Orlando is one of the busiest tourist hotspots in Florida, with all the attractions, parks, and shopping centers. As a result, foot traffic is relatively high in the city. For this reason, many pedestrians fall under the risk of an accident.
In fact, Central Florida has some of the highest fatal pedestrian accident rates in the United States. According to a report, 4.53% of pedestrian crashes in Orlando were fatal, leaving victims with minor to severe injuries.
If you’ve been part of a pedestrian crash but aren’t sure about navigating the legal landscape, here’s a short guide to help you out.
As per the NHTSA 2021 report, 84% of pedestrian deaths occurred in urban spaces. 77% occurred on the open road, while the remaining 23% took place at intersections. 74% of pedestrian accidents also took place in the dark or in conditions with low lighting.
Adults who are 65 years and above make up 20% of all pedestrian accidents. Another group at a higher risk for dying in an accident is children under the age of five. This demographic accounts for 20% of the total deaths that occur because of pedestrian crashes.
Common Injuries Suffered in Pedestrian Accidents are:
Most pedestrian accidents occur either due to a case of negligence on the driver’s part or because a pedestrian loses focus while crossing the street.
Reports suggest that the leading cause of pedestrian deaths for individuals between 5 and 29 years is road traffic injuries. Other causes include driving under the influence, bad weather conditions, and more.
Motorists and drivers often crash against pedestrians who are lingering or standing in the roadway, making it hard for drivers to avoid an accident. As the law states, if the pedestrian is found lying, darting, working, or sleeping in a roadway, any damage caused to their body and well-being is considered their own fault. For instance, roadside workers are required to wear visible safety gear and place signposts to practice extra caution around a worksite and ensure drivers remain alert on the roads.
Due to bad weather conditions, most drivers experience poor visibility when they’re driving at night or along highways. Rain, snow, hail, and wind create dangerous conditions for drivers who find it hard to spot turns and intersections at night. Other objects or abandoned vehicles on the side of the road also reduce visibility.
Other factors that lead to poor visibility include workers wearing dark clothing, poor headlights of an oncoming vehicle, or sudden lights shining in the pedestrian’s eyes. When it comes to poor visibility, the liability may fall upon the pedestrian or the road crew so they’re asked to exercise caution and avoid such conditions.
One act of negligence is driving under the influence. If a pedestrian suffers minor to severe injuries due to a driver being either intoxicated or asleep, they can be charged with liability. According to a 2017 CDC, 17% of fatal pedestrian accidents involved an intoxicated driver. Whether it’s alcohol, drugs, or even medication, they can impair judgement when you’re either crossing the street or behind the wheel.
Florida laws dictate that, wherever sidewalks are provided, a pedestrian cannot walk along and upon the portion of the roadway that’s paved for oncoming vehicular traffic unless required. These laws further clarify a pedestrian’s legal right to proceed with caution in a particular situation or location when crossing the road.
For instance, when a pedestrian is moving across the crosswalk, any vehicle or motorist must stop and allow the pedestrian to safely move through the intersection before proceeding further. In this case, if the pedestrian doesn’t yield the right of way, they are likely to suffer from an accident.
If you were injured as a pedestrian in a car crash, there are compensable damages you can claim to address the financial grievance caused by the accident. Depending on the circumstances of your case, compensable damages often include:
Conclusion
While pedestrian accidents are unfortunate, they can also be prevented by following safety measures while crossing the road or street.
However, if you need to claim damages for any personal injuries sustained from a motor vehicle accident on the road, it’s best to seek legal help.
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