Miami Accident Lawyer Blog
Crashes involving people on foot are not the most common type of traffic accident, but the causes of these incidents are disturbing. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that around 10,500 pedestrian accidents occur every year statewide. Distracted, impaired, and reckless driving are the top causes, while motorists who fail to yield at crosswalks or make illegal turns also contribute to these incidents.
Liability often falls to the negligent driver, but other parties, such as a city or vehicle manufacturer, may also be held responsible. It is wise to retain a Miami pedestrian accidents attorney to assist with pursuing all potential parties, but an overview of causes and liability is useful.
Distracted Driving and Risks to Pedestrians
When drivers take their eyes off the road, even for a moment, they can fail to see a pedestrian in a crosswalk or stepping into the street. The use of cell phones is a common cause of this negligence, such as:
- Texting
- Calling
- Using a GPS
- Taking photos
An inattentive driver cannot react quickly enough to avoid a collision, often leading to severe injuries for the pedestrian.
Impaired Driving and Miami Pedestrians
Drunk or drug-impaired driving is another major factor in Miami pedestrian accidents. When a driver operates a vehicle under the influence, their judgment, coordination, and reaction time are significantly compromised. This impairment makes it difficult for them to obey traffic laws, recognize pedestrians, and make safe decisions.
The tragic result is often a catastrophic accident that leaves pedestrians with life-altering injuries. The legal consequences for an impaired driver are severe, and they are typically held responsible for any harm they cause.
Drivers Failing to Yield
Many pedestrian accidents in Miami occur when drivers fail to yield the right-of-way. Under Florida law, drivers must stop and yield to pedestrians in marked crosswalks. However, many motorists disregard this rule, especially in busy, congested areas. This negligence can lead to accidents at intersections, in parking lots, or on any street with a designated crosswalk.
Who is Liable After a Pedestrian Accident in Miami?
Determining who is liable after a pedestrian accident in Miami depends on the specific circumstances. In most cases, the at-fault driver is held legally responsible for the pedestrian’s injuries and other damages. This liability is often covered by the driver’s insurance.
However, other parties may also be liable. This could include a vehicle manufacturer if a defect contributed to the crash, or a city if poor road maintenance or a malfunctioning traffic light caused the accident. A pedestrian may also share some liability if their own actions contributed to the incident.
Speak to Our Miami Pedestrian Accidents Lawyers for Free
Dealing with liability and the legal process after an accident can feel overwhelming. The experienced legal team at Gerson & Schwartz, P.A. has been assisting pedestrian accident victims across South Florida for decades. We are dedicated to holding negligent parties accountable and fighting for the compensation you deserve. To discuss your case, please call (305) 371-6000 or go online to schedule a free consultation.