According to statistics from the National Highway Traffic Safety Administration, 4,092 pedestrians died as a result of motor-vehicle related crashes in 2009.[2]  This is actually a sharp decline from the 4,414 pedestrians killed in 2008, and from the 5,228 pedestrians killed 11 years prior in 1998.[3]  While this decline may appear to be encouraging, a whopping 482 of those pedestrian fatalities in 2009, or 11.8%, occurred in Florida.[4] 

Also according to the statistics from the National Highway Traffic Safety Administration, there were 59,000 reported pedestrian injuries that occurred as a result of traffic crashes in 2009.[5]  Of those, 7,676, or 13%, were in Florida.[6]

What should you do if you are a pedestrian injured in an accident with an automobile?

1. Call the police: Immediately call the police, or ask for someone at the scene of the crash to call the police.  This is important to be able to obtain an official record of the incident, which should list the parties involved as well as any individuals who may have witnessed the crash.
2. Obtain the personal and insurance information of those involved in the crash: You should obtain the contact and automobile insurance information from any individual(s) who was involved in the crash.  Obtaining this information may ultimately assist you in making a claim for any medical expenses you may incur, or for other damages you may sustain as a result of the crash.
3. Seek medical attention: After an accident you may feel a lot of anxiety, and from the shock of the crash you may not initially feel the extent of the injuries sustained.  It is common for these injuries to surface hours, or even days after the accident.  Even if you do not initially realize these injuries it is important to seek immediate medical attention, especially in a collision involving a motor vehicle versus a pedestrian.

Who will pay the medical expenses of a pedestrian who is involved in a crash with a motor vehicle? 

If you are a pedestrian involved in a crash with a motor vehicle in Florida, you may be concerned about who will pay your medical expenses, and how your medical expenses will be paid.  Florida Statute Section 627.736 mandates how a pedestrian’s medical expenses are to be paid under these circumstances.  Under this Section, the insurance that pays for these expenses is known as Personal Injury Protection (or PIP) coverage.  Every motor vehicle registered in Florida is required to maintain PIP coverage, and this insurance covers you as an injured pedestrian in this scenario as follows:

1. If you own a motor vehicle, your own PIP coverage maintained for that motor vehicle will pay these expenses; or
2. If you do not own a motor vehicle, you may be entitled to PIP coverage from the automobile insurance coverage of a resident relative who owns a motor vehicle; or
3. If you do not own a motor vehicle, or reside with a resident relative who maintains auto insurance coverage under which you are covered, then you may seek PIP coverage from the insurer of the motor vehicle who caused the crash.

Florida Statute Section 627.736(1) also specifically sets forth which expenses incurred as a result of this crash are to be paid.  It requires the payment of 80% of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices, and medically necessary ambulance, hospital, and nursing services.  It also requires payment of 60% of the loss of gross wages and loss of earning capacity as a result of injuries caused by the accident.  In addition, you may also qualify for reimbursement of expenses reasonably incurred for necessary services that you would have otherwise performed but for the injuries (such as having to hire a cleaning service which you did not require prior to the accident).  Please keep in mind that in Florida these total expenses are paid to a limit of $10,000.00, (although you may purchase additional PIP coverage beyond this requirement). 

It is extremely important to know that in addition to these PIP benefits, as a pedestrian who was injured as a result of a collision with a motor vehicle, you may be entitled to receive other damages from the individual and/or from the insurance company of the individual who caused the crash.  These damages include pain and suffering, additional lost wages and loss of earning capacity, outstanding medical expenses and other out-of-pocket expenses incurred, and  future medical expenses that you may require.

Therefore, if you are a pedestrian who was struck by a motor vehicle, there are specific guidelines governing the payment of medical and related expenses, and you may also be entitled to other damages that result from the crash.  If you were injured, call the lawyers at Lesser, Lesser, Landy & Smith who have handled many pedestrian accident claims, and can use their vast knowledge and experience to help guide you through the process, protect your interests, and maximize the recovery of all related damages to which you may be entitled.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

1. Safety helmets – Section 316.211 Equipment for Motorcycle and Moped Riders – Not required for those over the age of 21 with a minimum of $10,000 in medical insurance. Despite the fact that the law does not require the use of a helmet, it is without a doubt the single most important element of motorcycle safety. As trial attorneys, we have encountered those clients that have been involved in motorcycle accidents that, due to the use of a helmet, broke their bones but kept their brains intact. On the other hand, we have also encountered the tragic results of a catastrophic brain injury, and even death, which may have been prevented by the use of a helmet.

2. Licenses and Educational Requirements – Prior to their obtaining their license, the riders must pass a skill as well as a knowledge test. Florida will accept motorcycle endorsements from other states.

3. Eye protection – Eye protection is required by Florida law at all times while operating a motorcycle.

4. Daytime use of headlight – In order to maximize the motorcycle’s visibility to oncoming traffic, daytime use of headlights is required by Florida law, although a modulating headlight is permitted.

5. Passenger – A passenger seat, as well as passenger foot rest, are required for all passengers. There is no age restriction for motorcycle passengers.

6. Speakers – Motorcycle speakers, as well as helmet speakers, are allowed. On the other hand, earphones are illegal as they are obstructive to proper hearing of the motorcyclists.

7. Safety inspections – Florida has no periodic safety inspection requirement.

8. Mufflers – Pursuant to Florida Statute 316.293(5)(A), Noise Abatement Equipment Modifications – No person shall modify the exhaust system of a motorcycle or any other noise abatement device of a motorcycle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motorcycle is above that emitted by the vehicle as originally manufactured.

9. Insurance Requirements – The financial responsibility laws are unique in Florida as they apply to motorcyclists. Florida’s no-fault, or “PIP law”, is mandatory for cars and trucks. This coverage pays for the occupant’s first $10,000.00 or more in medical expenses. This law does not hold true for motorcyclists – Florida’s no-fault law is inapplicable to motorcyclists. On the other hand, the financial responsibility law does apply to all motor vehicles including motorcyclists. Thus, it is highly recommended that all motorcyclists purchase motor vehicle liability insurance. Failure to carry property damage and bodily injury insurance, in case of a crash, may result in possible license suspension.

10. Operation – Pursuant to Florida Statute 316.209, motorcyclists may operate two abreast in the same lane. Specifically, the statute states, “Motorcycles on Roadways Lanes of Traffic – (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.”

On the other hand, motorcycle lane splitting is prohibited. Pursuant to Section 316.209(2), Operating Motorcycles on Roadways Laned for Traffic, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

Motorcycles are fun to operate and serve as an economical source of transportation. In order to stay safe and protect yourself, it is imperative to follow the laws of the road.

Always keep in mind that while the laws are the same for motorists and cyclists, there are real differences between the two modes of transportation.  For instance, motorists instinctively look out for other motor vehicles but they do not watch as carefully for pedestrians or fast-moving bicycles traveling on sidewalks, cross-walks and shoulders, especially those traveling in the opposite direction from the traffic flow.   Be visible during the day and night.  Wear bright clothing even during the day.  Wear eye-catching bike jerseys – the more bright and colorful, the better.  You need to be seen.  Stay out of blind spots of all cars, trucks and buses.  Use lights and reflectors in the early morning or at night.  At night, use a front white light and a flashing rear light.  Wear light-colored, reflective clothing, and at night use retro-reflective tape or markings on your equipment or clothes. 

Motorists are shielded by their car’s body and frame.  Bicyclists don’t have that kind of protection.  Bicycle accidents are one of the main causes of brain injuries.  A helmet is the most effective way to prevent head injuries resulting from a bicycle crash.  Bicycle helmets are 85 to 88 percent effective in mitigating head and brain injuries.  Florida has mandatory helmet laws for children under the age of 16.   It is imperative that anyone who rides a bicycle wear a helmet.  

Let motorists know exactly what you are doing.  While signals are not required if you need both hands for control, at all other times, you must use hand signals and try to make eye contact with nearby motorists to make sure they are aware of you.  Ride in the same direction as traffic when riding on a roadway or street. (Florida Statute 316.081) Taking the necessary precautions and following the traffic laws will increase your safety and make for an enjoyable ride. 

More information about traffic laws for bicyclists and motorists may be found at: http://www.dot.state.fl.us/Safety/ped_bike/laws/ped_bike_bikeLaws1.shtm