If you were hit in a crosswalk in Fort Lauderdale, you are probably in intense pain from the impact, dealing with escalating medical bills, and a major loss of income while you recover. On top of that, you’re probably getting inundated with calls from insurance companies wanting to settle your claim quickly before you even know what you are owed.
To proceed with your injury claim and receive the fair compensation your injuries deserve, you need to know who caused the accident, who is responsible for your losses, and the compensation you can seek.
Below, our Fort Lauderdale pedestrian accident lawyers explain the traffic laws as they apply to pedestrians, the parties that may be responsible for your losses, and the types of damages you may be eligible to seek.
Florida Pedestrian & Crosswalk Laws
Florida crosswalk laws that govern pedestrian duties and rights fall primarily under Florida Statute § 316.130:
- Pedestrian Right of Way: Under the law, all drivers stopped at an intersection with a marked or unmarked crosswalk must yield to the pedestrian and allow them to cross.
- Pedestrian Obligations: Pedestrians must obey traffic control devices; they must only begin crossing on a permitted signal (like “WALK”), and they lose the right of way if crossing against a “DON’T WALK” signal.
- Unmarked Crosswalks & Intersections: Drivers must treat all intersections as a crosswalk, whether there is a painted crosswalk or not.
- Rules When Crossing Mid-Block: Pedestrians crossing outside any designated crosswalks must yield the right of way to drivers and may have liability issues if they fail to do so.
Additionally, drivers must exercise due care to avoid hitting any pedestrians and observe special care around children or incapacitated people.
Determining Fault in Fort Lauderdale Crosswalk Accidents
For a successful claim, we must be able to identify who caused the Fort Lauderdale crosswalk pedestrian accident. When drivers are at fault, it is often due to such bad driving behaviors as:
- Speeding and reckless driving
- Distracted driving, such as texting while driving
- Impaired driving
- Failing to yield
- Running red lights and disregarding signals
However, it is a common misconception that pedestrians automatically have the right of way. The pedestrian could be at fault when they do the following:
- Jaywalking, or crossing the road outside the designated crosswalk
- Crossing against signals
- Stepping into traffic unsafely, such as being distracted by their phone
The status of the signal, where the pedestrian crossed, and their behavior at the time of the accident will play a role in how fault and liability are determined.
In some cases, third parties like employers for commercial drivers or municipalities for unsafe road design or signals may share liability.
Per Florida Statutes § 768.81, each party’s actions are used to determine their degree of fault. Under this modified comparative negligence law, fault may be shared by all, and compensation is reduced proportionately by the degree of fault. However, if any party is found to be greater than 50% at fault, that party is barred from any recovery.
Evidence That Helps Prove Fault in a Fort Lauderdale Pedestrian Accident
When a pedestrian is hit in a crosswalk, our personal injury attorneys will investigate the accident and gather evidence to prove fault, including:
- Police Reports: Official documentation from the responding officer on the accident, statements from those involved, and citations issued.
- Medical Records: Diagnosis and medical treatment plans that establish the severity and nature of injuries linked to the crash.
- Surveillance and Traffic Camera Footage: Videos showing the sequence of events and whether the driver failed to yield or the pedestrian acted unsafely.
- Eyewitness Testimony: Statements from bystanders can corroborate what law enforcement may or may not have observed.
- Photographs and Scene Documentation: Photos of vehicle damage, crosswalk markings, traffic signals, lighting/visibility conditions, and injuries.
- Expert Analysis: Accident reconstruction experts can explain sightlines, braking distances, and the cause of impact.
Challenges With Insurance Companies When Proving Fault
Even with strong evidence, pedestrians hit by a car in Fort Lauderdale may face additional challenges when dealing with insurers. Insurance adjusters may try to claim that you “darted” into traffic or crossed mid-block to reduce their liability. They will look for opportunities to place a greater degree of blame on you to either devalue or deny your claim altogether.
However, a Broward County pedestrian accident lawyer can protect you from these tactics.
Compensation After a Failure to Yield to a Pedestrian in Florida
Injured pedestrians can seek compensation for the damages they have suffered. Damages are typically categorized as non-economic and economic.
Non-economic damages represent the impact on your quality of life. They include such things as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Economic damages represent the financial burden you incurred, such as:
- Medical expenses, including emergency treatment and future care costs
- Lost wages and diminished earning capacity
- Property damage repairs
Our law firm will compile a complete list of your damages and submit it with your personal injury claim.
Steps to Take After a Fort Lauderdale Crosswalk Accident
To protect your health and settlement, we advise pedestrian accident victims to do the following:
- Prioritize Safety: Call 911 and seek medical attention immediately.
- Preserve Evidence: Gather witness info, photos, videos, and any relevant information from the accident scene.
- Seek Legal Representation: A lawyer understands Florida law and how insurance companies operate; they can manage your claim while you are recovering.
Hit in a Crosswalk? Call the Law Offices of Wolf & Pravato
If you suffered injuries in a pedestrian crosswalk accident, contact the Law Offices of Wolf & Pravato for a free case consultation. We can explain your legal options and next steps forward. Plus, we work on contingency, so you pay nothing unless we win.
Call (844) 643-7200 today.