Florida Personal Injury Attorneys Giving You the Representation You Need for Pedestrian Accidents in Broward County

With rising gas prices, non-automobile transportation is becoming more common. This is especially true in large cities where bicycling or navigating on foot are possible due to sidewalks. As of 2024, 57 million people in Broward county, or nearly 1/3 of the population, regularly travels via bicycle. At the same time, Broward County at large and Ft. Lauderdale specifically is ranked as one of the most dangerous places in the United States for pedestrians.

In fact, in 2023, Ft. Lauderdale was the fifth most dangerous place in the country for pedestrians, with 8.19 fatalities per 100,000 residents. This is a 50% increase from 2020. Due in part to Broward County pedestrian accidents, Florida is the third deadliest state in the country for pedestrians. This is why if you or a loved one have been involved in a pedestrian-related accident, it’s vital you seek the services of an experienced personal injury attorney.

What is a Pedestrian Accident in Florida?

Different states vary according to their definition of when a person is or isn’t a pedestrian. This definition is important because pedestrians are generally considered to have the right of way in traffic. In Florida, a pedestrian is defined as a person who is not operating a motor vehicle. In some states, if a person is operating some other form of transportation, they cease to be a pedestrian. This is not the case in Florida. If someone is not behind the wheel of an automobile, they are a pedestrian. This includes:

• Walkers, Runners, or Joggers
• Bicyclists
• Skateboarders and Roller Skaters
• Segway Riders
• Those Operating a Low-powered Vehicle Such as a Moped

Note that operators of higher-powered vehicles such as e-scooters may not be considered pedestrians.

Anyone who meets one of the above criteria who is struct by a motor vehicle is considered to have been in a pedestrian accident. At crosswalks, in parking lots, and at other intersections, pedestrians are considered to have the right of way. This means drivers of automobiles should yield to pedestrians until they have safely crossed the street, intersection, or parking lot.

Florida is a no-fault insurance state. This means everyone is required to carry their own insurance to cover damages or injuries they may sustain in an accident. In many cases, a pedestrian struck by a motor vehicle can seek compensation from his or her own insurance company. However, there are cases when pedestrians can seek further financial compensation from the driver’s insurance company.

When Can a Pedestrian Sue for Damages in Broward County?

Even though Florida is a no-fault insurance state, there are circumstances under which a pedestrian can sue a driver’s insurance company in the event of an accident. Some of these circumstances include:

• The Pedestrian Was Uninsured
• The Driver Was Negligent
• The Pedestrian Suffered Significant Pain and Suffering

Non-drivers are able to obtain Personal Injury Protection insurance (PIP). This is an insurance that covers pedestrians in the event of an accident. However, non-vehicle owners are not required to obtain this insurance under Florida law. This means if a non-car owner is involved in an accident and does not have PIP, they can seek damages from the driver’s insurance company.

A pedestrian can also seek damages if the driver was negligent. Drivers are expected to have a certain level of responsibility when operating a motor vehicle. This includes yielding the right of way. If a driver failed to yield or was otherwise distracted by talking on a cell phone or operating an electronic device, a pedestrian can seek damages.

Pedestrians can also seek damages if they experienced significant pain and suffering beyond a standard insurance payout. Significant pain and suffering relate to injuries or ongoing issues that have an impact on the person’s daily life. Significant pain and suffering can include:

• Full or Partial Paralysis
• Loss of Limbs
• Temporary or Permanent Organ Damage
• Disfigurement
• Death

These are injuries generally considered to be beyond what can reasonably be compensated under a standard insurance payout. If a pedestrian suffered any significant pain and suffering, they can seek extra damages from a driver’s insurance company.

How Do I Prove Fault in a Pedestrian Accident in Broward County?

Drivers are considered to have the greater responsibility in an accident involving pedestrians. This is because pedestrians have the right of way, and the law recognizes a person in an automobile presents a greater risk to a pedestrian than vice-versa. However, pedestrians must still prove their claims in court. The legal system does not want every pedestrian involved in an accident claiming greater injuries than they sustained. This is why it is important to bring evidence to court in the event of a lawsuit. Valuable evidence can include:

• Police Reports
• Eyewitness Testimony
• Insurance Company Reports
• Security or Bystander Footage
• Medical Records

A pedestrian filing a lawsuit will already have a small advantage. However, their task will be proving the extent of the damage they suffered and how much they should be compensated. The worse the injuries and accident, the more someone can generally collect. They must prove these injuries and damages to the court. This is why an experienced accident attorney is invaluable.

What Should I Do if I Was a Pedestrian Involved in an Accident in Broward County?

Pedestrians have the right of way. Pedestrians struck by motor vehicles are entitled to compensation for their injuries. This is especially true if your injuries were significant. If you or a loved one were involved in a pedestrian accident in Broward County, don’t hesitate to contact Bozanic Law, located at 17100 Royal Palm Boulevard, Suite 1, Weston, FL 33326. Zeljka Bozanic is ready to represent you for all of your accident needs. She has a deep care and compassion for each and every one of her clients, and understand their injuries aren’t their fault. She wants to see every one of her clients win and go on to live their best lives. She isn’t happy until her clients are happy.

Pedestrian accidents aren’t your fault. Unfortunately, pedestrians are often left to live with the consequences. Don’t let an irresponsible driver change the course of your life. If you or a loved one were injured in a pedestrian accident in Broward County, contact Bozanic Law today at 954-800-2864 or email us for a free consultation. Remember: Don’t panic- Call Bozanic.