Miami Pedestrian Accident Attorney
When it comes to pedestrians, Miami is a city of contradictions. Miami has recently been ranked the fourth most walkable city in the US, for residents and tourists alike, according to the “Walk Score” on the website efficient.gov. Factors going into this score include pedestrian access and proximity to amenities such as restaurants, coffee shops and grocery stores. What does not seem to be included in the Walk Score is the risk of death faced by pedestrians in Miami.
To that end, Miami is consistently listed as one of the most dangerous cities in the country for pedestrians. In the latest study, the 2019 Dangerous by Design report ranks Miami as the 14th most dangerous city for pedestrians in the nation. As a state, Florida far outranks any other state for pedestrian deaths. Eight of the top ten cities cited as the most dangerous in the country for pedestrians are in Florida, but none of them have seen even close to the number of pedestrian deaths experienced in Miami. Florida saw 5,433 pedestrian accident deaths from 2008 to 2017, and 1,549 of those deaths occurred in Miami.
Is distracted driving is a likely cause of the alarming increase in Miami pedestrian accidents?
Dangerous by Design utilizes a Pedestrian Danger Index (PDI) that measures how dangerous cities are for pedestrians based on the number of people who are killed in a collision with a motor vehicle while walking in the city. The numbers show a staggering 35.4% increase in pedestrian deaths from 2008 to 2017. These studies find people are not walking more and are only driving slightly more than in the past, so why the enormous increase? A likely cause is the increase in distracted driving car accidents due to drivers’ attention being drawn to their phones and social media accounts and away from the task of driving.
Distracted driving is a leading cause of pedestrian accidents in Miami, but it is not the only reason. Other types of negligence responsible for pedestrian accidents include:
- Failure to yield the right-of-way to pedestrians at crosswalks
- Trying to beat a red light and failing
- Turning right on red without checking for pedestrians in the crosswalk
- Exiting parking lots or alleyways into traffic without looking for pedestrians on the sidewalk
- Whipping around a car that has stopped in traffic to allow a pedestrian to cross
- Driving the car onto the sidewalk due to loss of vehicle control, mechanical failure, a medical emergency or drunk driving
- Unsafe behavior by pedestrians impaired by alcohol
- Pedestrians who are jaywalking in the middle of the street or crossing against the light
- Sidewalk obstructions or construction work that forces pedestrians into the street
Who is at fault in a pedestrian accident?
Pedestrian accidents may be the fault of a negligent driver or a negligent pedestrian. In some cases, both the driver and the pedestrian may be found partly to blame. Under Florida law, a pedestrian accident victim’s financial recovery can be reduced in proportion to the victim’s own comparative negligence. Determining fault in a pedestrian accident can be a complex and challenging proposition. Miami pedestrian accident lawyer Brandon Chase conducts a thorough investigation and builds a strong case that proves the negligent driver’s negligence while at the same time fighting off any unfounded claims by the insurance company that the pedestrian was also at fault. Successfully obtaining the full amount of compensation after a pedestrian accident requires the knowledge, skills, experience and resources of a dedicated personal injury law firm.
Who pays for pedestrian accidents in Florida?
A pedestrian who has personal injury protection (PIP) insurance on a vehicle can use that coverage after being injured as a pedestrian. If the accident victim does not have PIP insurance, the at-fault driver’s PIP coverage may be accessed. The same limits on PIP coverage apply in pedestrian accidents as they do in car accident claims: Florida no-fault insurance only pays 80% of medical expenses and 60% of lost wages up to $10,000 in damages, or only $2,500 if the accident victim did not seek emergency medical treatment within 14 days of the accident.
If the injury exceeds the “serious injury threshold” according to Florida law, the victim can sue the at-fault driver in a civil negligence claim and recover the full amount of medical expenses and lost wages, as well as other harm such as pain and suffering damages. Miami pedestrian accident attorney Brandon Chase handles serious personal injury cases and seeks maximum compensation from the at-fault driver, whether by negotiating a settlement with the insurance company or trying the case before a jury if needed.
Miami Pedestrian Accident Victims Receive Valuable Help from Attorney Brandon L. Chase
After a serious pedestrian accident in Miami, South Florida or statewide, contact the Law Offices of Brandon L. Chase at 305-677-2228 for a free case evaluation from a dedicated and successful Miami personal injury lawyer.