pedestrian accident

Court Allows Evidence of Impairment in Pedestrian Accident Case

October 12, 2017 | Associates and Bruce L. Scheiner

Pedestrian accidents occur when a person on foot, walking, running, jogging, hiking, sitting or lying down is involved in a traffic crash. That’s per the National Highway Traffic Safety Administration (NHTSA), which reports there were nearly 5,400 fatal pedestrian accidents and 70,000 injuries just in 2015 alone.

In civil liability cases involving pedestrian accidents, one question that inevitably arises is comparative fault. That is, to what extent is the person who was struck by the vehicle also to blame? The NHTSA reports alcohol involvement was a factor in nearly half of all pedestrian accidents – which includes consumption by the driver and/ or pedestrian. Our injury lawyers work to present evidence that will discredit allegations of comparative fault, or at least minimize its impact.

In Florida, F.S. 768.81 is the state’s comparative fault law. It’s plaintiff-friendly in the sense that it will allow plaintiffs to collect on damages even if they are 99 percent at-fault and defendant is just 1 percent at-fault. However, the law does proportionately reduce the amount of damages based on that percentage. So for example, if plaintiff is deemed 70 percent at-fault and defendant is 30 percent at-fault, defendant would only be liable for 30 percent of plaintiff’s damages. In many other states, plaintiffs are barred from collecting any damages if they share half or 51 percent of the blame. In a handful of states, plaintiffs are not allowed to collect damages if they are at-fault to any degree. Continue reading ›

Walking is Becoming More Dangerous – In Florida and Beyond

May 31, 2017 | Associates and Bruce L. Scheiner

Florida is far and away one of the most dangerous places for a stroll, at least if you’re walking amid motor vehicle traffic. Now, a recent report by the Governors Highway Traffic Safety Administration (GHSA) reveals it’s getting worse.

In fact, last year was the deadliest year for pedestrians nationwide since 1996. In 2016, there were nearly 6,000 pedestrians killed by motor vehicles, which is an uptick of 11 percent from just one year earlier. Between 2006 and 2015, pedestrian deaths climbed by 12 percent, from about 4,800 to roughly 5,400. This was even as the total number of car accident deaths was on the decline. Pedestrians account for 15 percent of all traffic deaths.

It can’t be overlooked that most pedestrian deaths are the result of someone’s negligence. This occurs when someone breaches a duty of care owed to another, resulting in injury. Mostly in pedestrian accident cases, we’re referring to the duty of care to drive the car in a reasonably safe manner. Continue reading ›

Fort Myers/ Cape Coral Named No. 1 in Nation for Pedestrian Accidents

January 23, 2017 | Associates and Bruce L. Scheiner

Want to go for a stroll? If you live in Fort Myers, you may want to think twice.

The Fort Myers-Cape Coral metro area is the No. 1 most dangerous in the country for people to walk. Nowhere in the nation was the risk of a pedestrian accident higher than Florida. Fort Myers was the worst of all.

The measure used to reach this conclusion is termed the Pedestrian Danger Index, or PDI. This is a measure of how many local commuters walk to work (which gives us the best measure of people likely to be out and walking every day) and the most recent data on pedestrian deaths. The national average out of 104 metro areas was 64. By comparison, the Cape Coral-Fort Myers region has a PDI of 283. Continue reading ›

Mother Killed, Baby Injured, Crossing Street in Port Charlotte

May 17, 2016 | Associates and Bruce L. Scheiner

It was supposed to be one of the most mundane tasks of her day: Crossing the street.

Instead, it ended her life and nearly claimed the life of her 5-month-old baby.

Authorities say the 35-year-old mother-of-two was killed in Port Charlotte while on vacation from Pittsburgh with her husband and two sons when she decided to go for a walk. It was about 7 a.m. She decided to take her youngest with her for the stroll. Continue reading ›