Who Is Responsible For A Pedestrian Accident That Happened At Night In Florida?

Who is responsible for a pedestrian accident that happened at night in Florida?

Regularly taking walks is proven to be beneficial for your physical and mental health. During the pandemic, many people took to walking more in their neighborhoods, in parks, and even in cities. However, while walking is something everyone should probably do more, there are risks associated with being a pedestrian. According to the National Highway Traffic Safety Administration, in 2018, 6,283 pedestrians were killed in traffic accidents. That was a 3% increase from the previous year and the highest death rate since 1990.

Your risk for being involved in a pedestrian accident increases based on when and where you walk. Before you lace up your shoes and step out the door, it is important to know what your risk level is for being injured in a pedestrian accident, how to keep yourself safe, and what your legal options are if you are injured by a driver’s negligence!

First, let’s briefly remind you of your risk as a Floridian pedestrian – Florida has the third highest pedestrian fatality rate in the nation, second only to New Mexico and Louisiana, and it has held its rank in the top 5 most dangerous states for pedestrians since 1994 (and likely beyond – available data from the NHTSA went back that far). Perhaps this is due to the warm weather, the infrastructure, or the amount of senior drivers, but whatever the various causes, if you live in Florida, you do have a higher chance of being injured as a pedestrian than you would if you lived in another state. If you live in a metropolitan area or by a beach, such as Miami, Tampa/St.Petersburg/Clearwater, Orlando, Daytona Beach, Lakeland, etc. (you can view a list of 8 deadly Florida cities for pedestrians here), your risk increases significantly, and so should your awareness of safety measures to take to avoid being hit and injured or killed by a negligent driver.

One of those safety measures includes being conscious of when you walk. The NHTSA reported that 76% of the pedestrian deaths in 2018 occurred at nighttime, when it was dark. There are other factors such as day of the week that affect risk, but the major factor is lighting conditions. If you walk at night as a pedestrian, you are much more likely to be struck and injured than you were if you were walking during the day.

Now, this number does not take into account the details of the individual accidents, which begs the question of whether the pedestrians or drivers were responsible for those nighttime accidents. As experienced pedestrian accident injury lawyers in Florida, we have represented hundreds of injured accident victims, both pedestrians and drivers, and recovered over $1 billion dollars in damages. One of the most common questions we receive is the questions of who is responsible for a pedestrian accident that happened at night in Florida. Is it always the driver’s fault? Does it depend on the circumstances? How does who was at fault affect the pedestrian’s or driver’s personal injury case?

While pedestrians are responsible for being responsible – not acting recklessly, staying visible and off the road, and walking in a safe manner – drivers are the ones who ultimately have responsibility, or a duty of care, to the pedestrian. They need to operate their vehicle safely and watch for pedestrians. When they do not, that is negligence, and it is punishable both criminally and civilly; the injured party can seek justice in the form of monetary compensation. If the accident happened at night, though, recovering compensation becomes more complicated because of the lighting conditions. Did the driver not see the pedestrian due to their own speed or recklessness, or was it because of the pedestrian’s dark clothing, or was it simply too dark outside to see them regardless?

It is necessary for you to know that under Florida law, recovering compensation for injuries incurred in a pedestrian accident that happened at night is extra complicated. Technically, Florida is a no-fault state when it comes to pedestrian accident injuries. This does not mean that no one is legally liable for the accident, but it does mean that you have to seek coverage through your own insurer and PIP coverage first if you were injured. PIP will cover 80% of the medical bills and 60% of lost wages up to $10,000. But because injuries resulting from a pedestrian crash that happened at night will likely be much more expensive than that, Florida’s pure comparative negligence standard may come into play. This means that the individual circumstances of the accident can affect how much compensation you are able to receive.

Imagine that a pedestrian is jaywalking at night in an urban area. They don’t see any cars coming, but a car that does not have its headlights on hits them and causes severe injuries (the driver is uninjured). The pedestrian files a personal injury lawsuit, and they are found to be 20% at fault for the accident, because if they would not have been jaywalking, the accident would have been avoided – they were not supposed to be on that section of the road. However, the driver still owed a duty of care to drive with their headlights on and would have been able to avoid the pedestrian or safely slow if they had, so they are found to be 80% at fault. If the total damages exceeded PIP coverage by $20,000, the pedestrian would be able to recover $16,000 in their settlement.

So who is responsible for a pedestrian accident that happened at night in Florida? The answer is that it depends on the specific circumstances of your case.

To decrease their risk of being injured and sharing fault in a pedestrian accident, pedestrians should generally avoid walking at night – your life and health are too important to risk. However, if you do decide to walk at night, wearing reflective or bright clothing and carrying a flashlight drastically increases your chances of being seen by drivers. Make sure to walk on the sidewalk or on the shoulder facing traffic if there isn’t a sidewalk. Avoid being on your phone or wearing headphones so that you can stay alert and watch for vehicles that may not be watching for you.

If you are injured in a pedestrian accident that happened at night in Florida, contact The Florida Law Group right away. Our personal injury lawyers are nationally recognized for our ability to get verdicts for our clients, and we can help you understand your legal options regardless of how challenging your case may be! Call now for a free consultation. You don’t pay us unless we recover a settlement.