pedestrian accidents

Ride of Silence Puts Focus on Vulnerable Road Users in SWFL

June 2, 2023 | Associates and Bruce L. Scheiner

This month’s Annual Ride of Silence put the focus on keeping cyclists and other vulnerable road users safe on the streets of Southwest Florida.

The North Fort Myers Neighbor reports the 21st annual event was hosted by the Caloosa Riders Bicycle Club. The Silent Ride on May 17 departed from Bell Tower Shops. Our Fort Myers injury lawyers frequently report the increased risk to bicyclists and pedestrians throughout SWFL. In the first three months of this year, 81 bicycle accidents in Lee County were reported, resulting in two deaths. Last year, 319 crashes resulted in nine fatalities.

“The reality is motor vehicle drivers, cyclists and pedestrians all have responsibility for safe mobility,” Norm Nesbitt of Caloosa Riders Bicycle Club, told the publication.

Go for a Walk! Safely!

April 6, 2023 | Associates and Bruce L. Scheiner

April 7 is both National Walking Day and World Health Day. Perhaps not by coincidence.

There is every evidence that walking is one of the best things you can do for your health. The Physical Activity Guidelines for Americans, report walking is a great way to reap the benefits of physical activity, especially for older Americans. Walking can improve cardio vascular health, physical strength and stability in the legs and torso, improve sleep and promote overall health and well-being, including disease prevention and enhanced quality of life.

However, walking can also be dangerous, particularly in Florida. Each year, about 6,000 walkers are killed in traffic collisions; that’s 18 pedestrians a day, 125 every week, according to the U.S. Department of Transportation. Additionally, more than 75,000 are seriously injured, or about one every 7 minutes. Despite far fewer walkers than motorists on the road, pedestrian deaths account for nearly 1 in 5 traffic fatalities.

Walkers Face Highest Collision Risks in SWFL

July 10, 2021 | Associates and Bruce L. Scheiner

There is new evidence that traffic deaths among pedestrians have reached epidemic proportions.

Our injury lawyers in Fort Myers and Cape Coral have continued to highlight the risks in Florida, which is the deadliest state in the nation for these preventable tragedies. While the overall number of road fatalities was declining steadily before the pandemic, many areas, including Southwest Florida, have continued to see an increase in fatalities among walkers and riders.

Now a new report from the AAA Foundation for Traffic Safety shows the number of pedestrians killed increased 53 percent from 2009-2018, after steadily declining for three decades. Today, 1 in 6 fatal accidents involves a walker.

Pedestrian Accident Lawsuit Requires Showing Negligence by Preponderance of Evidence

August 8, 2017 | Associates and Bruce L. Scheiner

Florida is one of the worst places in the country to be a pedestrian. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) shows that of the 5,400 fatal pedestrian accidents nationally in 2015, there were 628 that happened in Florida. To put this in context, Florida claims about 6.25 percent of the nation’s population, but nearly 12 percent of its pedestrian accidents.

But just because a pedestrian accident happens – even one that results in serious injuries – doesn’t automatically mean the injured party will be entitled to damages. It is still necessary for claimants to be able to prove by a preponderance of the evidence that defendant motorist was negligent in striking the plaintiff, causing the asserted injuries. This isn’t to say you must be 100 percent innocent in the entire incident. In fact, Florida operates under a standard of pure comparative negligence (per F.S. 768.81), which means even if you are 99 percent to blame for what happened, you could technically still collect that other 1 percent in damages from at-fault parties.

However, a recent case before the U.S. Court of Appeals for the First Circuit (which oversees cases out of Puerto Rico, where this claim originated), plaintiffs still have to establish by a preponderance of the evidence that the other party was negligent.

NHTSA: Florida Pedestrian Accidents Up 17 Percent

June 13, 2016 | Associates and Bruce L. Scheiner

Pedestrian accidents occur almost every other day in Florida. According to new research form the National Highway Traffic Safety Administration (NHTSA), Florida pedestrian accidents spiked by more than 17 percent at last count, up to 588 in 2014.

The latest report, released last month, reveals too that pedestrian accidents are comprising a bigger than ever percentage of overall traffic fatalities in the Sunshine State – 20.8 percent in 2013 versus 23.6 percent in 2014. Other early data from 2015 suggests pedestrian deaths nationally climbed by another 10 percent, which, if proven accurate, would bring the uptick to 27 percent in just three years. This is despite the fact that overall traffic deaths have been trending downward in recent years.

A pedestrian accident in Estero recently resulted in the death of 55-year-old man who was struck while crossing U.S. 41 from the SunMart gas station near Commons Way. The 31-year-old driver was reportedly not cited in the crash. In April, a 23-year-old man was struck and killed in a Fort Myers pedestrian accident on Laredo Avenue. Charges against the 17-year-old driver are pending. And in March, a pedestrian was struck by two cars while crossing Daniels Parkway near Gateway Boulevard. He later died of his injuries. Continue reading ›