Pedestrian Accident

Published on: November 30, 2017

Landowner May be Liable for Crash Injuries – But Only in Some Circumstances

Car accident and pedestrian accident lawsuits usually involve claims that one or more motor vehicle drivers was negligent. However, an experienced injury lawyer can tell you it may be worth exploring whether other individuals or entities might also be responsible. A good example of this is landowner liability for crash-related injuries.

For instance, if you’re on a public road, we may explore whether the government poorly maintained, designed or constructed the road in a way that increased the odds of an accident or enhanced the severity of it. If you’re on commercial private property, we may explore whether the property owner failed in its duty of care to provide a safe means of ingress and egress for customers. And then there are also some cases where a private property owner could be liable for injury that occurs on a public road – but usually the circumstances to successfully make such a claim are limited.

Recently, the California Supreme Court took on this issue, deciding that landowners do not have a duty to insist invitees in crossing a public street when the landowner doesn’t do more than maintain a parking lot that requires invitees to cross the street to access landowner’s premises – so long as the dangers of the public street aren’t magnified or obscured in some way by a condition of landowner’s property or some action taken by the landowner. Continue reading →

Published on: April 12, 2016

Perry v. Asphalt & Concrete Servs., Inc. – Accident Insurance Evidence Restricted

By Dean Freeman

Courts are reticent to allow the introduction of evidence pertaining to insurance coverage in accident cases. The reason is that unless it is somehow pertinent to the cause of the crash or extent of the injuries, it can be prejudicial to a jury.

For example, if jurors know that a certain defendant has no insurance, they may decline to impose a significant award of damages to the plaintiff – knowing the defendant is going to have to come out-of-pocket for that expense. Similarly, if jurors had knowledge that a defendant had a sizable insurance policy, they may be inclined to impose a heftier damage award – because they know the insurance company can pay.

Courts prefer to simply take it out of the equation.

In the recent Maryland case of Perry v. Asphalt & Concrete Servs., Inc., a pedestrian was struck and severely injured by a dump truck wherein neither the driver nor the vehicle had the proper liability coverage. But was this fact admissible? Continue reading →

Published on: March 23, 2016

Pedestrian Accident Deaths a Growing Problem Nationally

By Dean Freeman

Pedestrian accident deaths have been a significant issue in Florida for decades. This is largely a result of our streets being designed primarily for motor vehicle traffic – wide roads, high speed limits and few safe spaces to walk or opportunities to cross.

But it’s increasingly becoming a major problem on a national scale.

The new Spotlight on Highway Safety Report, released by the Governors’ Highway Safety Association (GHSA), reveals the pedestrian fatality count for 2015 (when it’s released) is expected to have increased 10 percent over 2014. That would be the largest year-over-year increase since national records have been kept.

As researchers put it, “We are quite alarmed.” Continue reading →

Published on: May 31, 2015

Smith v. Hopper – Pedestrian Accident Weighed

By Dean Freeman

One of the most powerful tools an attorney has are words. Understanding their most efficient use comes with extensive knowledge and experience.

Failure to properly use them could result in negative consequences, ranging from reprimands to new trials.

Such was the case in Smith v. Hopper, an Arkansas Supreme Court case in which justices were divided over whether a defendant was entitled to a new trial after plaintiff’s lawyer misrepresented a certain fact to the jury during closing arguments.

Continue reading →

Published on: October 25, 2014

Woman Killed in a “Freak Accident” at Miami-Broward Carnival

By Dean Freeman

Miami is an epicenter of cultural events where diverse communities throng together for carnivals, music festivals, and celebrations. In a tragic accident, a woman was killed at the annual Miami Broward One Carnival and parade that honors the Caribbean culture. According to reports, a 54-year-old woman was struck by a trailer and killed in a tragic accident. The victim was participating in the parade in costume as a masquerader from the Mascots International Mas Band when she dropped her cell phone on her way to the main stage. When she bent over to pick up the phone between a truck and trailer, the box truck started up and she was struck by the rolling trailer.

Investigations continue, but witnesses report the box truck was hitched to a trailer and at a stop so that the dancers could perform for event judges. The victim was struck by the trailer during the performance and suffered fatal injuries. She was rushed to the Kendall Regional Trauma Center, but later passed away. This is a tragic case involving a preventable accident that demands a thorough and independent investigation. The victims’ family may be entitled to significant compensation for medical expenses, funeral costs, and other losses related to the accidental death.

Heavy traffic, moving vehicles, alcohol, tents, and other hazards at public events can pose a risk of injury or fatality for attendees. In the event of an accident an experienced advocate should review the evidence, identify the cause of injury, and pursue relevant claims against individuals or entities. Liability at public events can be complicated. In this case, an investigation can determine whether the parade had proper oversight, whether the driver was under the influence or had been negligent, and what other factors may have contributed to the accident.

Continue reading →

Published on: September 28, 2013

Young Pedestrian Killed during Walk With Babysitter in Lake Worth

By Dean Freeman

In a recent pedestrian accident in Lake Worth, a 3-year-old girl was killed while walking along Kirk Road with her babysitter when she was struck by a passing pickup truck. According to The Palm Beach Post, the pickup driver lost control of his vehicle, drove through a residential parking lot and slammed into the young child. The vehicle then continues through shrubs, a fence and another parking lot before coming to a complete stop. Officials are still trying to determine if the driver suffered a medical episode before the accident.

Our Lake Worth accident lawyers understand that some accidents are just that — accidents. That’s why it’s important to be ready at all times. Still, the state of Florida continues to be one of the most dangerous states in the country for pedestrian collisions. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 500 pedestrians who were killed in the state in 2011. During that year, we were ranked as the second most dangerous in the country, only following behind the state of California.

Children are some of the most vulnerable in these kinds of accidents. They don’t always understand the workings of traffic and are not able to predict and identify dangers. Unintentional pedestrian injuries are the fifth leading cause of injury-related death in the United States for children ages 5 to 19. Teenagers are now at greatest risk. Teens have a death rate twice that of younger children and account for half of all child pedestrian deaths.
Continue reading →

Published on: August 10, 2013

Broward Traffic Safety Watch: Focus on Intoxicated Pedestrians

By Dean Freeman

(BEING EDITED)

You see it everywhere: ads campaigning for safe and sober driving. And all while we’re focusing on the risks of drunk driving, there’s a new epidemic forming. We’re talking about the risks associated with drinking and walking.

According to the Associated Press, nearly 40 percent of the pedestrians killed in 2012 were legally drunk when the accident happened. The data from the National Highway Traffic Safety Administration (NHTSA) goes on to explain that most of the pedestrians who were killed in these intoxicated pedestrian accidents were those between the ages of 25 and 34. To be more specific, close to 650 of these pedestrians were under the influence when an accident happened.

Our Palm City car accident attorneys understand that intoxicated travelers have become a growing epidemic in our country. In comparison to the intoxicated walkers, intoxicated drivers only accounted for 13 percent of the drivers who were involved in fatal pedestrian accidents. This is a clear sign that it’s not always safe to walk home after spending a night at the bar. Alcohol affects our abilities to make safe decisions. When acting as a pedestrian, alcohol impairment can cause pedestrians to cross the road unsafely, ignore traffic signals and put themselves in dangerous predicaments.

With the release of this news, officials with the U.S. Department of Transportation and with the National Highway Traffic Safety Administration (NHTSA) are stepping in with new tools to help communities to keep their pedestrians safe out there. This is important to communities here in the state of Florida as

As pedestrian fatalities continue to rise, Jonathan Adkins with GHSA encouraged communities to launch their very own anti-drunk walking campaigns. He says that communities have been spending too much time focusing on anti-drunk driving campaigns and that has been a leading factor leading to the increase in intoxicated pedestrian accidents. Residents and visitors think that they’ll be safer walking home — and unfortunately, that’s how thousands are dying.

“We haven’t done such a good job of reminding them that other drunk behavior, including walking, can be just as dangerous,” said Adkins.

Officials aren’t stopping at pedestrians though, they’re also focusing on bicycle riders as intoxicated biking accidents are increase too — especially in areas with popular bike-sharing programs.

According to Transportation For America, Florida holds four of the top five most dangerous areas in the nation for these kinds of accidents. Fort Lauderdale ranks in at number 4 on that list — out of the entire country!

If you’ve been out drinking, and you’ve only got your own two feet to get you home — you might want to think again. Remember that intoxication increases your risks for an accident regardless of what you’re doing. Stay put and call a cab. The last think you want to do is flirt with the dangers of the road.
Continue reading →

Published on: April 17, 2013

Florida Pedestrian Safety a Summer Concern

By Dean Freeman

In 2010, Florida Traffic Crash Statistics revealed that 2.65 pedestrians were killed in car wrecks for every 100,000 residents in the state of Florida. In total, 7,290 pedestrians were injured over the course of the year and another 499 pedestrians were killed. The number of deaths reflects an increase in the rate of fatalities for the first time since the fatality rate began to decline in 2005. The number of pedestrians injured but not killed, however, has continued to go down since reaching a high in 2008.

Our Fort Lauderdale injury attorneys know that despite the decline in pedestrian injuries, Florida remains one of the most dangerous of all states when it comes to pedestrian accidents. There are lots of reasons for this including warm weather making it possible to walk all year round; badly designed roads; and a large senior citizen and tourist population who may not have the best driving skills in all situations.

Florida Pedestrian Safety Tips and Warnings
The thousands of pedestrians injured and killed each year suffer tremendous loss and leave behind loved ones forced to cope with sadness and grief. These injuries and deaths can and should be prevented in order to minimize the financial and emotional costs associated with pedestrian accidents.

Both drivers and pedestrians have certain responsibilities in preventing pedestrian accidents since these types of crashes can often be attributed to the negligent or careless behavior of one or both of these individuals. Drivers can include drivers of motor vehicles, motorcycles and trucks, but can also include bicycle riders who could kill or injure a pedestrian if they were going too fast and struck the walker. In one recent case in California, for example, a bicycle rider was charged with manslaughter because he was speeding and killed a 71-year-old man when his bike crashed into him.

For drivers of cars or bikes to avoid becoming involved in a pedestrian crash, it is important to:

Drive at a reasonable speed so the car or bicycle doesn’t lose control and hit a pedestrian.
Watch for pedestrians at all times and give pedestrians the right-of-way when required by law.
Refrain from behaviors that would make you more likely to hit and injure a pedestrian. Such behaviors can include drunk driving, distracted driving, drowsy driving or even daydreaming when driving. Anything taking your attention away from driving is taking your attention away from a potential future pedestrian who may be unlucky enough to be in your path.

For pedestrians, on the other hand, the focus should be on:

Crossing at designated crosswalks and facilities whenever possible. Avoid jaywalking, which can significantly increase the risk of an injury since drivers may not expect you to step out in the middle of the street to cross.

Look both ways before crossing the road. Never assume that a driver is going to stop and don’t step out onto the street when a driver is coming.

Making sure you don’t have too much to drink. You don’t want to try to walk somewhere drunk or intoxicated as you could end up in a dangerous situation.

These are just a few of the things that drivers and pedestrians can do in order to avoid a devastating wreck that could cost the pedestrian his life.
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Published on: August 15, 2012

Broward Traffic Safety Watch: Pedestrians at Serious Accident Risks

By Dean Freeman

When crossing the road, your best bet is to cross at a crosswalk.

According to recent statistics from the National Highway Traffic Safety Administration (NHTSA), you’re most likely to be injured or killed in a traffic accident if you choose to cross the road at a non-intersection.

According to CNN, more and more pedestrians are at risk of being injured or killed on our roadways. After about 10 years of declining pedestrian fatality statistics, the United States experienced a near 5 percent increase in the number of these fatalities, despite and overall decrease in the number of traffic deaths.

Our West Palm Beach pedestrian accident attorneys understand that there were close to 4,300 pedestrians killed in the U.S. in 2010. An additional 70,000 were injured. As a matter of fact, Florida continues to be ranked one of the most dangerous states in the nation for these accidents. According to the NHTSA, the Sunshine State ranked second place for having the most pedestrian fatalities in 2010. We only followed the state of California.

In 2010, a pedestrian was killed in a traffic accident every 2 hours and one was injured on an average of every 8 minutes. Many of these accidents could have been prevented had drivers of taken than extra second to actually look for pedestrians along our roadways.

According to the NHTSA, about 80 percent of these fatalities occurred at non-intersection areas. About 90 percent of them happened in clear weather, meaning there was no rain or other poor condition to blame it on. Nearly 70 percent of these fatalities occurred at night and more than two-thirds of the pedestrians who died during the year were males.

There are some dangerous days to be a pedestrian, too. Close to half of the pedestrian fatalities from 2010 occurred on a Friday, a Saturday or a Sunday, according to the National Center for Statistics and Analysis. Alcohol was involved with the driver or with the pedestrian in just about 45 percent of the fatal accidents, too.

“Most people are pedestrians at some point in their day,” David Strickland, NHTSA Administrator.

Top Five Most Dangerous States for Pedestrian Fatalities in 2010:

-California: 599 deaths.

-Florida: 487 fatalities.

-Texas: 345 fatalities.

-New York: 303 deaths.

-Arizona 146 deaths.

In 2010, pedestrian fatalities accounted for close to 15 percent of all of the traffic fatalities in 2010.

We would like to remind everyone that the safety of pedestrians is a two-way street. It requires participation from both drivers and walkers. It’s not too late to help to bring these stats back down in 2012.

Drivers are asked to be cautious, especially here in Florida. States with nicer and warmer weather typically experience more pedestrian fatalities because walkers are welcomed outside all year round. Be cautious near schools and near neighborhoods, but always be on the lookout for pedestrians as they can be found virtually anywhere.
Continue reading →

Published on: August 7, 2012

Pedestrian Accident Watch: Woman Killed by Passing Car While Mowing Grass

By Dean Freeman

If you live in a house, it’s a pretty normal occurrence to be out cutting the grass, especially during the summer season. Do you ever think about your risks for a pedestrian accident during this time?

A Sarasota woman wasn’t thinking about it either when she was hit by a car while mowing her grass. According to the Florida Highway Patrol, the woman was mowing the grass on a median across the street from her home when she was hit by a passing vehicle. She died in the accident. The Republic reports that charges are pending on the driver involved in the accident.

The truth of the matter is that many residents spend time outside, whether it’s mowing the lawn, playing with kids in the yard or taking a stroll or a bike ride to get some healthy exercise. Whenever you’re near motor vehicle traffic, you’ve got to keep in mind the risks for an accident. Other travelers may not be looking out for you. You’ve got to fend for yourself out there!

Our Lake Worth pedestrian accident attorneys understand that Florida was ranked as the most dangerous state in the country for pedestrian accidents. Pedestrians and bicyclists need to always be aware of nearby motor vehicle traffic. You can’t rely on the driving habits of others to keep you safe. You’ve got to take the necessary safety precautions and practice your safest and most alert traveling habits to stay safe out there.

Luckily, the Florida Department of Transportation (FDOT) is here to offer you some pedestrian tips to help keep you safe.

Pedestrian Safety Tips:

-If you have to cross the street, make sure that you do so by using a crosswalk or by crossing at a street corner.

-Stay off of the part of the road that’s used for vehicular traffic.

-Avoid walking after it gets dark. Motorists are less likely to see you during this time.

-If you’re out walking while the sun is setting or as it’s rising. Make sure that you wear brightly-colored clothing and reflective materials to help motorists to see you better. You should also carry a flashlight during this time, too.

-Never allow small children to walk near traffic alone. Always supervise children playing outside.

-Remember that a pedestrian may not cross an intersection diagonally except where and when crossing is authorized by official traffic control devices.

-Avoid playing on your cell phone or listening to music while walking. You want to keep all of your attention on the road and on your surroundings.

-Walk facing oncoming traffic if there’s no sidewalk available. Stay as far away from traffic as you can.

Regardless of why you’re walking outside, if you’re doing it then you need to be safe and aware of your surroundings. Accidents, especially with motor vehicle traffic, can strike at any time. Be on the lookout to help to keep yourself safe out there.
Continue reading →