Pedestrian Accidents in Florida – Presser Law, P.A.
Pedestrian Accidents Result In Serious Injury or Death
In a 2015 study, the U.S. Department of Transportation estimated there were almost 70,000 pedestrians injured in motor vehicle crashes in the US and almost 5400 killed from pedestrian accidents. The study revealed an increase in pedestrian fatalities as an overall percentage of pedestrian-involved crashes. This means that, as a percentage, more pedestrians are being killed by motor vehicle crashes today than they have been historically.
Florida is known as one of the more dangerous states for pedestrians. A recent analysis revealed the Central Florida metro area from Kissimmee-Orlando-Sanford was near the top of the most dangerous places to walk. In 2016 alone, Florida saw over 9,000 pedestrian involved crashes which resulted in over 650 fatalities. Even in non-fatal pedestrian accidents or crashes, serious physical injury are often the result, including:
- Traumatic Brain Injury (TBI)
- Spinal Cord Injury
- Loss Of Body Part
- Broken Bones
- Torn Ligaments
- Severe Scarring
- Injuries Requiring Surgical Repair
With so much interaction between pedestrians and motor vehicles, many people often forget both have duties to each other in order to avoid these dangerous collisions. Those duties are outlined in Florida Statute 316.130. Some of those duties are outlined below:
Florida Statute 316.130(7)(a): The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
Florida Statute 316.130(7)(b): The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
Florida Statute 316.130(7)(c): When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
Florida Statute 316.310(15): Notwithstanding other provisions of this chapter, 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 upon observing any child or any obviously confused or incapacitated person.
Florida Statute 316.130(3): Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of the roadway paved for vehicular traffic.
Florida Statute 316.130(4): Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder of the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.
Florida Statute 316.130(5): No person shall stand in the portion of a roadway paved for vehicle traffic for the purpose of soliciting a ride, employment or business from the occupant of any vehicle.
Florida Statute 316.130(10): No pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
Florida Statute 316.130(11): Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
Florida Statute 316.130(12): No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.
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If you have been injured in a car accident or as a pedestrian, call 407.216.2000 or click here for a free attorney case review. Justin Presser has helped hundreds of car and pedestrian accident injury victims find their justice and I would be honored to help you as well.
Presser Law, P.A. was founded on the idea that injury victims deserve aggressive and straight forward representation to help them through some of their most difficult times. “Fighting for Justice. Fighting for You.” is more than a motto. It is our promise and reminder to our client’s that we will be with them, fighting to make sure they receive the compensation they deserve.