Pedestrian Accidents

Palm Beach Injury Lawyer Reviews Legal Options in Bicycle Accidents & Pedestrian Accidents

September 4, 2024 | by David J. Halberg, Esq.

Florida has one of the worst track records for safety of its bicyclists and pedestrians. Talking to a Palm Beach injury lawyer as soon as possible following bicycle accidents or pedestrian accidents is important to begin building a case that maximizes your chance of obtaining fair compensation against the negligent drivers who inflicted harm. Palm Beach injury lawyer bicycle accidents pedestrian accidents

Of the 394,000+ crashes reported in Palm Beach County last year, 10,300 were pedestrian accidents and 8,400 were bicycle accidents, according to the FLHSMV. Of the 3,400 people who died in Palm Beach traffic crashes in 2023, bicyclists comprised 227 of them, while pedestrians accounted for 790. Bicyclists and pedestrians are far more likely than other road users to be seriously hurt or killed when they’re in a crash (compared to other motorists). It’s also exponentially more likely that the drivers involved in pedestrian and bicycle accidents will leave the scene in a hit-and-run.

Investigators conclude a myriad of causal factors in these cases, including distracted driving, speeding, failure to yield or impaired driving. But almost always, it comes down to driver error. And even if the bicyclist or pedestrian was partially at-fault, they can still pursue compensation, so long as their percentage of comparative fault doesn’t exceed 50%. (Even if a bicyclist or pedestrian is half responsible for the accident, they can still collect damages on the other 50% from the at-fault driver – which can be a substantial sum considering how many result in serious consequences like traumatic brain injury, spinal cord injury, broken bones and internal organ damage.)

Avenues of Compensation in Florida Bicycle Accidents and Pedestrian Accidents

Injured bicyclists and/or pedestrians have a few potential avenues they can pursue for compensation.

The first is PIP, or personal injury protection coverage. As outlined in F.S. 627.736, is no-fault protection that provides up to $10,000 in coverage (80% of medical bills and 60% of lost wages up to that $10,000), regardless of who was to blame. The nice thing about PIP is you don’t have to prove negligence. You may be able to collect PIP from the driver’s policy or your own. Even though you weren’t in a car at the time of the incident, your own PIP car insurance will likely still consider the incident a coverable offense if you were struck by a motor vehicle. Continue reading

Being Drunk Doesn’t Nullify Florida Pedestrian Accident Injury Claim

May 25, 2024 | by David J. Halberg, Esq.

Florida is one of the deadliest places in the U.S. to travel by foot. In a single recent year, there were more than 10,000 pedestrian accidents in Florida – 765 of those fatal. Palm Beach pedestrian accident lawyer

In a recent national analysis of pedestrian accidents by the Governors Highway Safety Commission, researchers reported that among pedestrians 16 or older killed in crashes involving a motor vehicle, nearly one-third of the pedestrians had a blood-alcohol concentration of 0.08% or greater. By comparison, 19% of pedestrian accident fatalities involved a driver who was drunk.

To be clear: Only one of those is against the law. As long as someone isn’t underage or disorderly, it’s not illegal to walk in public while impaired. In fact, walking home (versus driving) is considered a smart choice for those who have been out imbibing.

It’s true that drunk pedestrians may be more prone to violating certain traffic safety rules. But their impairment alone is not evidence of negligence. Even if they did err, they’re unlikely to hurt anyone but themselves. That’s why drivers still bear the brunt of the responsibility. Even if pedestrians do make a make a misstep, that does not mean they cannot file a Florida pedestrian accident lawsuit (or that their survivors cannot file a wrongful death pedestrian lawsuit).

As our Palm Beach personal injury lawyers can explain, the impairment of a plaintiff pedestrian can be used by the defense as evidence of comparative fault in a lawsuit. However, it doesn’t absolve the driver of liability for their own negligence.

Unfortunately, the issue of comparative fault in Florida injury cases has become a much bigger sticking point in recent years, thanks to recent legislative changes. So if you are a pedestrian who was injured while impaired, it is important to hire a personal injury lawyer who knows the proof burden you’re facing — and how to effectively push back on those claims of comparative fault.

Changes in Florida’s Comparative Fault Law

Up until fairly recently, Florida was a pure comparative fault state with respect to negligence claims. Continue reading

Injured in a West Palm Beach Pedestrian Accident? Here’s What to Know About Filing a Claim for Damages.

March 1, 2024 | by David J. Halberg, Esq.

South Florida has a reputation for being somewhat risky. It’s got a plethora of alligators, firearms and hurricanes. But as it turns out, one of the riskiest things you can do here is take a stroll. West Palm Beach pedestrian accident lawyer

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are an average of more than 9,300 pedestrian accidents in this state every year. As a result of those, more than 5,800 pedestrians are injured (more than 1,360 of those injuries are serious), and nearly 800 die. Risky driver behaviors, such as speeding, drunk driving, and distracted driving, contribute to these incidents and have been on the rise.

From 2010 to 2021, the pedestrian death rate in Florida rose nearly 80%, while other types of traffic fatalities increased by 25%. Florida has the third-highest rate of pedestrian deaths nationally in 2021. (In some recent years, it’s ranked No. 1.) That same year, state lawmakers passed a measure requiring the state driver education test to include a minimum of 25 questions on pedestrian and bicyclist safety.

Hiring a Palm Beach Injury Lawyer Key to Full & Fair Crash Compensation

September 5, 2023 | by David J. Halberg, Esq.

In the aftermath of a Southeast Florida car accident, there’s no requirement that you MUST hire a Palm Beach personal injury lawyer with a claim for damages. But there is strong statistical evidence that doing so will significantly improve your odds of prevailing with full and fair damages. Palm Beach injury lawyer

One analysis published by the Insurance Research Council a few years ago revealed lawyer-represented crash victims received damage awards that were on average 3.5 times higher compared to those who didn’t hire a lawyer.

This supports much of the previously-established data on this issue.

In a 2010 empirical evidence study published in the peer-reviewed Seattle Journal for Social Justice, researchers conducted meta analysis of other studies dating back decades on how access to a lawyer impacts the outcomes of civil cases – including personal injury claims. What they found was:

In every study reviewed, “lawyered-up” claimants were far more likely to win. (Exactly how much more likely varied from study-to-study, with most ranging somewhere from 20 percent higher to 4 times higher.) Part of this might be explained by the fact that civil lawyers tend to take on more meritorious cases. But then again, that’s one of the many benefits you get with hiring a Palm Beach injury lawyer: Confidence that you aren’t wasting your time because you’ve got a case worth pursuing.
To minimize the influence of the merit-based argument, another study involved civil lawyers providing their services at random to a group of sample litigants. The outcomes in their cases were then compared to those of similarly-situated (but non-represented) litigants. Those who had lawyers were 4.4 times more likely to win than those who represented themselves.
Another analysis concluded that in higher complexity civil cases (including serious personal injuries, medical malpractice, and wrongful death), plaintiffs represented by attorneys were 40 percent more likely to win.

Why Does Hiring a Palm Beach Injury Lawyer Make Such a Difference?

Some of the researchers’ theories about why hiring a lawyer makes such a difference in case outcomes: Continue reading

Thanksgiving Safety Tips From Our South Florida Injury Lawyers

November 19, 2021 | by David J. Halberg, Esq.

Thanksgiving is all about gathering and good eats. Lots of folks are especially excited about this year’s festivities, as pandemic-related restrictions have increasingly eased. However, many holiday safety concerns persist year after year. Palm Beach injury lawyer

As longtime South Florida injury lawyers, the cases we handle almost all involve preventable injuries resulting from the failure of someone else to use reasonable care – not necessarily because they meant to cause harm, but simply because they weren’t careful. If at all possible, we want people to avoid associating joyful holidays like Thanksgiving with sadness or regret. That’s why we urge everyone to take a few minutes to ensure they’re being as safe as possible – behind the wheel, in front of the stove, through the stores, and at the table.

Driving Dangers on Thanksgiving

Prevent West Palm Beach Motor Vehicle Crashes by Not Texting or Talking on the Cell Phone

December 20, 2011 | by David J. Halberg, Esq.

Last week, our West Palm Beach personal injury law firm reported that the National Transportation Safety Board is calling for all states to ban texting and cell phone calls while driving. We also wrote about the upcoming debate among Florida lawmakers regarding whether or not to ban texting in the state.

This week, we’d like to blog about a recent National Highway Traffic Safety Administration survey on the distracted driving habits of Americans. Over 6,000 drivers participated. Per the results:

• At any moment, nearly one out of every 100 drivers is e-mailing, texting, surfing the Internet, or doing something else with a hand-held device while operating a motor vehicle.
• Most of those surveyed admitted to answering phone calls while driving.
• Close to two out of every 10 drivers surveyed admitted to e-mailing or texting. Drivers in the 21-24 age group were most likely to text while driving.
• Over 50% of drivers don’t believe that making a call affects their driving performance.
• About 25% said they don’t think that e-mailing or texting impacts their driving.
• 90% of drivers don’t like it if the person driving the car they are riding in is e-mailing or texting • More drivers said they read texts over sending them.
• Two times as many drivers admitted to answering calls over making them while operating a motor vehicle.

As evidenced by the survey results, most drivers think that they can text or talk on the phone safely while driving. Unfortunately, this is not the case. Cell phone conversations and texting takes a motorist’s attention away from the task at hand, which means he/she is not 100% focused on the task at hand. This can make it hard to avoid causing or becoming involved in a South Florida traffic crash. Remember that it takes just a few seconds for a catastrophic Miami motor vehicle accident to happen-those same seconds that a driver’s eyes are off the road in order to read an e-mail or dial the phone.

Over the last couple of years, Federal, state, and local safety officials have made a concerted effort to educate people about the dangers. Yet even when there are laws limiting cell phone use or banning texting, some people can’t seem to stop themselves, which places everyone in danger.

Drivers can no longer say that they didn’t know that distracted driving can kill people. As the victim of a distracted driving accident, you may be able to pursue Palm Beach traffic crash damages from the negligent motorist.

More drivers texting but few think it’s dangerous, survey says, The Denver Post/AP, December 9, 2011
NTSB pushes for nationwide ban on cellphone use for drivers, The Washington Post, December 14, 2011
National Distracted Driving Telephone Survey Finds Most Drivers Answer the Call, Hold the Phone, and Continue to Drive, NHTSA (PFD)

More Blog Posts:
As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal, South Florida Injury Lawyer Blog, December 13, 2011
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011
West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011 Continue reading

As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal

December 13, 2011 | by David J. Halberg, Esq.

In the upcoming legislative session due to start next month, Florida legislators will once again consider whether texting should be banned in the state. Right now, Florida is one of 15 US states that haven’t made texting while driving illegal. Florida is also among the few states without any type of restriction on cell phone use while driving. Our Miami personal injury law firm is familiar with the types of catastrophic South Florida car crashes that can occur because someone was distracted driving.

This time around, however, lawmakers who favor a statewide texting ban may be coming into the debate with the extra support they need following today’s recommendation by the National Transportation Safety Board that use of cell phone and text messaging devices while driving be made illegal throughout the US-unless, of course, there is an emergency situation. Although the NTSB cannot impose state laws, its recommendations are taken seriously by lawmakers.

The federal safety board called is calling for the ban because it says distracted drivers are threatening public safety. According to a National Highway Traffic Safety Administration survey, distracted driving was a factor in at least 3,092 US traffic crashes last year and at any moment during daylight hours, close to 1 out of 100 drivers is using handheld phones. NTSB member Robert Sumwalt even went so far as to call distracted driving the “new DUI.”

When explaining the need for a nationwide ban, the NTSB cited the tragic multi-vehicle Missouri traffic pileup in August 2010 involving a tractor-trailer, a pickup truck, and two buses. More than 30 people were injured and two people killed, including the 19-year-old driver of the pickup, who, within 11 minutes, sent or received 11 text messages. The other victim that died was a 15-year-old that was riding the school bus.

Texting, emailing, and talking on the cell phone are dangerous activities when done while driving. You want to work with a Palm Beach car crash law firm that knows how to prove that the other party’s negligence caused your injuries or a loved one’s death. Just because these driving habits are still legal in Florida does not mean you cannot recover damages.

Cellphone ban while driving? The tragedies behind the issue, Los Angeles Times, December 13, 2011
NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

More Blog Posts:
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011
West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011 Continue reading

Decline in Florida Motor Vehicle Crashes Reported

September 29, 2011 | by David J. Halberg, Esq.

According to the state’s Department of Highway Safety and Motor Vehicles, there has been a 4.6% drop in the number of Florida traffic deaths. Compared to 2009, when there were Florida 2,565 motor vehicle fatalities, there were 2,444 Florida traffic deaths reported in 2010. That’s a nearly 31% drop since 2005. County wise, the number of traffic fatalities also went down in Miami-Dade, Palm Beach, and Broward Counties last year.

2010 figures also show, however, that the number of Florida pedestrian deaths have gone up by 3.5%. There were 482 pedestrian fatalities in 2009 and 499 Florida pedestrian deaths in 2010.

Other 2010 Florida Traffic Facts:

Palm Beach County Pedestrian Accident Kills 72-Year-Old Boynton Beach Man

May 23, 2011 | by David J. Halberg, Esq.

72-year-old Patrick Macklin died today when he was fatally struck in a Boynton Beach pedestrian accident. The Palm Beach County Sheriff’s Office says that Macklin was walking on Woolbright Road early in the afternoon when he was hit by a BMW. According to one witness, Palm Beach County Fire Rescue workers told her Macklin might have survived the traffic crash if someone had conducted CPR on him before rescuers arrived.

Elderly Pedestrians

In Florida, which is a haven for many seniors and retirees, there are often elderly residents out walking. It is important for drivers to realize that some older pedestrians may not be as alert or as quick to respond as their younger adult counterparts, which is why motorists should exercise caution when they seem them on the road and sidewalks.

Miami-Dade County Car Crashes on I-95 Kill Four, Injure Three

March 6, 2011 | by David J. Halberg, Esq.

In a tragic series of events on Saturday, four people were killed on Interstate 95 close to Miami Shores. The victims appear to have gotten out of their vehicles to check on another traffic crash. A fifth pedestrian who was with them was taken to Jackson Memorial Ryder.

According to the Florida Highway Patrol, the first of multiple Miami-Dade County car crashes on I-95 occurred at around 4:45 am when a vehicle drove into the concrete median wall close to 103rd street. A Ford auto then pulled over on the shoulder. Not long after, the driver of a Honda, who was in the express lane, swerved to avoid hitting the first car but then ended up striking the five pedestrians and the Ford. The Honda’s driver and its passenger were also transported to Jackson Memorial Ryder. Police are trying to determine exactly what happened.

Miami-Dade Traffic Crashes