Drivers: Beware of Pedestrians – Scan the Roadway
Pedestrian v. motor vehicle accidents are far more common than 
you think. It happens thousands of times a year in Florida alone. Often, pedestrian accidents result in serious and sometimes catastrophic injuries or death. According to National Highway Traffic Safety Administration’s National Center for Statistics and Analysis, 501 pedestrians were killed in single-vehicle crashes in Florida in 2013.
Here, in South Florida, our sunny weather creates an environment for people to get out and about to walk, jog, stroll, or run. While South Floridians strive for an active and healthy lifestyle, our great weather and outdoor lifestyle increase the likelihood of pedestrian vs. motor vehicle crashes.
Generally, when a pedestrian is struck by a vehicle while the pedestrian is in the crosswalk, the motor vehicle driver is responsible; however, even if a pedestrian is not in a crosswalk, the motor vehicle driver still has a legal duty to scan the roadway and to exercise due care to avoid striking the pedestrian.
Under Florida Statute 316.130(15), “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution….” Therefore, a driver whose negligence causes or contributes to a pedestrian’s injuries – who is not in a crosswalk – could still be responsible for failing to exercise due care i.e. for failing to scan the roadway.
Drivers can avoid and/or lessen the risk of pedestrian accidents – at nighttime – by not overdriving their headlights – meaning, not driving too fast that their vehicle’s stopping distance is farther than the driver can see with the headlights, by slowing down in residential neighborhoods, by looking twice before approaching intersections, and by staying off cell phones and/or mobile devices while driving.
Pedestrians can also reduce the risk of these accidents by ensuring that they are aware of vehicles around them, by wearing bright and/or visible clothing, and by crossing in a crosswalk – when available.
According to the Insurance Research Counsel, a victim of a motor vehicle crash is likely to receive three (3) times more of a recovery for his or her injuries when represented by an attorney.
If you or a loved one have been hurt in a pedestrian vs. motor vehicle crash, feel free to call our office at (561) 366-9099 to discuss your rights.
