit by a legally drunk driver. 34% of pedestrians killed are legally drunk at the time. 

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