Florida Ranks Second Nationally in Pedestrian Deaths

February 17, 2011

Pedestrians may want to think about looking more than twice before crossing the street. According to a preliminary report released by the Governors' Highway Safety Administration (GHSA) in January, the number of pedestrian fatalities rose in the first half of 2010, the first increase in the number of pedestrian deaths in four years.

Florida came in second to Arizona for the top "prize" of having the highest individual increase in pedestrian deaths among all states. In 2009, 482 pedestrians died and more than 7500 were injured in accidents in Florida. According to the GHSA report, a total of 243 pedestrians lost their lives in the Sunshine State from January to June 2010, a 35 person increase over the previous year.

Prior to 2010, the number of pedestrian deaths had been on the decline in the US. In 2009, there were 4091 pedestrian deaths nationally, down from a high of 4892 in 2001.

Report Links Distraction as Factor in Increase

The GSHA speculated that the increase in pedestrian fatalities was due in part to the increase in the types of electronic distractions used by both drivers and pedestrians. According to the National Highway Transportation Safety Administration (NHTSA), distracted driving is a factor in 80 percent of all fatal motor vehicle accidents and 65 percent of all near accidents in the US. In 2008, 500,000 people were injured in distracted driving accidents.

While the federal government and many state legislatures focused their efforts on taking action against two of the biggest driver distractions - texting and talking on cell phones - in 2009 and 2010, there is some indication that in 2011 they will be taking aim at distracted pedestrians.

California, New York, Oregon and Virginia all have introduced bills this year that seek to prohibit certain pedestrian distractions. For example, the bill in New York would ban pedestrians from using cell phones, iPods and other electronic devices when crossing the street while the California bill would fine bicyclists $20 for talking on cell phones and texting while riding.

The idea behind these bills is that pedestrians suffer from the same distractions as drivers. Jogging down a busy street while listening to headphones or crossing an intersection while talking on a phone take a pedestrian's attention away from the road just as much as they do a driver's. And pedestrian-motor vehicle collisions often have devastating results, including catastrophic injuries like paralysis and traumatic brain injuries, as well as death.

The feasibility of enforcing pedestrian distraction laws, however, has some questioning the impact these types of laws could have. Taking limited police resources away from more pressing enforcement issues also presents a challenge for states seeking to pass these laws.

For the time being, it is unlikely that a pedestrian distraction bill would make much headway in Florida, which still has not passed a law limiting the use of cell phones or texting while driving. During the 2010 state legislative session, 15 different driver distraction bills were proposed, but none passed. Several new bills seeking to ban texting and/or hand-held cell phones have been introduced for 2011.

Your Legal Options Following a Pedestrian Accident

Pedestrians who have been injured by distracted motorists may be able to take legal action against the responsible driver - even if the pedestrian shares some of the fault for the accident.

Florida has a pure comparative fault system. This means that an injured person is entitled to recover damages proportional to the other party's fault. For example, if a motorist is found to be 60 percent at fault for the accident and the pedestrian is 40 percent at fault, then the pedestrian still is entitled to recover 60 percent of his or her damages from the motorist.

Some of the damages that may be recoverable in a pedestrian accident include:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress

In cases where a pedestrian dies as a result of the accident, then the pedestrian's family members have a right to bring a wrongful death action. Under Florida law, family members who may file a wrongful death suit include the decedent's spouse, children and parents. Damages that may be available in a successful wrongful death action include funeral expenses, medical expenses, loss of services, loss of support and loss of companionship. In Florida, family members generally have two years from the date of death to file a wrongful death action.

Conclusion

If you or a loved one has been injured by a distracted driver, contact an experienced attorney today. With an attorney's help, you may be able to recover compensation for your injuries. For more information, speak with a knowledgeable personal injury lawyer.

Article provided by Friedman Rodman & Frank PA
Visit us at www.friedmanrodmanfrank.com