Motorist behavior is almost always a key contributor to the common causes of pedestrian and bicyclist accidents in Florida. Negligent driver actions, dangerous road designs, and moments of inattention create situations that lead to devastating harm for our state's most vulnerable road users.
A personal injury attorney who handles these specific cases offers victims vital insights, helping you challenge an insurance company’s narrative and assert your rights.
Key Takeaways
- Driver negligence, including distraction, speeding, and impairment, remains dominant in accidents involving pedestrians and cyclists.
- Poorly designed intersections and failing to yield the right-of-way are frequent scenarios for these dangerous collisions.
- Inadequate lighting, obstructed views, and poorly marked crosswalks contribute to crashes, creating liability for entities beyond the driver.
- An attorney’s investigation can uncover critical evidence to prove the true cause of the accident and establish the at-fault party's responsibility.
Driver Negligence: A Leading Factor
Motor vehicle operators have a legal duty to operate their cars and trucks with reasonable care. This duty includes being aware of their surroundings and watching for pedestrians and cyclists who share the road.
When they fail in this duty, the results can be catastrophic. Many of the common causes of pedestrian and bicyclist accidents in Florida trace directly back to a driver’s poor decisions or inattention.
Here are the specific types of driver negligence that cause these crashes:
- Distraction: Drivers who text, adjust a GPS, or talk on the phone divert their attention from the crucial task of driving, which means they may not see a bicyclist signaling a turn or a pedestrian stepping into a crosswalk until it’s far too late.
- Speeding and Aggressive Driving: A vehicle traveling at a higher speed requires a longer stopping distance and will cause a much more violent and damaging impact. Actions like tailgating cyclists, making unsafe lane changes to get around them, or running a red light create a hostile road environment and dramatically increase the risk of a serious collision.
- Failure To Yield: Many drivers violate Florida law by failing to yield to pedestrians in marked or unmarked crosswalks, or by turning directly into the path of an oncoming bicyclist with the legal right-of-way.
- Turning Without Looking: A common negligent act involves a driver executing a turn without conducting a thorough check for pedestrians or bicyclists.
- Ignoring Traffic Signals: A motorist who runs a red light or a stop sign can strike a person with the legal right-of-way, causing a severe or fatal collision.
- Pulling Out Suddenly: Serious accidents may happen when a vehicle pulls out from a driveway, a side street, or a parking space directly into the path of an approaching bicyclist who has no time to stop.
- Crowding Bike Lanes: A driver who drifts into a designated bicycle lane, either from inattention or in an attempt to get around another vehicle, can sideswipe a cyclist or strike them from behind.
Unsafe Road Conditions Contribute to Accidents
While driver error is a primary factor, the environment in which an accident occurs also plays a role. Poorly designed or maintained roadways can create dangerous situations that make collisions more likely.
When this happens, a city, county, or other government entity may share responsibility for the resulting injuries.
Poorly Marked Crosswalks and Bike Lanes
When crosswalk paint is faded and difficult to see, drivers are less likely to recognize the area as a pedestrian crossing zone. Similarly, bike lanes that are poorly marked or disappear unexpectedly can force cyclists into the direct path of motor vehicle traffic.
Clear and consistent road markings guide both drivers and vulnerable road users, managing expectations and reducing conflict. The absence of such markings can create confusion and lead directly to an accident.
Inadequate Lighting and Visibility Issues
Many serious pedestrian and bicycle accidents happen at night or in low-light conditions. Poor street lighting can make it very difficult for a driver to see a person on the side of the road or in a crosswalk.
This is particularly true in residential neighborhoods or on roads without dedicated sidewalks, where people are forced to walk closer to traffic.
Obstructed Views at Intersections
Drivers need clear lines of sight to make safe decisions. When overgrown trees or bushes, illegally parked vehicles, or large signs block a driver's view of a crosswalk or approaching bike lane, they cannot see a potential hazard in time to react.
Circumstances pointing to unsafe conditions include:
- Known Hazard Negligence: The municipality was previously notified about a malfunctioning traffic light or a dangerous pothole, but failed to make timely repairs.
- Poor Signage: A lack of clear "Yield" or "Bicycle Crossing" signs at known high-traffic locations creates ambiguity and danger.
- Construction Zones: A construction company fails to create safe, alternative pathways for pedestrians and bicyclists, forcing them into active traffic lanes.
- Flawed Road Design: Some intersections are designed in a way that inherently puts vehicles and pedestrians in conflict.
Intersection Dangers for Walkers and Cyclists
Intersections are common locations for crashes involving vehicles and non-motorists. Multiple paths of travel converge at intersections, increasing the potential for conflict.
Even with traffic signals and marked crosswalks, the risk remains high due to driver inattention. From 2019 to 2023, over 83% of vehicle crashes at intersections with vulnerable road users resulted in a fatality.
A person may be halfway through a crosswalk with a "walk" signal when a driver making a turn barrels through without looking. A bicyclist proceeding straight through a green light may be cut off by an opposing driver making a quick left turn.
Mid-Block Crossings and Fault Misconceptions
People often believe that a pedestrian is automatically at fault if they’re hit while crossing a street outside of a designated crosswalk (jaywalking). However, Florida law is more nuanced. Drivers still have a duty to see what is there to be seen and avoid a collision if possible.
A motorist who is speeding or distracted may be unable to avoid hitting a pedestrian, even one crossing mid-block, making the driver partially or fully liable.
Left-Turn Accidents Involving Motorists
When a driver is preparing to make a left turn at an intersection, their attention is often focused on finding a gap in oncoming traffic. They can completely fail to notice a pedestrian entering the crosswalk or a cyclist approaching from the opposite direction.
These collisions are almost always the fault of the turning driver. The motorist making the turn has the legal obligation to yield to both oncoming traffic and any pedestrians lawfully within the crosswalk.
When they misjudge a gap or simply fail to look, their negligence directly leads to a collision.
Frequent collision types include:
- The Crosswalk Strike: A driver, focused on other cars, turns directly into the path of a pedestrian who has a walk signal and the right-of-way.
- The Opposing Cyclist Crash: A car making a left turn cuts off a bicyclist who was proceeding straight through the intersection from the opposite direction.
- The Blind Spot Accident: A larger vehicle, like an SUV or truck, has its view of a pedestrian or cyclist blocked by its own A-pillar during a turn, resulting in a collision.
Special Considerations for Bicyclists in Florida
Bicyclists face a unique set of dangers on Florida roads. While they’re considered vehicles and have the right to use the road, many motorists fail to treat them with the respect and space they deserve. This leads to specific types of accidents that are all too common.
Dooring Incidents
Dooring happens when a person in a parked car suddenly opens their door into the path of an approaching bicyclist. This gives the cyclist no time to react and can cause them to be thrown from their bike into the street, potentially into the path of other traffic.
Florida law requires anyone opening a vehicle door to first make sure it’s safe to do so. When this type of incident occurs, the person who opened the door is typically liable for the cyclist’s injuries. These accidents often happen in urban areas with parallel street parking.
Overtaking Vehicles Without Sufficient Space
Many drivers become impatient when they’re behind a bicyclist. Some motorists may attempt to pass the cyclist without providing enough clearance and may strike them with their vehicle or its side mirror.
Florida law requires drivers to give bicyclists at least three feet of space when passing. When a driver violates this rule and causes a crash, it’s clear evidence of their negligence.
Actions leading to these crashes include:
- Passing Too Closely: A motorist fails to provide the legally required three feet of clearance when overtaking a bicyclist, causing a sideswipe.
- Misjudging Speed: A driver miscalculates the cyclist's speed and cuts back into the lane too soon after passing, clipping the bicycle's front wheel.
- Distracted Passing: A driver is looking at their phone while passing and drifts too close to the cyclist, causing contact.
- Forcing a Cyclist Off-Road: A vehicle passes so closely and at such a high speed that it forces the bicyclist to swerve off the pavement to avoid being hit.
How a Lawyer Helps After a Pedestrian or Bicyclist Accident in Florida
After you've been injured, an attorney can be a powerful advocate who manages every aspect of your personal injury claim. Their role is to protect your rights and work to secure the financial resources you need for your recovery.
Investigating the Scene and Gathering Evidence
A lawyer will launch an investigation into the crash. This involves securing the official police report, gathering witness statements, and obtaining any available traffic or security camera footage of the incident.
Your lawyer may also visit the accident scene to photograph the roadway, sightlines, and any physical evidence.
Identifying Liable Parties
Your lawyer builds a strong case based on the evidence to demonstrate negligence. Sometimes, more than just the driver is responsible. An attorney can analyze if unsafe road conditions, a malfunctioning traffic signal, or an obstructed view contributed to the crash.
This process may identify other liable parties, such as a government entity or a commercial property owner, creating additional sources of recovery.
Calculating Your Damages
An experienced attorney works with your medical providers and other experts to document the full scope of your losses. This goes beyond current medical bills to include the cost of future surgeries, rehabilitation, lost wages, and loss of future earning capacity.
They also work to place a value on non-economic damages like pain and suffering.
Handling Insurance Companies
An attorney takes over all communications with insurance companies, preventing you from giving a recorded statement that could be used against you. They handle all negotiations and fight for a fair settlement offer.
Advocating for Your Fair Compensation
If the insurance company refuses to offer a fair settlement, your personal injury lawyer can file a lawsuit and present your case in court. They act as your champion throughout the entire process, protecting your interests at every step.
FAQ for Common Causes of Pedestrian and Bicyclist Accidents in Florida
What Happens if a Car Hit Me While I Was on the Sidewalk?
A driver who hits a person on a sidewalk is almost always considered at fault. Sidewalks are designed exclusively for pedestrian use, and a motorist has a very high duty of care when crossing one to enter or exit a driveway. In these situations, the driver's negligence is typically clear.
Who Has the Right-of-Way, a Car or a Bicyclist in Florida?
The answer to who has the right-of-way depends on the specific situation. Bicyclists generally have the same rights and duties as motor vehicle operators, and they must obey traffic signals and signs.
However, motorists must yield the right-of-way in many circumstances, such as when a cyclist is in a designated bike lane or when a car is turning across the cyclist's path.
What Should I Do if There Were No Witnesses to My Accident?
Lack of witnesses doesn’t mean you are out of options; your own testimony is a form of evidence. An experienced attorney can often find other proof by visiting the scene.
They can search for nearby business or traffic cameras that may have captured the event and analyze the physical evidence like vehicle damage and skid marks.
Can a Pedestrian Be Found at Fault for an Accident in Florida?
Yes, it's possible for a pedestrian to share some fault for an accident. For example, if a pedestrian darts into the street from between parked cars at night, they may be found partially at fault.
However, being partially responsible doesn’t automatically bar you from recovery. If you share some of the blame, you may still recover some compensation.
How Does a Personal Injury Lawyer Prove a Driver Was Distracted?
An attorney can subpoena the driver's cell phone records to look for calls, texts, or data usage around the time of the crash. Witness testimony and statements from the driver at the scene can also serve as powerful evidence of their inattention.
Your lawyer may secure video footage from traffic or surveillance cameras that capture the distracted driver moments before impact.
Take Control of Your Recovery
The moments after a pedestrian or bicycle accident are chaotic, but your next steps can define your future. Building a claim that accurately reflects the cause of your accident and the full extent of your injuries requires experience and dedicated advocacy.
Let the team at Auto Injury Litigation Center fight for you. We’re ready to listen to your story and explain your legal options. Contact us today for a free consultation at (866) 933-0623 or reach out to us through our online contact page.