Clearwater Florida Pedestrian Accident Lawyer FAQs

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  • Do Drivers Always have to Yield the Right of Way to Pedestrians in Florida?

    When you get behind the wheel of an automobile you are piloting a potentially deadly weapon. Therefore, you must yield the right of way to pedestrians and bicyclists in almost any situation. If you were involved in a pedestrian accident, you likely would be eligible for reparations for expenses related to the accident.

    There are specifications to the right of way law, which your pedestrian accident lawyer can explain to you. Generally, if you were crossing the road at either a marked or unmarked crosswalk you had the right of way. A marked crosswalk is denoted by either signs or painted lines on the pavement.

    An unmarked crosswalk is harder to define, which is why your lawyer becomes so useful. It can be considered the space between the road and the sidewalk and also the space at the meeting of intersecting roads. Not all intersections have walk signals and this is where the unmarked crosswalk comes into play.

    In terms of stopping for a marked crosswalk, drivers must yield the right of way in almost every situation. They must yield the right of way to:

    • pedestrians already in the crosswalk who are on the same side of the roadway as their vehicle;
    • pedestrians in the crosswalk on the opposite side of the roadway who are close enough to their side to face possible danger; and
    • pedestrians who are about to step into the crosswalk.

    In summary, if you adhered to pedestrian and cyclist rules but still were injured by a driver who failed to yield the right of way, you have a right to compensation for bodily and property damages. Recovering from your injuries should be your main priority, not dealing with insurance adjusters and complicated legal paperwork.

    Before accepting a settlement offer contact the Jim Dodson Law to set up a free consultation at 888-207-0905.

  • Do Bicycle Riders have to Yield to Pedestrians in Florida?

    Yes! In Florida, pedestrians always have the right of way. The law requires all vehicle drivers (including bicyclists) to yield and give right of way to pedestrians. This holds true whether the bicycle is riding on a sidewalk or road.

    Why? Bicycle riders have to yield to pedestrians because pedestrians are much more vulnerable to injury than drivers and bicyclists in the event of a collision.

    When a bicyclist rides on the sidewalk, he or she must give an audible signal before passing a pedestrian. This can be a bell, horn or the rider saying “passing left.”

    When a cyclist rides on the road, he or she is bound by the rules for other vehicles like stopping on red and going on green. If the road lane is less than 14 feet wide it is considered a substandard lane and the rider can take up the entire lane.

    Just like the driver of a motor vehicle, if a bicyclist hits a pedestrian, he or she may be held responsible for any injuries sustained.

    An accident involving a pedestrian or bicyclist can have devastating consequences. Most of these accidents are the result of bicyclists being inattentive or negligent regarding the traffic rules. However, pedestrians must also act responsibly and abide by the rules of the road. Florida law allows an injured person who is partially liable for an accident with a bicyclist to recover damages for their injuries, but these damages will be reduced based if the pedestrian’s own actions contributed to or caused the collision to take place.

    The law surrounding pedestrian and bicycle injuries can be complicated. These cases are not always handled the same as a traditional motor vehicle accidents from an insurance perspective and so an attorney who has never handled a case with a pedestrian or cyclist will have a steep learning curve. 

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • Can I Receive Compensation if I was Struck By a Car While Jaywalking in Florida?

    If you were hit by a vehicle while crossing the street in Florida, you may be entitled to file a personal injury claim to recover damages for your injuries even if you were jaywalking. You may have a case even if the police gave you a ticket and said you were at fault. Each accident is different and the specific way it happened will be important. Your lawyer will be looking for any argument the driver was also responsible and could have avoided hitting you.

    For example, if you can prove the driver was negligent in not paying attention to the road, texting while driving, or digging through a purse, this will help your claim. Excessive speed, driving under the influence of alcohol or drugs, and other illegal activities can also help your case.

    Any insurance company will use the argument you were jaywalking against you. It gives the insurance company a reason to discredit your claim, blaming you for your injuries by failing to obey proper traffic crossing signals and not crossing at a crosswalk. That’s why it is so important to have a lawyer in your corner who knows the right arguments to make and how to make them.

    When someone hurts you, even if you were jaywalking, you owe it to yourself to discuss your situation with an experienced attorney. We are happy to evaluate your claim and explain your legal options for free. Give us a call today at 727-446-0840.

    Don’t forget to order our FREE Florida Pedestrian Accident Guide to find out what to expect in the coming weeks and months of your recovery.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • Can I Recover Compensation if I was Struck By a Car While Crossing the Street Outside of a Crosswalk?

    If you or someone you care about was struck by a vehicle while crossing the street and the accident report places you outside the crosswalk at the time of the impact, you may be wondering about your legal options.  

    The good news is you may be able to receive compensation for your injuries even if you were hit outside of a crosswalk. Since every pedestrian accident case is unique, it would be in your best interest to give us a call to discuss the details of your accident.

    A number of different factors need to be considered in determining whether you can file a successful injury claim, especially if you were crossing the street outside of a crosswalk. Most important is that your actions were not the sole cause of your accident.

    Florida follows the doctrine of pure comparative negligence, which means you can seek compensation for your injuries even if you were partially at fault. Listed below are examples of shared responsibility for an accident, making you eligible for compensation in an injury claim:

    • The driver that hit you was operating the vehicle while under the influence of drugs or alcohol;
    • The driver was texting, talking or using their phone;
    • The driver was simply not paying attention;
    • The driver was distracted by someone or something in their vehicle;
    • The vehicle had a mechanical failure that contributed to the accident; and/or
    • The driver was speeding or driving recklessly.

    People injured by motor vehicles have the right to be paid compensation for their medical expenses related to the accident, lost wages for the time they missed work during their recovery and loss of ability to earn money in the future pain and suffering they have dealt with as a result of their injuries.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • What is an Unmarked Crosswalk in Florida?

    In Florida, you’ll find there are 2 types of crosswalks: marked and unmarked. A marked crosswalk is what we all imagine when we think of a crosswalk. There are lines painted on the ground to mark the boundaries and there may even be a button to push for a walk signal.

    The law in Florida gives extra protection to a pedestrian hit by a vehicle when the pedestrian is in a crosswalk. If you were injured while crossing the road at an intersection without crosswalk markings you may have been in an unmarked crosswalk.

    An unmarked crosswalk occurs at every intersection where the sidewalk meets the road, and is part of the roadway. There is not necessarily any paint or other marking to indicate the bounds of an unmarked crosswalk.

    Florida Statutes Section 316.003 Defines a Crosswalk 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.
    • Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

    In order to determine the location of the unmarked crosswalk, you should picture the sidewalk or shoulder extending across the roadway until it meets the other side of the road. The unmarked crosswalk is measured from curb to curb. If there are no curbs, it is measured from the edge of the road.

    Whether there is a marked or unmarked crosswalk, drivers should be mindful of the pedestrian right-of-way in Florida. Drivers who do not stop for pedestrians crossing the road may cause a motor vehicle versus pedestrian accident, which rarely ends well for the person on foot.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

    After dealing with many cases involving injured pedestrians, we realized the same questions come up time and again so we wrote a short book you can order to get you up to speed on the process of holding the driver responsible for your injuries. Request it here for free.

  • Who Will Pay My Medical Bills After a Florida Pedestrian Accident?

    In Florida, if you are the owner of a motor vehicle that is registered in the state, your own Personal Injury Protection (PIP) or No-Fault auto insurer may pay for your medical bills and lost wages after you are injured as a pedestrian even if the accident was not your fault.

    According to Florida law, all motorists must have a minimum of $10,000 personal injury protection (PIP) insurance coverage. PIP coverage will pay for your medical expense or lost wages up to a total of $10,000.

    If you have health insurance coverage, it will also contribute to your medical bills. However, your No-Fault auto insurer will be the primary responsible party up to the limits available.

    Your Uninsured Motorist (UM) coverage carrier may also contribute to your medical expenses if the driver who caused your injuries doesn’t have any or enough insurance to cover your bills or if you were unable to locate the driver of a hit-and-run accident.

    Watch this for more on the importance of UM.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • What Happens if a Florida Pedestrian is Hit By Someone Without Insurance? How Do the No-Fault Laws Fit Into the Situation?

    The Driver had no Insurance

    If you were the victim of an accident in Florida and were hit by an uninsured driver while walking, your own automobile insurance may cover the damages you have suffered, but only if you have Uninsured Motorist (UM) coverage. Your own insurance company may cover your medical expenses, permanent disability, and lost wages.

    Every car registered in Florida is required to have No Fault/Personal Injury Protection (PIP) insurance. This helps protect everyone on the roads in the event of an accident. Unfortunately, it only provides up to $10,000 for medical expenses and wages lost if you have been injured as a pedestrian.

    The Driver Left the Accident Scene

    If the driver fled the scene of your pedestrian accident and you are injured with PIP, your own insurer must pay for your medical expenses and disability. It doesn’t matter who caused the accident. As long as you can prove you suffered a permanent injury, scarring, or loss of bodily function, you will be eligible for compensation.

    If you carry uninsured motorist coverage in Florida (which is a voluntary, but highly recommended coverage) and are struck in a hit and run pedestrian accident or by an uninsured motorist, you may recover money from your UM coverage. Survivors of a deceased victim may also be eligible to recover for their loss as well.

    A case involving the injury or death of a pedestrian caused by an uninsured or hit and run driver is best handled by an attorney with experience representing victims against their own insurance companies. Rest assured, we understand how to recover for your losses after a pedestrian crash causing injury, or even worse, a loved one’s death.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

    Just pick up the phone and call us today to discuss your case. There is never a charge to discuss what can be done. If you prefer, tell us what happened by filling out the contact form.

  • What are the Florida Statutes for Aggressive Driving Through a Crosswalk?

    The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as, “when individuals commit a combination of moving traffic offenses to endanger other persons or property.” There are several Florida statutes that address what could be considered aggressive driving through a crosswalk.

    According to Florida Statute 316.1923, aggressive careless driving involves at least 2 of the following:

    • Speeding;
    • Improperly or unsafely changing lanes;
    • Following too closely;
    • Failing to yield the right-of-way;
    • Improperly passing; or
    • Failing to obey traffic signs and signals.

    Florida Rules for Driving Through a Crosswalk

    • Drivers are required to stop before reaching the crosswalk when approaching a red light. If there is a person in or at the crosswalk, drivers must allow the pedestrian who has the proper signal to cross the street. If there is no crosswalk, drivers must stop before reaching the intersection.
       
    • When the traffic signal facing the pedestrian is a solid green light the pedestrian has the right to proceed across a marked or unmarked crosswalk. Motor vehicles with the green light must proceed cautiously straight or make a left or right turn, if permitted and yield (stop or slow down) to any pedestrians in the intersection or crosswalk.
       
    • Vehicles are allowed to enter the intersection when they have a green light or turn arrow but they must yield to any pedestrians in a crosswalk.
       
    • If a driver has been in the intersection waiting to make a left turn on a steady yellow light, the driver must yield to pedestrians.
       
    • Drivers must stop completely if ever a visually impaired pedestrian is guided by a dog or is carrying a white cane in an extended or raised position. Drivers must also stop if someone using a wheelchair, service animal or other mobility aid crosses a roadway.

    There is a theme to these rules. Vehicles, both motorized ones and bicycles, must yield to people on foot. Why is that? People don’t wear armor as they walk the streets. They need the law to protect them from drivers who are protected by seat belts, airbags, helmets in the case of cyclists and various other safety features. Pedestrians almost always have the right of way in a crosswalk.

    If someone was displaying aggressive driving behavior and caused you injury in Florida, you may be able to hold them accountable for your injuries. Insurance adjusters are looking to settle claims quickly and for far less value than the injured person usually deserves. Don’t let them scare you off with a low ball settlement offer. See how we have helped people get far more than they were initially offered.

    Request our free book on pedestrian accidents and call us to discuss your unique situation before you go any further.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.