Articles Posted in Pedestrians/Bicyclists

If there was anything positive for Florida cyclists in the latest Governors Highway Safety Association report “Bicyclist Safety,” it’s that the Sunshine State is no longer No. 1 in cycling fatalities. That dubious distinction now goes to California.

However, that state – with 28.8 million more people than Florida – had exactly three more bicycling deaths than Florida – 123 compared to 120. A year earlier, Florida logged 126 bicyclist death, while California tallied 115.

In total between 2010 and 2012, Florida counted 329 cycling deaths, while California reported 338. In looking at the rate of bicycle deaths (the percentage of bicycle deaths in relation to other traffic fatalities), Florida ranked highest at 5 percent. California’s rate was 4.3 percent, Massachusetts 4.3 percent and New York 3.9 percent.
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There are varying approaches taken by each state to the issue of how to handle injury claims made by plaintiffs who may have shared some portion of fault. On one extreme, there are states that will totally bar recovery if plaintiff is to any degree at-fault for the incident resulting in injury. Other states will only prohibit collection of damages if plaintiff’s percentage of fault is at or exceeding 50- or 51- percent (known as modified comparative fault).

Florida, by contrast, follows a model of pure comparative fault. The legal standard, as set forth in F.S. 768.81(2), is a plaintiff’s percentage of fault will diminish proportionately the amount he is entitled to recover. However, the existence of fault – to any degree – is not a bar of recovery. That means a plaintiff could theoretically be 99 percent at fault, and still collect 1 percent in damages if he succeeds in the civil case.

This issue sometimes arises in bicycling accident cases. 2014 was an especially deadly year for bicyclists in South Florida, prompting advocacy groups to pressure legislators for greater protections. Collier County commissioners in December voted to accept an ordinance making it illegal to harass bicyclists by throwing objects, threatening them, honking or shouting at them or doing anything to threaten their safety.
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There is evidence to suggest 2014 may be the deadliest year in the past decade for bicyclists in Lee County.

Most recently, ABC-7 reported on an incident in which a 13-year-old cyclist suffered critical injuries after colliding with a passing motor vehicle. Authorities say the child was riding on Burnt Store Road around 2 p.m. when a vehicle attempted to pass. For reasons unclear, the child swerved into the road at the last minute, causing the pedal of the bicycle to hit the car. The child flew onto the hood of the vehicle and landed on the road.

News reports indicate the total number of bicycle fatalities in the county as of mid-November was eight – just one shy of the record-setting 2005 total of nine. That doesn’t include the dozens of injuries that occured – including this case. That figure also doesn’t include the 22 pedestrians struck and killed by vehicles this year.
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A pedestrian who was injured on a public street by a wrong-way cyclist on a delivery later filed a premises liability lawsuit against, among others, the construction company and the owner of a private building under renovation.

The crux of the argument in Bufkin v. Felipe’s Louisiana before the Louisiana Supreme Court hinged on whether the vision-obstructing trash bins placed in public parking spaces constituted a hazard that was open and obvious, therefore negating the company’s duty to warn the public of possible danger.

Ultimately, the court ruled in favor of the construction firm, finding the large metal trash containers were not inherently dangerous and further were open and obvious in a way that required people encountering them to take reasonable precautionary measures to avoid injury when crossing the street.
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The case of GEICO v. Rodriguez, recently decided by Florida’s Third District Court of Appeal, began with an elderly driver with poor vision. He should never have been on the road. His doctors declared him legally blind, and advised him not to drive.

The 83-year-old did not listen, and within one month of receiving a renewal of his insurance policy, he struck two pedestrians with his vehicle, causing serious injury.

Our Cape Coral pedestrian accident lawyers know that by these facts alone, the injured parties were entitled to receive compensation from the at-fault driver’s insurer. But although the insurer tendered the full policy amount of $20,000, this did not cover relevant medical bills, and the pedestrians sued the driver in state court for negligence. This resulted in a deposition during which the driver gave sworn testimony that he had no physical impairments that would prevent him from being a safe driver, and his vision was good.
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Florida’s 3rd District Court of Appeal recently reversed an earlier judgment by a trial court that prevented a bicycle accident victim from proceeding with his case against a property owner.

In Otero v. Gomez, the appellate court found the trial court had improperly used an untimely-filed motion in limine to effectively serve as a summary judgment in favor of the defendant. This procedural flaw will allow the plaintiff another chance to bring his case.

Cape Coral bicycle accident lawyers recognize this case as an example of how those injured in traffic crashes may have more options with regard to litigation than simply pursuing the driver and his insurer.
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Our Fort Myers bicycle accident lawyers have written extensively in recent months regarding how poorly Florida has ranked in terms of bicycle and pedestrian safety.

Much of this has to do with the way our roads were designed. But as the recent case of Madden v. City of Iowa City reveals, bicycle accidents can often be traced to the way roads and other public thoroughfares are maintained – or rather, how they aren’t maintained.

In this case, a bicyclist was injured when she crashed her bike while riding on a sidewalk abutting the grounds of a public university. The sidewalk was reportedly cracked and uneven, which is what caused her to tumble. She filed a negligence action against the city, and in turn, the city sought to join the state as a third-party defendant.
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Over the last several years, bike-sharing programs have become increasingly popular across the country, including South Florida.

Programs have been introduced so far in Broward (B-cycle), Miami Beach (DecoBike), Delray Beach and St. Petersburg, just to name a few. These programs have been promoted as a way to get around quickly and get some exercise to boot.

However, our Fort Myers bicycle accident attorneys know this comes at a price. A team of researchers from the U.S. and Canada found that in cities where bike-sharing programs had been unveiled, the number of traumatic brain injuries has soared.
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A new, comprehensive traffic report covering the last 10 years indicates that nearly 18 percent of all roadway deaths in Lee County were walkers.

That is one out of every six.

To put that into greater perspective, our Fort Myers pedestrian accident lawyers note between 2003 and 2012, nearly 5,200 pedestrians were killed in Florida.

While minorities, the poor and elderly are more greatly represented among pedestrian fatalities, the biggest problem is that our thoroughfares were designed in a way that was intended to best accommodate fast-moving motor vehicle traffic – not slower-moving public transit, motorcyclists, bicyclists and least of all those traveling on foot.
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A 36-year-old Fort Myers woman was recently struck and killed by a vehicle as she attempted to cross Palm Beach Boulevard on foot between Fairview and Marsh avenues. This was the sixth pedestrian killed by a vehicle in the county since the beginning of the year – and the fifth since March 1.

That means that so far in 2014, vehicle-on-pedestrian crashes have accounted for 37.5 percent of all traffic fatalities in Lee County.

The accident happened along a stretch of roadway that for miles is lined with neighborhoods populated primarily by lower-income households. Injury lawyers in Fort Myers have long been aware of the fact that pedestrian injuries and fatalities disproportionately affect the working class.
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