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Florida Personal Injury

Pedestrian Traffic Injuries and Fatalities

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Walking is a basic form of transportation. But unfortunately, walking — even on the sidewalk — isn’t always safe, especially in Florida. Nationally, pedestrian traffic fatalities increased by 11 percent between 2015 and 2016, according to the Governors Highway Safety Association. The GHSA report also found that pedestrian deaths increased by 25 percent between 2010 and 2015.

Four states accounted for 42 percent of all pedestrian fatalities: California, Florida, Texas and New York. Too many pedestrians are also injured in traffic-related incidents.

Examples of Pedestrian Injuries and Fatalities in Florida

A pedestrian recently filed a personal injury lawsuit for injuries he allegedly sustained when a motorist backed into him on SW 12th Avenue in Fort Lauderdale, near the State Road 84 intersection. The pedestrian claims that the driver failed to check behind him before backing up and didn’t exercise the standard level of care (what a reasonable driver would do) in operating his vehicle.

In March 2018, a 68-year-old grandmother was killed while crossing Beach Boulevard at Discovery Way in Jacksonville. A hit-and-run driver struck her and a friend before fleeing the scene. Police say the culprit might have been driving a 2016-2018 Honda Civic. The grandmother died at the scene of the accident, and her friend sustained minor injuries.

In February 2018, a 29-year-old man veered into the opposite lanes of traffic and onto a sidewalk, hitting five pedestrians (including two infants). All five pedestrians were taken to the hospital and the infants were listed in critical condition, according to Miami Beach police reports. The arresting officer wrote that the driver appeared impaired at the time of the accident, possibly under the influence of drugs.

Filing a Personal Injury or Wrongful Death Lawsuit in Florida

The most important thing to remember is that you only have a limited time from the date of the accident to file a personal injury or wrongful death lawsuit. The deadline (known as the statute of limitations) for filing a personal injury lawsuit is four years from the date of the accident, while a wrongful death claim must be filed within two years of the death.

Also keep in mind that Florida is a comparative fault state. This means that if you contributed to your injury in any way, perhaps by not looking both ways before crossing the street or by illegally crossing, then you cannot recover the full extent of your damages. The compensation you are entitled to will be reduced by your percentage of fault. That percentage is typically determined by a jury.

Contact Us Today

Contact a Fort Lauderdale personal injury attorney at The Pendas Law Firm today for a free consultation if you are a pedestrian who was injured, or if your loved one was killed, by a negligent driver. We will help you file a personal injury or wrongful death lawsuit and recover the compensation that you deserve.

The Pendas Law Firm also represents clients in the West Palm Beach, Orlando, Fort Myers, Miami, Tampa, Jacksonville, Daytona Beach and Bradenton areas.

Resources:

local10.com/news/crime/driver-arrested-in-miami-beach-crash-that-injured-5-pedestrians-including-2-infants

news4jax.com/news/1-killed-1-injured-in-southside-crash

ghsa.org/sites/default/files/2017-03/2017ped_FINAL_4.pdf

flarecord.com/stories/511380967-pedestrian-alleges-motorist-s-negligence-led-to-injuries

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