Pedestrian Accidents Caused by Distracted Drivers in Florida

Florida pedestrian accident lawyer explains what injury victims need to know

Pedestrian accidents happen every day in Florida. Whether it’s crossing Atlantic Boulevard in Fort Lauderdale or walking alongside Northeast 15th Street in Miami, all it takes is one reckless driver to cause a serious or fatal pedestrian accident.

In recent years, an increasing number of pedestrian accidents have been caused by distracted drivers. Whether it’s texting while driving or looking up directions behind the wheel, these drivers often injure pedestrians and turn their lives upside down in an instant.

When this happens, injured pedestrians need to act fast – to protect their health and their legal rights. That’s why it’s critical that pedestrians understand how the legal system works in Florida when it comes to distracted driving accidents. Florida attorneys at Personal Injury Legal Solutions explain what injured pedestrians need to know.

How common are pedestrian accidents in Florida?

Sadly, pedestrian accidents remain one of the most common types of accidents in Florida. Every year, roughly 10,000 pedestrian accidents happen in Florida, resulting in more than 8,000 pedestrian injuries and 700 fatalities, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

That’s roughly one pedestrian accident every 52 minutes in Florida. This is why injured pedestrians need to fully understand their legal rights in such situations. Otherwise, they might not get the support or resources they need to fully recover.

How do distracted drivers cause pedestrian accidents?

Distracted drivers often cause pedestrian accidents because they fail to pay attention to their surroundings. In Florida, where roads are filled with tourists, schoolchildren and people walking to work or the beach, even a brief moment of inattention can have devastating consequences. When drivers choose to focus on their phones, GPS or other distractions instead of the road, pedestrians are usually the ones who suffer.

Some of the most common driver distractions that lead to pedestrian accidents include:

Using a phone to text, call, or check apps
Programming or looking at a GPS while driving
Eating or drinking behind the wheel
Adjusting the radio or streaming device
Reaching for items in the passenger seat or back seat
Talking to passengers and losing focus on the road
Daydreaming or mentally preoccupied
Looking at things outside the vehicle, like billboards or scenery

Distracted drivers often fail to notice pedestrians in crosswalks, at intersections or stepping off curbs. In many cases, they don’t see the pedestrian until it’s too late to stop. When that happens, distracted drivers should be held accountable for their actions and for injuring pedestrians.

Types of pedestrian accidents involving distracted drivers

In Florida, distracted drivers frequently cause certain types of accidents that result in serious pedestrian injuries. Common situations often include:

Marked crosswalks – Drivers who are texting may blow through a red light or fail to yield to someone in the crosswalk.
Unmarked intersections – A distracted driver might miss a pedestrian legally crossing where no signals are present.
School zones – With children walking to and from school, even a quick glance at a phone can be deadly.
Neighborhood streets – Pedestrians walking dogs or going for a jog are vulnerable when drivers are distracted and not paying attention.
Parking lots – Many drivers look down at their phones while backing out, failing to see pedestrians behind their vehicle.
Urban centers – In downtown areas, turning drivers distracted by navigation or text messages often fail to yield to crossing pedestrians.

Pedestrian accidents caused by distraction are avoidable. Drivers have a choice to pay attention and focus on the road. When they fail to do so and cause a pedestrian accident, they should be held accountable for injuring a pedestrian in Florida.

What are common pedestrian injuries in distracted driving accidents?

Pedestrian injuries caused by distracted drivers can range from mild to severe. Unlike people inside a vehicle, pedestrians have no protection from the impact of being hit by a car. Common pedestrian injuries include:

Traumatic brain injuries (TBIs)
Broken bones, including legs, arms, ribs, and pelvis
Spinal cord injuries, including paralysis
Internal bleeding and organ damage
Facial fractures and dental trauma
Road rash and deep abrasions
Crush injuries to the torso or limbs
Knee, hip and shoulder dislocations
Nerve damage and loss of sensation
Psychological trauma such as PTSD

These injuries often require long-term medical care and significantly impact a person’s quality of life. Many injured pedestrians experience chronic pain for months or years after their accident. That’s why holding the distracted driver accountable is so important.

What are Florida’s distracted driving laws?

Florida has specific laws designed to reduce distracted driving and protect everyone on the road, including pedestrians. One key statute is Florida Statute 316.305, known as the “Wireless Communications While Driving Law.”

Under this Florida law, drivers cannot read, write, or send a text message while driving. Specifically, drivers are prohibited from manually typing or entering multiple characters into a device for the purpose of non-voice communication. The statute states, “A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device.”

In addition:

Handheld cellphone use is banned in school zones and active work zones in Florida.
Young drivers with learner’s permits are banned from using any wireless devices, even hands-free.

These laws are meant to protect everyone on Florida roads. When distracted drivers violate these laws and injure pedestrians, such violations can be used as evidence of negligence in a pedestrian injury lawsuit.

What if a distracted driver denies being distracted?

It’s common for drivers who cause pedestrian accidents to deny being distracted, especially if no police officer witnessed the behavior. However, a denial doesn’t mean the victim is out of options. There are ways to investigate what really happened and prove that the driver was distracted when they caused your accident.

First, a skilled attorney can gather evidence that contradicts the driver’s story. For example, if a driver was texting, calling, or scrolling on social media at the time of the crash, that electronic information can often be retrieved and used to build a strong case.

Additionally, vehicle data and crash scene analysis may support claims of distraction. The goal is to uncover the truth and hold the at-fault driver accountable, even when they won’t admit fault. That’s why it’s important to have an experienced attorney handling your case as soon as possible after your pedestrian accident.

What evidence can prove a driver was distracted?

Proving driver distraction often requires a close investigation of the accident and access to digital and physical evidence. Useful evidence in a pedestrian accident case caused by a distracted driver can include:

Cellphone records showing texting or app usage at the time of the crash
Dashcam or surveillance video capturing the driver’s behavior
Witness statements about what they saw before or during the crash
Vehicle event data recorder (black box) logs, especially if the driver didn’t apply the brakes or slow down before the accident
Police accident reports noting distraction or citations
Social media activity during the time of the accident
GPS data showing erratic or unusual driving behavior
Photos of the crash scene, including the point of impact, skid marks or lack of skid marks
Statements made by the driver at the scene

Together, this evidence can build a compelling case that the driver’s inattention caused your pedestrian injury. Legal help is often needed to obtain and preserve this proof. This is why it’s important to have a skilled lawyer who knows how to investigate pedestrian accidents caused by distracted drivers.

What should injured pedestrians do after a distracted driving accident?

Taking the right steps after a pedestrian accident can protect your health and legal rights. Here’s what injured pedestrians in Florida should do:

Call the police to report the crash and ensure an official report is created.
Seek immediate medical attention, even for minor symptoms.
Do not admit fault or speculate about the cause of the crash.
Take photos of the accident scene, your injuries and any vehicles involved.
Collect contact information (name, address, phone number, driver’s license number) from the driver and any witnesses.
Request a copy of the police report once it’s available.
Save any clothing or belongings damaged in the accident.
Avoid speaking to insurance companies until you talk to a lawyer.
Follow your doctor’s medical advice.
Attend follow-up doctor’s appointments.
Call a lawyer who understands Florida pedestrian accident claims.

These steps can help strengthen your legal case and give you the best opportunity to obtain the compensation you deserve for all your financial losses.

What expenses can injured pedestrians be compensated for?

Pedestrians hit by distracted drivers often face significant financial burdens. Fortunately, Florida law allows injured pedestrians to seek compensation for all financial losses related to their accident. Compensation can include money for a wide range of expenses, including:

Emergency medical care and hospital bills
Surgery, rehabilitation, and long-term treatment
Prescription medications and assistive devices
Lost wages and loss of future earning capacity
Pain and suffering
Emotional distress and mental health care
Permanent disability or disfigurement
Loss of enjoyment of life
Transportation costs related to injury treatment
Home modifications for accessibility

A lawyer can help you identify all the losses you’re entitled to recover and demand full compensation from the at-fault driver or their insurance company. This might sound simple. But many people often overlook certain expenses, which can make a big difference between being on firm financial ground or struggling to pay the bills due to a serious pedestrian accident.

How much is my pedestrian accident claim worth?

The value of your pedestrian accident claim often depends on many different factors. No two cases are the same, and compensation is based on the unique impact your accident had on your life. This often includes the severity of your injuries, the cost of your treatment and how much time you need to fully recover.

Insurance companies will often consider your lost income, long-term care needs and whether you have a permanent disability. But many insurance company claims don’t take into account non-economic damages, which don’t have a specific dollar amount tied to them but which can be just as important.

Non-economic damages often include pain and suffering or loss of enjoyment of life. These damages (financial losses) are harder to quantify but are just as important. And the more serious and life-altering your pedestrian injury, the higher the potential value of the claim.

Because there are so many variables, it’s critical to have an experienced Florida pedestrian accident lawyer review your case. A lawyer can calculate the full scope of your financial losses and demand every dollar you deserve from the at-fault driver’s insurance company.

Can I sue the distracted driver who caused my pedestrian accident?

Yes. If a distracted driver caused your pedestrian accident and your injuries meet Florida’s legal threshold for filing a lawsuit, you can sue the at-fault driver. Suing may be necessary, especially if the at-fault driver’s insurance company negotiates in bad faith and refuses to make a fair settlement offer.

Under Florida law, you can file a civil lawsuit for damages, the legal term for compensation for financial losses. Keep in mind that your civil lawsuit is separate from any criminal charge or pending criminal case against the at-fault driver. As a result, no matter the outcome of such a criminal case, your civil lawsuit can continue to work its way through Florida’s court system.

In many cases, filing a lawsuit motivates the driver’s insurance company to offer a fair settlement. You have a limited amount of time to file a pedestrian accident lawsuit in Florida, so don’t delay. Consulting with an attorney as soon as possible helps protect your legal rights.

Why should I hire a Florida distracted driving accident lawyer?

Pedestrian accidents caused by distracted drivers in Florida are often challenging to prove, especially if the driver denies doing anything wrong. An experienced Florida distracted driving lawyer can investigate the crash, secure critical evidence and hold the driver accountable.

Our attorneys know how to build strong legal cases based on solid evidence. From interviewing witnesses to working with accident reconstruction experts, we leave no stone unturned in pursuit of the compensation you rightfully deserve.

We’re here to handle the legal work while you focus on healing. You don’t have to take on the insurance company alone. Contact us to schedule your free case evaluation with a Florida pedestrian accident lawyer who will stand up for your rights. We handle distracted driving accident claims and lawsuits throughout Central and South Florida.

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