Miami is a city of contradictions when it comes to walking. It's been ranked the fourth most walkable city in the U.S. — and consistently appears among the most dangerous for pedestrians. The 2019 Dangerous by Design report ranked Miami as the 14th most dangerous city in the country, and Florida outranks every other state for pedestrian deaths. Eight of the ten most dangerous U.S. cities for pedestrians are in Florida.
Is distracted driving behind the rise in pedestrian deaths?
Almost certainly. The Pedestrian Danger Index shows a 35.4% increase in pedestrian deaths from 2008 to 2017, even though people aren't walking dramatically more or driving dramatically more than before. The variable that has changed is the smartphone — drivers' eyes and attention are on their screens rather than the crosswalk.
Other forms of driver negligence behind pedestrian accidents:
- Failure to yield at crosswalks
- Trying to beat a red light
- Turning right on red without checking for pedestrians
- Exiting parking lots or alleys without looking
- Whipping around a stopped vehicle that was yielding for a pedestrian
- Driving onto the sidewalk from loss of control, mechanical failure, a medical emergency, or DUI
- Sidewalk construction or obstructions forcing pedestrians into the street
Who is at fault in a pedestrian accident?
Sometimes the driver, sometimes the pedestrian, sometimes both. Under Florida's comparative negligence law, a pedestrian's recovery is reduced in proportion to any fault assigned to them. Insurance carriers know this and aggressively shift blame to victims to cut payouts. Brandon Chase investigates thoroughly, builds the case that proves the driver's negligence, and pushes back on insurer attempts to pin partial blame on his clients.
Who pays for pedestrian accidents in Florida?
If you have PIP coverage on a vehicle, you can use it as a pedestrian. If not, the at-fault driver's PIP may apply — subject to the same limits as car accident claims ($10,000 cap, $2,500 if you missed the 14-day treatment window). If your injury meets Florida's serious-injury threshold, you can sue the at-fault driver for the full value of your medical expenses, lost wages, and pain and suffering.
Help for Miami pedestrian accident victims
After a serious pedestrian accident anywhere in Florida, call 305-677-2228 for a free case evaluation.