Accident Victims Outside Vehicles

When one thinks about road accidents, most of the time, they think of any victims as vehicle passengers. However, it is just as common – and in some states, even more common – for pedestrians and other road users to be injured in accidents involving larger vehicles. The most common non-passengers involved in these crashes are bicyclists and pedestrians (defined in Florida as “any person afoot”). If you have been injured while biking or walking, you can seek damages for what you have been through – and in many cases, doing so will not be as difficult as one might think.

Florida Roads Are Dangerous For Bicyclists

Data from the Florida Department of Highway Safety & Motor Vehicles (FLHSMV) estimates that as of early 2024, Florida leads the U.S. in bicycle deaths and injuries, with approximately 18 people being involved in an accident every day. There are several reasons for why this is – one is that Florida is a high tourism state, meaning that there are disproportionately more riders on the street who may not be aware of the rules of the roads. Another is that bicyclists simply have less protection when compared to drivers and passengers in automobiles.

If you have been injured in an accident with a larger vehicle while out on your bike, be aware that while a driver has a duty of care toward you, you also owe that same duty of care to them. If a court determines that you have been partially at fault for your own injuries, you may not be able to recover all of your damages because of this concept, known as comparative fault. If, for example, you are found to have been 25 percent at fault for your own injuries, you may only recover up to 75 percent of the damages you seek.

Pedestrians Suffer Most

Pedestrians, in comparison to bicyclists, are even more likely to be injured if out on a Florida road. Data from 2022 estimates that of the 10,000+ pedestrian accidents in the state, around 7 percent resulted in at least one fatality – however, as many as 77 percent involved at least one injury, whether minor or incapacitating. Between the overall lack of protections for pedestrians, and Florida’s relative lack of pedestrian infrastructure, this rate is not surprising – however, some of the injuries and fatalities are caused by sheer accident, while some are caused by negligence.

After an accident where negligence played a role, pedestrians are generally less likely to seek damages for their injuries simply because they can be quite severe. If you are able, however, it is generally a good idea to file suit, if nothing else because any award can help keep your family afloat while you focus on recovery, doubly so if you are the main breadwinner. You have the right to seek recovery; whether for personal injury or for wrongful death, negligence must be held accountable.

Contact A Maitland Auto Accident Attorney

Florida’s roads should be for everyone, but too often, this turns out not to be the case. If you have been injured while biking or walking in Florida, a Maitland auto accident attorney from the Hornsby Law Group can help you get the compensation you deserve. Contact our office today at (407) 871-6375 to schedule a free consultation.

Source:

https://www.news4jax.com/news/florida/2024/01/03/florida-leads-the-nation-in-bicycle-deaths-report-reveals/