According to the U.S. Department of Transportation Federal Highway Administration, pedestrian and bicyclist fatalities comprise about 16 percent of all traffic fatalities with approximately 5,000 pedestrian deaths and 800 bicyclist deaths. Another 65,000 pedestrians and 48,000 bicyclists are injured in roadway crashes annually.
Florida has the highest cyclist death rate per-capita than any other state, and Florida’s congested cities rank as the most dangerous for cyclists according to the National Highway Transportation Safety Administration(NHTSA). In 2016, Tampa-St. Petersburg led the nation with 7.0 per-capita cyclist deaths, followed closely by Jacksonville, Orlando, and Miami.
When an accident occurs between a motor vehicle and a bike or pedestrian, it is the bicyclist or pedestrian that is most likely to be injured or killed. Even when wearing a helmet, bicycles offer no protection to cyclists. Bicycle and pedestrian accidents often result in serious injuries and death, especially when the collision occurs with a motor vehicle traveling at a high rate of speed.
Common Types of Injuries in Bicycle and Pedestrian Accidents
- Contusions and Road Rash
- Sprains and Strains
- Fractures
- Internal Injuries
- Spinal Cord Injuries
- Traumatic Brain Injury
For bicyclists, head injuries are by far the most serious injuries. Helmets can provide protection for bicyclists by reducing the odds of head injury by 50 percent.
Determining Liability in a Pedestrian or Bicycle Accident
In most cases, the driver of a motor vehicle will be found at fault in collisions involving pedestrians or bicyclists, either through the driver’s negligence or driver error in failing to exercise reasonable caution when driving through an intersection, changing lanes, or backing up. Drivers may also be found at fault for failing to yield for traffic signals, distracted driving, texting while driving, driving at excessive speeds, driving under the influence, or failure to yield for pedestrians in crosswalks or at intersections. However, pedestrians or bicyclists may be comparatively negligent by ignoring traffic signals, cycling too close to other vehicles, or jaywalking. As with most accidents, the facts and circumstances surrounding the accident will determine who is at fault and what damages the injured party is entitled to recover.
Potential Damages in Bicycle or Pedestrian Accidents
In most cases, the negligent party will be responsible for your medical expenses, including emergency transport, hospitalization, surgery, doctor bills, rehabilitation expenses, and prescription drug expenses. If your injuries caused you to miss work, the negligent party may be responsible for compensating you for your lost wages and future earning capacity if you are unable to return to work. If your injuries are serious or permanent, you may be entitled to compensation for pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium and, in some cases, punitive damages.
Hire an Experienced Florida Personal Injury Attorney
If you have been injured or a loved one has been killed in a pedestrian or bicycle accident caused by someone else’s negligence, you need a highly skilled Florida personal injury attorney experienced in bicycle and pedestrian claims by your side. At the Law Office of Heidi A. Hillyer, P.A. we will work to obtain the compensation and justice you deserve.
We Don’t Get Paid Unless We Win
The Law Office of Heidi A. Hillyer, P.A. accepts most bicycle and pedestrian accident cases on a contingency fee basis. A contingent fee agreement means that if there is no recovery in your case, there is absolutely no cost to you.
Call for a Free Case Review
Unsure if you have a case? We offer free, no obligation, case evaluations. Call to speak with Attorney Heidi Hillyer today at (407) 636-8300, or request a consultation by filling out the contact form on our website.