Crosswalk Accidents in Miami
When you’re crossing at a crosswalk in Miami, all it takes is one inattentive driver to cause a devastating accident that lands you in the hospital with more medical bills than you can count. In an area where you should feel safe to cross the street, some drivers make the roadways dangerous for all pedestrians.
For parents, this is extreme distressing when they have children walking to and from school. Speeders in school zones have been known to not watch their surroundings closely and blow right through crosswalks where children are crossing. Sometimes, not even a crossing guard can stop a negligent driver.
At Neufeld, Kleinberg & Pinkiert, PA, we know how devastating a crosswalk accident can be for pedestrians and their families. That’s why we’re committed to bringing these negligent drivers to justice and getting compensation for our clients. If you’ve been involved in a crosswalk accident, don’t hesitate to file a personal injury lawsuit and receive the compensation you deserve.
Florida Laws Regarding Crosswalks
At crosswalks, pedestrians have the legal right-of-way. This means that all drivers should be yielding to pedestrians at crosswalks. Florida Statute 316.130 outlines all traffic laws regarding pedestrian traffic, but here’s a quick breakdown of the sections concerned with crosswalks:
316.130 7(a): The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
316.130 7(b): The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
316.130 7(c): When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
316.130 9: Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Even thought pedestrians do have the right-of-way, drivers do not always stop, especially if they’re distracted. To safely cross even at crosswalks, pedestrians are encouraged to look left, right, and then left again to make sure no vehicles are coming. If it appears that a driver is not stopping, pedestrians should try to make eye contact. If no eye contact is made, pedestrians may want to wait before crossing the road.
Proving a Negligence Claim
In most crosswalk accidents, victims must prove that the driver was acting in a negligent manner, which directly led to the accident. This is called the legal theory of negligence, and to prove it, a victim must show that:
- Duty owed: Drivers owe pedestrians a duty – a legal obligation – to drive safely and with reasonable care, especially in school zones. Did the drive owe a duty to the victim? Florida Statute 360.130 outlines what is expected of drivers and pedestrians.
- Duty violated: The driver did not act responsibly and violated the legal duty.
- Duty violation led to injuries: The plaintiff must prove that the driver’s direct actions led to his or her injuries.
- Quantifiable injuries: Plaintiffs must be able to put a dollar amount on their injuries, meaning medical bills, future medical bills, and lost wages.
Contact Neufeld, Kleinberg & Pinkiert, PA
Crosswalks were designed to keep pedestrians safe around their towns, and they’re essential around school zones where children frequently cross. If you’ve been injured in a crosswalk accident in Miami, do not feel that you have to face your medical costs alone. A skilled attorney can help you file your case and receive compensation.
The attorneys at Neufeld, Kleinberg & Pinkiert have over a combined 90 years of experience under their belts, and they know the law backwards and forwards. Your case will always be treated as a high-priority, and you can expect real results.