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Originally Posted On: https://boddenbennettlaw.com/who-can-be-held-liable-for-a-distracted-walking-accident-in-south-florida/
Who Can Be Held Liable For a Distracted Walking Accident in South Florida?
In South Florida, keeping pedestrians safe is a big worry. Distractions are everywhere. From smartphones and tablets to GPS devices and headphones, it seems that everyone is constantly engaged with some form of electronic device. While this connectivity can be a convenient and entertaining part of modern life, it also comes with its fair share of dangers, particularly when it spills over into our everyday activities, like walking.
In recent years, there has been a sharp increase in the number of pedestrian accidents caused by distracted walking. In fact, South Florida has seen its fair share of these incidents, with distracted pedestrians becoming a common sight on the streets of Miami, Fort Lauderdale, and other major cities in the region.
Picture this: you’re walking down the sidewalk, engrossed in a text message conversation on your phone, when suddenly, out of nowhere, you hear a loud car horn blaring. Startled, you look up just in time to see a vehicle screeching to a halt inches away from you. This seemingly close call highlights the potentially disastrous consequences that can arise from distracted walking accidents.
But who can be held liable when a distracted walking accident occurs? Is it solely the pedestrian’s responsibility, or do other parties share the blame? In this article, we will delve into the intricacies of distracted walking accidents in South Florida and explore the potential legal implications for all parties involved. So, if you’ve ever wondered about the legalities surrounding this modern phenomenon, keep reading to discover the answers.
Drivers who are not paying attention are often to blame. But, walkers who are not careful can also be partly to blame for accidents. A good lawyer in Florida can show that a pedestrian who doesn’t follow the rules or jaywalks can be partly responsible for the crash.
Key Takeaways
- Distracted walking can lead to accidents in South Florida, even if drivers are mostly to blame.
- Pedestrians who break traffic laws, like jaywalking, can be partly to blame for their injuries.
- Florida’s laws say everyone can share the blame, so damages are cut down based on how much each person was at fault.
- Good lawyers can make a strong case to hold walkers responsible, even if the driver was mostly at fault.
- Knowing who is liable in distracted walking accidents helps pedestrians protect their rights and get fair compensation for their injuries.
Understanding Distracted Walking Accidents in South Florida
Florida is one of the most dangerous places for walkers. The Florida Department of Highway Safety and Motor Vehicles says, in 2018, there were 9,356 crashes involving pedestrians. Sadly, 1,543 of these crashes caused serious injuries. That year, 720 pedestrians lost their lives. Using phones or other devices while walking is a big reason for these accidents.
Florida’s High Pedestrian Accident Rate
Many things make Florida dangerous for walkers. It has a big population, crowded cities, and warm weather that makes people want to walk. But, distracted walking is a big problem too.
Distractions Aren’t Just for Drivers
People often talk about distracted driving, but not distracted walking. In Florida, many adults and teens use their phones or devices while walking. This is risky for them and others. A study by the American Academy of Orthopedic Surgeons (AAOS) in 2015 found 78% of people think distracted walking is a big worry.
| Type of Distraction | Percentage of Distracted Pedestrians |
|---|---|
| Smartphone use | 65% |
| Listening to music | 15% |
| Talking to others | 10% |
| Other activities | 10% |
This shows that using smartphones is the main distraction for walkers in Florida. We need more awareness and safety steps to fix this issue.
Distracted Walking Is Technically Legal in Florida
In Florida, there are no laws against using smartphones or other devices while walking. But, if distracted walking causes traffic violations or accidents, you could be liable. Pedestrians must follow traffic laws. This means using crosswalks and following signals. If you don’t give the right of way or jaywalk and cause an accident, you could be partly to blame.
In 2017, Florida saw nearly 10,000 pedestrian accidents. From 2015 to 2017, accidents went up by 3.49%. Injuries rose by 4.23%. But, the number of deaths went down by -1.20%.
Florida uses a comparative negligence law. This means you can still get compensation if you are partly to blame, but the amount you get will be less. So, if you were distracted while crossing the street and got hit, you might still get some money if the driver was also at fault.
| Year | Total Pedestrian Accidents | Pedestrian Injuries | Pedestrian Fatalities |
|---|---|---|---|
| 2015 | 9,085 | 7,870 | 632 |
| 2016 | 9,191 | 7,956 | 646 |
| 2017 | 9,420 | 8,126 | 659 |
Distracted Walking Affects Drivers Too
Distracted walkers can cause accidents, even if they don’t get hurt. When drivers see a walker not paying attention, they might swerve to avoid them. This can lead to crashes with other cars, objects, or people.
These crashes can cause a lot of damage and hurt people. They also make insurance claims complicated.
Potential for Multi-Vehicle Collisions
A recent survey found that 76 percent of drivers saw pedestrians using their phones. This shows how risky it is for walkers to be distracted. Seventy-nine percent of drivers said there are more distracted walkers now than before.
| Statistic | Value |
|---|---|
| Pedestrian fatalities in America increased by 25% from 2013-2017 | 25% |
| Drivers who saw pedestrians distracted by their phones | 76% |
| Drivers who reported an increase in distracted pedestrian behavior over the past 5 years | 79% |
| Pedestrian fatalities that occurred between 6 p.m. – 6 a.m. in 2017 | 4,297 |
| Average pedestrians killed per day in crashes in 2017 | 16 |
These numbers show how big a problem distracted walking is for drivers. Drivers need to stay alert to avoid accidents caused by walkers not paying attention.
Distracted Walking Can Cause Grave Injuries
Distracted walking is a big problem in South Florida. It leads to serious injuries, sometimes even life-threatening ones. Just one moment of not paying attention can lead to a big crash.
Common Pedestrian Injuries from Accidents
Crashes from not paying attention can be deadly. Those who survive might get very bad injuries. These can include:
- Broken bones – Even a small crash can break bones. A car hitting a pedestrian can be very violent.
- Skin lacerations – Crashes can cause deep cuts and scrapes that need a lot of care.
- Traumatic brain injury – Hits to the head can make it hard to think clearly for a long time.
- Serious bruising – The crash can cause big bruises and bleeding inside that might need a hospital stay.
People can get hurt not just from cars but also from falling things. This can happen to anyone, like walkers, workers, runners, bikers, kids, seniors, and others.
Florida leads the country in pedestrian deaths. Distracted walking is a big worry for everyone. Those who get hurt often need a lot of help to get better. They might need long-term medical care, rehab, and money help.
See other common causes of pedestrian accidents in South Florida.
Statute of Limitations for Filing Car Accident Lawsuits
In South Florida, you have two years after a car accident to file a lawsuit. This time limit helps you gather evidence, remember the accident, and track your recovery. It’s key to start your claim quickly.
Notifying insurers right after an accident helps with claims under personal injury protection or uninsured/underinsured motorist coverage. Quick action also means you can talk to lawyers Bodden and Bennett Law Group who can check and negotiate settlement offers with insurance companies.
Waiting too long to file a lawsuit can lead to it being thrown out by the court. This means you could lose your chance to get compensation for your injuries. But, if the at-fault driver wasn’t known at first, you might get more time to sue once their identity is found.
In Florida, you have two years to sue for car accidents or personal injuries. Wrongful death lawsuits must be filed within two years after death. These lawsuits cover lost income, funeral costs, and medical bills. They can be filed by certain family members of the deceased.
Florida uses the pure comparative negligence rule. This means victims can still get damages even if they’re mostly to blame. The damages are just reduced by their fault percentage. Also, in Florida, drivers must file claims with their insurance within 30 days, even if someone else caused the accident.
Distracted walking accident in South Florida
In South Florida, distracted walking accidents are becoming more common. This is because there are a lot of people walking and many ways to get around. The state’s rules on who is to blame and how much they should pay are special.
Florida’s Pure Comparative Negligence Rule
Florida uses a rule called pure comparative negligence. This rule says everyone involved in an accident might be to blame to some extent. Even if a walker is mostly to blame, they can still get some money back. But, the amount they get will be less if they are mostly at fault.
Lawyers look closely at what caused the distraction. They check the driver and the walker’s actions. This is hard because often, both sides were not fully careful. They then work out who is more to blame and how much to pay.
| Statistic | Value |
|---|---|
| Pedestrian injuries related to smartphone use while walking have more than doubled since 2004 | 60% of pedestrians engage in distracted walking, but only 29% report that they do so |
| 40% of Americans say that they’ve witnessed an incident caused by distracted walking | 90% of absent-minded walking cases involve talking on the phone, talking to another person, listening to music or podcasts, and using smartphone apps or texting |
| Last year in Florida, 643 pedestrians were killed and nearly 9,000 more seriously injured due to distracted walking | Almost three-quarters of those surveyed don’t think distracted walking is a serious issue |
In Florida, the way accidents from distracted walking are handled is complex. Even if a walker was partly to blame, they can still get some money. This rule affects how much money people might get or have to pay. It shows why it’s important to know about these accidents in South Florida.
Steps to Take After a Distracted Walking Accident
Being in a distracted walking accident is scary. But, it’s key to stay calm and act right to protect your rights and health. Here are steps to help you deal with what happened:
Call Emergency Services
The first thing to do is call emergency services right away. Tell them about the distracted walking accident and ask for help for anyone hurt. This gets quick medical care and makes an official report of the event.
Move to a Safe Location
If you can, move your vehicle to a safe spot on the side of the road. It prevents more accidents and keeps everyone safe. Don’t forget to turn on your hazard lights to warn other drivers.
Document the Accident Details
Write down as much as you can about the accident, like the names of the police who came. This info is key for your case and for giving evidence to the police or your insurance company.
By doing these things, you protect yourself and set up a strong case for your distracted walking accident claim. Stay calm, focus on safety, and collect all the info you need for your case.
High-Risk Groups for Pedestrian Accidents
In South Florida, some people are more likely to get hurt in pedestrian accidents. Kids, older adults, and people with disabilities are at the highest risk as high-risk pedestrians.
Kids under 15 are often hurt or killed in these accidents. They are small, move less, and might not think things through around traffic. This makes them very likely to get hurt.
Seniors over 65 are also at big risk. They make up a lot of pedestrian deaths and 10% of pedestrian injuries. As they get older, they might see and hear less, making it harder to cross streets safely.
Pedestrians with disabilities also face big risks. They might have trouble moving or seeing, which makes it hard to react fast to cars.
| High-Risk Group | Percentage of Pedestrian Fatalities | Percentage of Pedestrian Injuries |
|---|---|---|
| Children (under 15 years old) | 20% | – |
| Seniors (65 years and older) | 20% | 10% |
| Pedestrians with Disabilities | – | – |
Knowing who is most at risk helps us make better safety plans. This can help lower the number of pedestrian fatalities and pedestrian injuries in South Florida.
Consequences for Pedestrians Hit by Vehicles
Pedestrians hit by cars often face big problems. They can get serious physical injuries and have to deal with big medical bills. These injuries can be very bad, like broken bones, bleeding inside, brain injuries, or spinal cord damage.
Physical Injuries and Emotional Trauma
Being hit by a car can also hurt a person’s mind. They might get PTSD, feel anxious, or depressed. These feelings can really change how they live their life.
Financial Burden of Medical Bills and Lost Income
Getting hit by a car can also be very expensive. Medical bills, rehab costs, and missing work can pile up fast. This is hard for people because they might not have personal injury protection (PIP) insurance.
If a pedestrian gets hit, they might be able to get money for their injuries and lost wages through a claim. But, it’s a tricky process. Getting help from a skilled personal injury lawyer is key. They make sure the pedestrian gets the right compensation.
Conclusion
Distracted walking accidents in South Florida can lead to serious injuries and big emotional and financial problems for walkers. Even though Florida doesn’t have laws against distracted walking, walkers who cause accidents can still be blamed. If you or someone you know got hurt in such an accident, it’s key to talk to a good personal injury lawyer. They can guide you through the legal steps and make sure you get the right payback.
The Bodden and Bennett Law Group is ready to help you. We can explain your rights and what you can do next. Don’t wait, contact us online or call (561) 806-5229 for a free evaluation of your case.
Distracted walking accidents are a big problem in South Florida. The state has a lot of deaths from walkers and more people not paying attention. By being careful and avoiding distractions, walkers and drivers can lessen these sad events. Always put your safety and health first. The Bodden and Bennett Law Group is here to protect your rights and help you get the support you need.
FAQ
Who can be held liable for a distracted walking accident in South Florida?
Drivers are often to blame in pedestrian accidents. But, walkers can also be liable if they don’t follow the rules or cross illegally. A good lawyer in Florida can look into it and figure out who should be blamed.
What are the dangers of distracted walking in South Florida?
Distracted walking can cause serious injuries or even death. It can lead to big crashes as drivers have to look at walkers instead of the road. These crashes can result in broken bones, brain damage, and other serious injuries.
Is distracted walking illegal in Florida?
Florida doesn’t have laws against using phones or other devices while walking. But, walking while distracted can lead to accidents and break traffic laws. Walkers must use crosswalks and follow signals.
How can distracted walking affect drivers in South Florida?
Distracted walkers can cause drivers to swerve and hit other cars or people. This can lead to big accidents with many cars involved. These accidents can cause a lot of damage and hurt people.
What are the common injuries suffered by pedestrians hit by vehicles in South Florida?
Pedestrians often get hurt badly when hit by cars. They can get broken bones, internal bleeding, and brain injuries. They may also feel sad and stressed, which can affect their mental health.
What is the statute of limitations for filing a car accident lawsuit in Florida?
You have two years to sue after a car accident in Florida. But, if you didn’t find out you were hurt until later, you might have more time. Florida courts might let you file your claim later.
How does Florida’s pure comparative negligence rule apply to distracted walking accidents?
Florida says everyone involved in a crash can be partly to blame. This means you can still get money for your injuries even if you were mostly at fault. Lawyers will look at everything that happened to figure out who is to blame.
What should you do if you are involved in a distracted walking accident in South Florida?
If you’re in an accident, call for help right away. Move your car safely if you can. Write down everything you remember, like police names, for your case later.
Which groups are at the highest risk of being involved in pedestrian accidents in South Florida?
Kids, seniors, and people with disabilities are most at risk. Kids under 15 make up a lot of pedestrian deaths. Seniors and those with disabilities are also more likely to get hurt because they can’t move or see as well.
What are the financial and emotional consequences of being hit by a vehicle as a pedestrian in South Florida?
Getting hit by a car can cost a lot in medical bills and lost wages. It can also make you feel very sad and stressed. You might be able to get money back through a lawsuit, but it’s a long process.
