Crosswalks exist to allow pedestrians safe access across a busy road or areas that would otherwise be dangerous to someone on foot. Unfortunately, many drivers do not respect a pedestrian’s right of way in these crosswalks, or are simply not paying proper attention to a person crossing. When drivers hit pedestrians in crosswalks, the injuries these victims face can be catastrophic as well as life threatening. Miami pedestrian accident lawyer Robert Dixon is dedicated to making sure irresponsible motorists are held accountable for the harm they cause, assisting victims as well as families in pursuing personal injury or wrongful death claims arising out of these devastating accidents. Mr. Dixon and his staff at the Law Offices of Robert Dixon offer experienced and compassionate legal guidance to residents across South Florida including Miami-Dade, Broward, and Palm Beach Counties. We understand the uphill battle victims face after being hit by a car, and work to ease the stress of worry about the legal process so that they can focus on recovering and not how to pay for that recovery. If you’ve been injured as a pedestrian in a crosswalk, or a loved one has passed away due to such a tragic accident, please contact our office to today and schedule a free consultation to talk to an attorney about your legal options.
The beautiful weather in South Florida lends itself to pedestrians enjoying the roads. Unfortunately, it also leads to thousands of people being injured by motorists each year. In 2012, over 7,000 pedestrians were hurt in car accidents, according to statistics released by the Department of Highway Safety and Motor Vehicles.
Despite Florida law giving pedestrians in crosswalks the right of way, many drivers fail to stop, leading to serious injuries. Some people may even hit a person and flee the scene. A hit and run accident is when a driver strikes another vehicle, pedestrian, or bicyclist but fails to stop and exchange information or otherwise help the injured individual. Under Florida statute, an uninjured motorist involved in an accident is required to stop immediately and as close to the scene as possible, provide his or her information to the injured parties and help them get access to medical treatment if necessary or requested.
Crosswalks Accidents
The main objective of a crosswalk is to provide a safe walkway for pedestrians. Under Florida statute, a crosswalk is defined as “that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.” Crosswalks are also any other part of the road at an intersection that is clearly designated for pedestrians to cross either with markings or lines. Crosswalks do not only have to be marked – the same rules govern an unmarked crosswalk as those with markings.
Certain traffic rules govern pedestrian-motorist interactions in a crosswalk and who has the right-of-way in certain situations, such as:
- When an intersection is controlled by a traffic signal, drivers are required to stop before coming into the crosswalk, not just yield to a pedestrian. Drivers must stay stopped when a pedestrian has the signal to cross or is stepping into a crosswalk.
- When a driver has stopped for a pedestrian at a crosswalk, no other drivers are permitted to overtake or pass the vehicle that has stopped.
- When pedestrians are crossing a road not using a crosswalk, they must yield the right-of-way to all motorists.
When there are no traffic signals, or signs indicating who has the right-of-way, drivers are required to yield to pedestrians if that pedestrian is in a crosswalk, on the same side of the road as the driver; or if a pedestrian is approaching closely from the opposite half of the road such that the driver failing to yield would be dangerous.
Suing for Negligence
Failing to follow these rules can create dangerous situations and lead to pedestrian accidents in crosswalks. Pedestrians injured by a driver’s failure to follow the rules of the road may be compensated for their injuries by filing a personal injury suit based on negligence, and a skilled accident lawyer can help. Negligence exists when a driver breaches his or her duty to act as a reasonable and prudent person would under the given circumstances. This duty is imposed on as well as owed to all motorists and road users, including pedestrians. When a driver fails to act reasonably, for example, by speeding through a crosswalk without looking or while distracted by a phone, he or she could be held liable for the harm caused. Pedestrians are also responsible for maintaining their own duty of care. However, even if a pedestrian is partially negligent in causing his or her own injuries, legal action may still be available. Florida follows a ‘pure comparative fault’ scheme of negligence, allowing recovery of damages to victims in proportion to each party’s degree of liability. Therefore, if a pedestrian is found to be responsible for 70 percent of an accident, he or she can still recover 30 percent of the total damage award from another negligent party.
Protect Your Rights by Filing a Negligence Claim
If you’ve been hurt in a crosswalk collision, you can try to hold the driver responsible by filing a personal injury lawsuit. To recover damages, the victim usually bases his or her claim on the legal theory of negligence. To demonstrate a driver was negligent, it is necessary to prove:
- The driver owed the victim a duty to operate the vehicle with reasonable care;
- That duty was violated, or breached;
- The breach was a proximate cause of the victim’s injuries; and
- Actual, quantifiable damages arose from the accident that can be compensated.
All drivers must operate their vehicle in a manner consistent with a reasonable and prudent person in similar circumstances. For example, someone who speeds through a crosswalk and strikes a pedestrian would not typically be considered in compliance with this standard, since most ordinary drivers would not engage in such risky actions. If the victim can draw a direct causal link from this careless behavior to the collision in which he or she was hurt, it is likely that he or she can hold the driver liable for any economic or non-economic damages that he or she identifies. Forms of compensation available for a pedestrian injured in a crosswalk may include past and future medical expenses, pain and suffering, and loss of income and earning capacity.
Unfortunately, sometimes these collisions result in a fatality because pedestrians lack protection from the vehicle that strikes them. In such circumstances, the victim’s family may pursue a wrongful death lawsuit so that they may be compensated for expenses such as funeral and burial costs or loss of consortium. It is important to consult a knowledgeable attorney if you believe you may have a claim, for lawsuits can be time-barred if they are not filed within the appropriate statute of limitations. In Florida, personal injury cases must be brought within four years of the date of injury, and a claim for wrongful death must be filed within two years of the victim’s passing.
