Vehicle vs Pedestrian: What To Know in Fort Myers, Florida

When you’re involved in a car accident as a passenger or driver, your vehicle protects you with safety features like bumpers, seat belts, and airbags. When you’re involved in a car accident as a pedestrian, you have zero protection. That’s why vehicle vs pedestrian collisions are often catastrophic.

In 2021, an estimated 60,577 pedestrians were hurt in traffic accidents in the United States, and 7,388 died. If you’re facing high medical bills, missed time at work, or even the wrongful death of a loved one, here’s what you need to know about pedestrian crashes in Fort Meyers, Florida.

Factors Involved in Vehicle vs Pedestrian Crashes

While pedestrian crashes can occur at any time to anyone walking on the road, statistics reveal certain patterns. 

• Time: Over three-quarters (76%) of fatal pedestrian crashes occur in the dark, with an additional 4% at dusk and dawn. A quarter of fatalities happen in the evening between 6 PM and 8:59 PM.
• Road location: Nearly three-quarters (73%) of pedestrian deaths occur at non-intersection locations, which often have higher speed limits and more lanes to cross.
• Alcohol: In 2021, 43% of pedestrian fatalities involved alcohol impairment.
• Area: In 2021, 84% of pedestrian deaths happened in urban areas.
• Speed: The average risk of severe injury for a pedestrian increases as impact speed increases, ranging from 10% at 16 mph to 90% at 58 mph. 

Pedestrian Responsibilities in Florida

Florida laws require pedestrians to act with reasonable care and caution. Specifically, they must do the following:

• Obey pedestrian traffic signals unless a police officer tells them otherwise.
• Cross the roadway at crosswalks or intersections whenever possible.
• Use sidewalks when present, rather than walking in or along the road.
• If there are no sidewalks, walk facing oncoming traffic to see approaching vehicles.
• Don’t stand in the road or suddenly leave the curb in front of a car.
• Don’t walk along the interstate, on highway exit or entry ramps, or around barriers or signals at bridges or railway crossings.
• Yield the right of way to vehicles on the road, except when crossing at a crosswalk or intersection.

Motorist Responsibilities in Florida

Although the vehicle vs pedestrian debate might seem to target the latter, drivers must ultimately exercise due care. That means motorists should avoid hitting people on foot when they are aware of them — even if the pedestrian doesn’t have the right of way.

Specific responsibilities include the following:

• Motorists at intersections with stop signs must yield the right of way to pedestrians.
• Drivers at traffic signals must yield the right of way to people on foot when the signals allow pedestrians to cross.
• Motorists must yield to pedestrians in crosswalks, even if there are no traffic signals or signs.
• Vehicles may not pass other vehicles stopped at a crosswalk to let pedestrians cross.

Of course, motorists must also follow other traffic rules, including obeying speed limits, using turn signals, and not driving while intoxicated. 

Comparative Negligence in Florida 

Sometimes, the motorist and the pedestrian were doing something wrong at the time of the accident. In that case, Florida’s comparative negligence laws come into play. 

When awarding compensation, Florida courts will consider each party’s percentage of fault. If they decide you were 25% to blame for your injuries, they would reduce your compensation amount by that percentage.

Personal injury attorneys can help you defend yourself against the negligence of at-fault drivers in pursuit of compensation.

Contact a Fort Meyers Personal Injury Attorney Today

Whether you need help negotiating with insurance companies or filing a lawsuit for personal injuries, The Law Offices of Marc L. Shapiro, P.A. can help. Contact us online or at 239-500-5000 for a free consultation about your options after a vehicle vs pedestrian accident.