Florida Roads Are Dangerous For Pedestrians
Data reported by the Governors’ Highway Safety Association (GHSA) shows that between 2010 and 2020, there was a 54 percent increase in pedestrian fatalities, compared to a 13 percent increase in all other traffic deaths. In Florida, this problem is compounded by several different factors that can make pedestrians less safe on the road. If you have been involved in a pedestrian-vehicle accident, you may have a claim for damages against the driver if certain criteria are true.
Why Do Florida Pedestrian Accidents Happen?
While it is generally the responsibility of a road user to try and avoid injuring other road users, there are sometimes outside factors that can increase the chances of pedestrian-involved accidents. For example, the semi-annual report from urban planning think tank Smart Growth America ranks four Florida metro areas as among the top ten most dangerous for pedestrians, citing a lack of infrastructure, inefficient roadway design, and poor choices in urban planning which can leave certain groups at higher risk of road deaths.
Florida’s demographics indirectly contribute to a higher percentage of pedestrian deaths in accidents as well; the state has the highest proportion of people over the age of 65 in the United States, as well as welcoming millions of tourists every year (who may not be familiar with the state’s rules of the road). However, as one might imagine, understanding why something may occur does not confer liability.
Am I Even Permitted To File Suit?
One thing that an injured pedestrian in Florida has to be aware of is that if you are a resident, your injuries may not be sufficiently serious to allow you to file a lawsuit; rather, you would be urged to file a claim with your personal injury protection (PIP) insurer. If you own a four-wheeled vehicle in Florida, you are required to carry PIP insurance, but what many do not know is that it follows the policyholder, rather than the vehicle. What this means is that if you have PIP coverage and are injured outside of your car, your PIP insurance may still cover some of your bills.
In addition, be advised that if you do plan to file suit against a driver for injuries you have suffered, you must do so with relative haste, as Florida’s statute of limitations for this kind of case is only two years. In other words, a person only has two years from the date of the accident in which they are allowed to file a lawsuit for injuries sustained in that crash – the rationale is that allowing more time will cause more memories and evidence to be lost. This may sound like a lot of time, but in reality, it can disappear fast. The sooner one can act, the better.
Contact An Orlando Pedestrian Accident Attorney
Being involved in an automobile accident is never an easy thing, even if you are in your own vehicle, but if you are a pedestrian, it is likely that your injuries are even more serious. An Orlando pedestrian accident attorney from the Hornsby Law Group can help answer your questions about the aftermath of your accident, and help to determine your best path forward. Contact our office today for a free consultation.
Source:
ghsa.org/resources/Pedestrians22
