Pedestrian Right-of-way, How to Get Reimbursed for Pain and Suffering

A recent report by GSmart Growth America shows the number of pedestrians killed annually in the United States between  2008 and 2017. During that timeframe, annual deaths increased by 35.7 percent. A total of 49,340 people died, or 13 people a day.

It’s important to understand your rights when you are safely crossing the street at a crosswalk or walking in legally designated pedestrian areas, such as sidewalks. You should also understand your rights under the law if a vehicle hits you while you’re walking.

The Ground Rules

The relevant statute for pedestrians has 19 provisions for rules that pedestrians must follow. If you’re following these rules and get hit by a car, you probably have a pretty good legal case against the driver responsible.

• Follow traffic devices such as signs and stay in marked crosswalks.
• Pedestrians must cross the shortest distance between corners. This means using right angles instead of crossing diagonally.
• Pedestrians have to cross at intersections, when available.
• Use sidewalks if they are available since walking on the road increases the risk of accidents.
• Pedestrians should not step into traffic suddenly since ongoing traffic isn’t always able to stop on time.

Assuming pedestrians follow the Florida statutes above, the following are the duties of motorists in terms of pedestrian safety.

Motorist Duties

Motorist have the following ground rules to follow:

• Following traffic signs and signals
• Yield to pedestrians crossing the road
• Never pass vehicles waiting for pedestrians
• Exercise care in dealing with bicyclists and  pedestrians

Pedestrian Right of Way

In an accident involving a pedestrian and vehicle, the party who doesn’t have the right of way is at fault in the majority of cases. Knowing these laws can save you a headache as well as legal fees and judgments. Remember that as soon as you enter a crosswalk, you have the right of way, and vehicles have to stop. Pedestrians also have the right of way when approaching from the opposite side of the road and are close enough to vehicles to be in danger. Signage at an uncontrolled intersection may also convey the rights of pedestrians to cross the road.

If you require legal advice or representation on your pedestrian accident, visit the Law Offices and Smith & Vanture in West Palm Beach, FL, today.

Frequently Asked Questions:

 Does Florida’s “Serious Injury Threshold” apply to my pain and suffering claim?

Yes. To recover non-economic damages (pain and suffering) against the at-fault driver in a West Palm Beach pedestrian accident, you must generally meet the “serious injury threshold” under Florida Statute §627.737, which limits a driver’s tort liability for non-economic damages to cases involving qualifying permanent injuries. This means your lawyer must prove that your injuries consist of:

• Significant and permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability;
• Significant and permanent scarring or disfigurement, or Death.
• Without meeting one of these criteria, your recovery may be limited solely to medical bills and lost wages.

Can I be reimbursed for pain and suffering if I was hit while “jaywalking” in West Palm Beach?

Yes, potentially. Florida uses a Modified Comparative Fault system. Even if you were crossing outside of a marked crosswalk (jaywalking), you are not automatically barred from recovery. A jury will determine your percentage of fault. As long as you are found to be 50% or less at fault, you can still recover a portion of your pain and suffering damages. However, if you are found to be more than 50% responsible for the accident, Florida law (Fla. Stat. §768.81(6)) now prevents you from recovering any damages from the driver. Note that this bar does not apply to medical malpractice claims.

How is the dollar value of “Pain and Suffering” actually calculated?

There is no fixed “price list” for pain in Florida. In West Palm Beach courts, insurance adjusters and juries typically use two methods:

• The Multiplier Method: Taking your total medical bills and lost wages (economic damages) and multiplying them by a number, often cited in practice between 1.5 and 5, though no set range is established by Florida law, based on the severity and permanence of the injuries.
• The Per Diem Method: Assigning a specific dollar amount for every day you lived in pain from the date of the accident until you reached maximum medical improvement. Documentation from local professionals and “Before and After” witnesses is crucial for maximizing this value.

If the driver fled the scene (Hit-and-Run), who pays for my pain and suffering?

If the driver cannot be found, you can seek pain and suffering reimbursement through your own Uninsured Motorist (UM) coverage. Many West Palm Beach residents don’t realize that their auto insurance policy follows them, even when they are walking. If you purchased optional UM coverage on your auto policy, it can act as a safety net to pay for your pain, suffering, and mental anguish if a hit-and-run driver leaves you injured. However, UM coverage is not required in Florida, so you should confirm with your insurer whether you have it before assuming this protection applies to you.

 Is there a time limit to file a claim for pain and suffering in Florida?

Yes, and it is shorter than it used to be. As of March 2023, the Statute of Limitations for negligence in Florida has been reduced from four years to two years. If you do not file your lawsuit within two years of the date you were hit (for accidents occurring on or after March 24, 2023), Florida courts will bar you from seeking compensation. Accidents that occurred before March 24, 2023, may still be subject to the prior four-year limitation period.

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Contact Your Accident Lawyers in West Palm Beach Florida

Whatever you do, please talk to an attorney before you talk to an insurance company about your car accident. The insurance company’s job is to pay you the least amount of money, we want to make sure you are taken care of during your time of need.

Anyone in southern Florida who has a personal injury legal issue pending should contact Smith & Vanture, LLP for a full free injury claim evaluation. Always retain an attorney who can get you what you deserve for your injury.