We Fight for Pedestrian Rights
Were you or a loved one hurt while crossing the street? Were you injured by a negligent motorist? If so, you may be entitled to compensation and an experienced Fort Myers pedestrian injury attorney can help you obtain justice.
The Spivey Law Firm, Personal Injury Attorneys, P.A., represents people and their family members who were injured or killed in all types of pedestrian accidents. These accidents include people being struck by cars while walking down the street, people struck in parking lots, people struck in crosswalks, people struck by distracted or drunk drivers, and people struck by drivers who pulled out of driveways or side streets without being cautious of pedestrians. If you've been involved in a pedestrian accident or lost a loved one, call (888) 477-4839 for a free consultation with a top pedestrian injury attorney to discuss your rights.
Our Fort Myers Pedestrian Injury Attorney Identifies the Most Common Causes of Accidents
The National Highway Traffic Safety Administration (NHTSA) reported there is about one pedestrian death every 88 minutes in the United States. When annual pedestrian accident statistics are compiled, Florida usually ranks at the top of the list. Here are some of the most common accident causes:
NHTSA says 47 percent of crashes that involve pedestrian deaths involve alcohol for the driver and/or the pedestrian. Some of the fatal crashes involve both being under the influence, but one in every three (33 percent) involve a pedestrian with a high blood alcohol concentration; drivers account for 17 percent.
Older Adults and Children
Pedestrians aged 65 and older accounted for 20 percent all pedestrian deaths and an estimated 10 percent of all pedestrian injuries in 2017. One in every five children under the age of 15 killed in traffic crashes were pedestrians.
Florida is a popular tourist state attracting Americans and foreigners. Many of these people are first-time visitors who are unfamiliar with our roads and may be paying more attention to their GPS than what is around them.
Intersections and Crosswalks
The NHTSA reports that pedestrians are particularly vulnerable at intersections from right-turning vehicles or red-light runners.
Pedestrians are also apt to be injured in “dart-out” accidents where they may suddenly appear between parked cars. One third of dart-out accidents result in serious injury or a fatality.
Florida pedestrian law says the driver of a vehicle at any marked crosswalk shall stop and remain stopped to allow pedestrians to cross once they are in the crosswalk, either on the half of the roadway where the vehicle is traveling or closely approaching from the opposite half of the roadway.
Many pedestrians are walking on the shoulders of our roads because of a lack of sidewalks, which makes them more vulnerable to being hit by vehicles.
NHTSA statistics show that most of Florida’s pedestrian-related accidents occur at night. Nighttime accidents may be caused by drowsy drivers, inattention to the road, pedestrians walking without visible clothing, and slower reaction times.
When there is debris or other objects in the road, such as construction materials or objects that force drivers to deviate from their predictable pathways, pedestrians in the area may be hit and injured.
Our Fort Myers Pedestrian Injury Attorney Explains Fault in Pedestrian Accidents
In Florida, comparative fault laws are applied to personal injury cases, such as pedestrian accidents. Here are some cases where a pedestrian may have some fault placed on them for causing the accident.
What are the 5 primary causes of pedestrian/vehicle accidents?
The NSC (National Safety Council), the Insurance Journal, Pedbikesafe.org and Popcenter.org report the following:
- Darting into the street - 23 percent of deaths and injuries result from pedestrians darting into the street, with the majority of those being younger than age 15.
- Distracted walking - Injuries involving cell phones accounted for an estimated 11,101 injuries.
- Speeding - The majority of deaths occur on roadways that encourage speeding but do not provide sidewalks, crosswalks, signals and other protections for people who are walking. A recent NHTSA report on pedestrian safety finds that a pedestrian is 16 times more likely to be killed in a crash occurring on a road with a posted speed limit of 50 mph or higher, than on a road with a speed limit of under 30 mph.
- Alcohol - 47 percent of fatal pedestrian crashes involved either a pedestrian or driver under the influence of alcohol.
- Jaywalking – Jaywalking is often cited as poor pedestrian behavior that leads to pedestrian injuries and fatalities. Jaywalking is a general term for any form of illegal street-crossing by a pedestrian. There are several types of pedestrian behavior that qualify as jaywalking:
- walking against a pedestrian walk signal,
- crossing a street where there is no crosswalk (midblock crossing),
- crossing a street outside of a marked crosswalk where one is present, and
- walking on a street along with the traffic flow (ignoring designated pedestrian pathways).
Even if you did any of the actions above, you still may be able to recover compensation for your accident. Make sure you speak with a Fort Myers pedestrian accident lawyer before you accept a settlement.
Why Pedestrian Accidents Result in Severe Injuries
A pedestrian being struck by an automobile is likely to result in a devastating course of events. Our Fort Myers pedestrian injury attorneys have seen firsthand the aftermath of a pedestrian-vehicle accident, as well as the permanently disabling and even fatal injuries that can result. Pedestrians do not stand a chance of escaping serious injury when drivers of cars do not watch out for them and strike them.
While drivers and passengers in vehicles have safety features such as seatbelts, airbags, and the actual framework of vehicles to protect them, pedestrians enjoy no such benefits, leaving them completely vulnerable to being hit by a much larger, forceful vehicle. These accidents often happen completely unexpectedly and quickly, and pedestrians are rarely able to move quickly enough to escape injury. As a result, a pedestrian is likely to suffer very serious injuries, which may even be fatal. On the other hand, the driver and passengers in the vehicle that hit a pedestrian are more likely to escape the accident injury-free.
Learn About Your Options for Recovery From a Fort Myers Pedestrian Injury Attorney
If you or a loved one were hurt by a motorist while crossing the street or on the sidewalk, a Fort Myers pedestrian injury attorney can help you obtain your rightful compensation. Contact Spivey Law Firm, Personal Injury Attorneys, P.A. for a free consultation with a Fort Myers pedestrian injury attorney in order to determine whether you have a valid personal injury or wrongful death claim.
There are strict timelines within which these lawsuits must be filed, or you are forever barred from seeking recovery from the responsible party. For your convenience, you don't pay us any fees or costs unless you win. Please visit our settlements and verdicts to view the results in some of the Florida pedestrian accident cases and other types of cases handled by Randall L. Spivey.
More Helpful Information
Higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of any injuries.
Smart Growth America’s 2019 Dangerous by Design report showed the Cape Coral-Ft. Myers metro area ranked 8th in a list of the top 20 most dangerous pedestrian areas.