How Pedestrians File Car Accident Claims
March 18, 2024
One advantage under Florida’s “no-fault” insurance laws is your Personal Injury Protection (PIP) policy provides coverage if you are hit by a motorist as a pedestrian.
But, there is a two-year statute of limitations for pedestrian injury claims.
A pedestrian injured in an accident with a motorist may also have options for filing a personal injury claim, as long as they seek immediate medical attention and contact their PIP insurance carrier.
Under Florida Statutes, the driver of a vehicle approaching an intersection where a pedestrian is legally crossing the street must yield or stop for both bicyclists and pedestrians. Moreover, anytime a motorist sees warning signs or markings for a crosswalk, he or she is expected to slow down and yield the right of way.
Conversely, pedestrians must use the sidewalk when one is provided. An exception would be when circumstances do not permit them continue on the sidewalk, such as an area of pavement under repair. This is the only time a pedestrian should walk along the edge of a road paved for vehicular traffic and the person is still expected to exercise appropriate care.
Where do most pedestrian auto accidents occur?
Although driving declined in the Sunshine State during the pandemic era, pedestrian fatalities increased by almost five percent. These numbers were indeed a reflection of an increase in people of all ages traveling more on foot, which included walkers, joggers, runners and skateboarders. Unless they are pushing their bicycle, cyclists are generally not considered to be a pedestrian. In most cases, bicyclists can travel in designated bike lanes or in the road alongside other vehicular traffic.
Most vehicle-related accidents with pedestrians occur in Florida cities, on streets without intersection-marked crossing lanes and at night. Mishaps with pedestrians on private property most often happen when people are crossing parking lots or driveways and there is a higher rate of incidences occurring between dusk and dawn. Although it is true that “jaywalking” is not illegal in Florida, that does not mean that it is safe to do so. In such cases, a pedestrian may be deemed at-fault, especially if their actions contravened traffic regulations.
Florida Pedestrian Laws
When an injury occurs in the Sunshine State, the injured party may be eligible for damages. However, compensation for injuries in Florida is determined by applying a pure comparative negligence standard based on the percentage of fault of each party during a vehicular collision with a pedestrian. After all, there are times when a pedestrian simply disobeys traffic signals in their effort to cross the street faster. So, damages can be reduced by their percentage of blame. Accidents often occur when the pedestrian unexpectedly appears out of a driver's blind side.
A driver in Florida is required to yield the right of way to any pedestrian who is lawfully crossing a street or roadway in a crosswalk. If the intersection is equipped with traffic control signals, the driver must yield to pedestrians crossing the street when traffic signals indicate that it is their turn to cross. In turn, pedestrians are also required to obey traffic signals under all circumstances, including anytime a police officer is directing foot traffic. Pedestrians who contribute in some way to an accident will likely be assigned a percentage of fault.
Pedestrians and bicyclists can sustain serious injuries if involved even in a slow moving accident with a vehicle. To avoid incurring a percentage of fault, never walk or ride in a prohibited area along a roadway or bridge; always look both ways before crossing; do not walk distracted by your phone; and wear lighter colored or reflective clothing at night. In addition, under Florida laws pedestrians should not stand in a road or direct traffic, such as to help another vehicle park or enter a roadway.
PIP Insurance Limits May Not Be Enough
PIP is mandatory for every registered vehicle owner in Florida. As a pedestrian hit by a motorist, you or other members of your household are covered under provisions of PIP insurance’s personal injury protections. But, the minimum coverage for Florida no-fault benefits sets low limits of personal injury protection at $10,000 per crash-per person for medical expenses. In addition to ambulance rides, hospital bills, doctor visits, etc., PIP can cover up to 60% of lost wages and, in some cases, may be applied to expenses for household chores or childcare.
Everyone is allowed to have their own preference when it comes to transportation. If you do not own a vehicle, do not drive, and do not live in the household of a family member who does have PIP coverage, your medical expenses may be paid by the PIP policy of the driver who hit you. If your damages exceed those policy limits, you may be able to file a lawsuit against the at-fault driver's insurance company. Nonetheless, Florida does require an "at-fault pedestrian" to share negligence when they win an injury case in court.
Always walk on the sidewalk if one is available and cross the street at corners with a designated-crosswalk. In addition to obeying traffic signals, always stay attentive as walking around traffic requires the same critical thinking skills as driving a car. To learn more about bodily injury protection and other important auto insurance coverages, contact an independent agent at Nsurance Nation.
