Florida is the Most Dangerous State for Pedestrians: Injury Attorney Shares Your Rights as a Pedestrian in Florida
Florida is the most dangerous state for pedestrians, according to a recent report. In the 10 years covered by the study, nearly 5,500 pedestrians died in Florida. The report also found that older pedestrians, people of color, and pedestrians in lower-income neighborhoods had the highest risk for fatal pedestrian accidents.
Florida reported 708 pedestrian deaths in 2020, according to Florida highway statistics. Florida is home to 9 of the cities on the list of the nation’s 13 most deadly metropolitan areas for pedestrians.
In this blog, we will address risk factors for pedestrians in Florida, and pedestrian rights, regulations, and safety tips from our pedestrian injury attorney.
Pedestrian Risk Factors and Crash Data in Florida
Pedestrians ages 65-74 have the highest pedestrian fatality rate, and pedestrians ages 5 to 18 have the lowest pedestrian fatality rate, according to a study conducted by a Florida university.
Pedestrian fatalities in Florida are less likely to occur at an intersection and more likely to take place at an uncontrolled mid-point in an intersection. More than 40% of pedestrian deaths in Florida happened near a controlled intersection, but in a place where a pedestrian had to judge whether it was safe to cross.
About 13% of pedestrian fatalities occurred when pedestrians were crossing an intersection.
Surprisingly, most pedestrian deaths in Florida were not intersection-related.
Florida Pedestrian Accident Data Shows us:
Florida pedestrian deaths are most likely to occur between 6 pm and midnight and hours without daylight.
Weather conditions were not a large factor in pedestrian deaths, as 70% of the accidents happened in clear weather conditions.
In 9 out of 10 fatal pedestrian accidents, the roadways were dry.
Pedestrian deaths were split nearly 50/50 between rural and urban environments, with 53% of accidents happening in a rural setting and 47% in an urban setting.
Pedestrian accidents were spread out fairly evenly among the days of the week, but fatal crashes are most likely to happen on a Friday or a Saturday.
In almost 40% of crashes, an action by the pedestrian resulted in the fatal injury.
○ About 28% of pedestrians failed to yield to the right-of-way of oncoming traffic.
○ 7% of pedestrians who died in an accident were alcohol- or drug-impaired.
○ About 3% combined involved pedestrians disregarding traffic signals or obstructing traffic.
Pedestrian accidents are 4x more likely to occur when the pedestrian walked with traffic and not against or facing the traffic.
As you can see by this information, obeying traffic rules and the road as a pedestrian can be the difference between life and death. About 4 out of 10 accidents involve actions by a pedestrian.
Pedestrian Safety Tips Based on Specific Florida Risk Factors:
Yield the right of way to traffic. Look both ways, twice. Make sure that you enter a road at a safe time and that drivers will have a very clear opportunity to see you. Don’t ever dart into the street or emerge into the road from between two parallel parked cars.
Don’t drink and walk. Especially if you live near downtown, you may think that walking is a safer way to get around than driving, and it’s certainly cheaper than getting a cab or an Uber or a Lyft. Walking around drunk or under the influence of drugs can be extremely dangerous. Do not consider walking a safe method of transportation if you’ve been drinking.
Obey traffic signals. Whenever possible, cross at designated crosswalks. It will help keep you safe, and in the event of an accident - fatal or not - it will help determine what rights you have as an injured pedestrian. It may seem overkill, but it’s also important to obey the crosswalk signals. Wait to cross until you have the walk signal.
What Are my Rights as a Pedestrian in Florida?
Most laws regarding pedestrian rights, regulation, and safety are found in Florida Statute 316.130.
Pedestrian rights are strongest when walking in a marked crosswalk with the appropriate walk signal. Drivers are required by law to stop for pedestrians in a crosswalk with a walk signal. If you’re in a crosswalk, a driver cannot get close enough that you’re in any danger.
Even if there are no traffic control signals or signs, drivers must yield to pedestrians in a crosswalk.
Your best bet to stay safe is to walk in a marked crosswalk. If you are injured as a pedestrian, you will also have more rights and more opportunities to recover damages if you followed all the pedestrian rules of the road.
If there is no provided sidewalk, a pedestrian can walk along a roadway but should only walk on the left side of the road to face traffic.
Drivers of cars at controlled intersections should stop for pedestrians in the crosswalk and allow them to cross that portion of the road before entering the crosswalk.
When there is no traffic control signal, a driver should yield the right of way to a pedestrian by slowing down or stopping.
If a pedestrian is crossing a road somewhere without a marked crosswalk or within an unmarked crosswalk, the pedestrian should yield the right of way to drivers and be extra cautious.
If there is a traffic control signal, pedestrians should only cross in the marked crosswalk.
Pedestrians are required to obey traffic control devices applicable to pedestrians unless a police officer directs otherwise.
Pedestrians are subject to traffic control signs at intersections.
If there is a sidewalk provided, a pedestrian cannot walk along a roadway.
A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of vehicles making it impossible for the driver to yield.
Pedestrians should not cross an intersection diagonally unless directed by a police officer or traffic controller.
Pedestrian injuries caused by collisions with a car are often severe and life-threatening. Broken bones, cuts, scrapes, bruises and concussions and traumatic brain injuries are very common.
If a driver hurt you, as a pedestrian, you can seek to hold the driver responsible for the costs. A Florida personal injury lawyer can help pedestrian accident victims recover financial expenses including emergency medical treatment, any ongoing medical care, physical therapy, and much more.
In addition to recovering for your medical expenses, injured pedestrians can also seek compensation for the mental pain, anguish and suffering caused by the accident.
Injured in a Florida Pedestrian Accident? Our South Florida Pedestrian Injury Lawyer Offers FREE Consultations
If you were hurt in a Florida pedestrian accident, you need to speak with an experienced Florida pedestrian lawyer as soon as possible.
Please contact us online or call our Coral Springs law office directly at (954) 755-7803 to schedule your free consultation.
We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.
Schedule your Free Florida Car Accident consultation today: (954)755-780
[post_title] => Did You Know Florida is the Most Dangerous State for Pedestrians?
[post_excerpt] => Did you know Florida is the most dangerous state in the nation for pedestrians? Injury & accident attorney Andrew Rosenberg shares pedestrian risks and rights.
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Injured by a Drunk Driver During the Holidays? South Florida DUI Victim Injury Attorney Will Fight For You
The holiday season is a time of comfort and joy, laughter, peace on earth, goodwill toward men, and drinking . . . lots of it. One study shows that the average person at least doubles their alcohol consumption between Thanksgiving to New Year’s Day. Naturally, this means you can expect a significant increase of drunk drivers out on the road.
The statistics are staggering. In 2019, drunk driving led to 10,142 deaths. Of those deaths, 210 occurred in the week between Christmas and New Years' Day.
Florida is certainly no exception to these tragic statistics. In fact, Florida saw 814 deaths due to drunk driving in 2018. That’s about 8% of the national death toll, much more than our fair share. In comparison, New York only had 307. And deaths are only part of the story. Many more people are seriously injured and mentally traumatized by harrowing accidents caused by drunk drivers. In 2019, Florida saw 6,134 drug and/or alcohol-related crashes with 686 incapacitating injuries, 1,350 serious but non-incapacitating injuries, and 1,869 minor to moderate injuries.
Needless to say, it's important to keep you and your family safe from drunk drivers this holiday season. No one wants to be a holiday DUI accident victim. Here are some tips that can help with that:
For the Sober Driver:
You’ve got the first step down! Driving sober is the best thing you can do to stay safe this holiday season.
Always wear a seatbelt. This is good advice any time, but especially around the holidays with an increased risk of DUI accidents and injuries in South Florida. Don’t just buckle yourself, make sure everyone in the vehicle is strapped in—especially children.
Put the phone away. Trust us, you don’t need any further distractions. Your eyes need to be on the road and other drivers so you can stay safe.
Maintain a safe distance from other drivers. A drunk driver can’t hit you if you stay far enough away from them. It is wise to keep a safe distance from all drivers, but especially if you have reason to suspect they may be driving under the influence.
Drive cautiously and defensively. Come to complete stops at stop signs and stoplights. Even if you have a green, watch for cross traffic. Don’t run yellow lights. If another car makes you nervous, put some distance between you. Go the speed limit. Taking a little extra time can go a long way in keeping you and your family safe.
Pay special attention late at night. If you are coming home late from a holiday party with your family or friends, be extra careful. The majority of DUI accidents, injuries, and fatalities happen after dark. But be careful during the day, too! A holiday DUI can happen at any time of day.
Call the police if you see someone driving dangerously. This could protect not only you, but any other drivers this potentially drunk driver may come across. You’re not being a snitch, you’re caring for those around you.
If you plan on drinking:
Don’t drive—period. It’s that plain and simple. You don’t want to deal with the legal consequences of causing an accident or injury. DUI patrols increase significantly during the holidays, and you don’t want to get caught. Even if you are just buzzed, your reaction times are impaired and that puts you at greater risk of being injured by a seriously impaired driver.
Have a designated driver. Whether it is a spouse, a friend, or a family member, have a designated driver and hold them to it.
Make a plan to get home. If everyone plans on drinking, make a plan ahead of time to get home. Whether it’s an Uber, a taxi, or your step-mom, make a plan and stick with it. Trust us, your aunt doesn’t want you crashing on her couch.
Keep an eye on your friends and family. They might hate you for a night, but they’ll thank you in the morning. If someone is visibly impaired or you’ve seen them drinking a good bit, don’t let them get behind the wheel. You are not only protecting them, but also those around them.
Were You Injured in a South Florida DUI Accident?
You’ve been careful. You planned. You drove cautiously. But it wasn’t enough to protect you from a reckless and negligent drunk driver.
What do you do now? First of all, you’re not alone. It happens. Unfortunately, DUI accidents are a part of some people’s Christmas story. Fortunately, we’re here to help. You have an experienced Florida DUI Victim Accident Lawyer on your side. If you’re a victim of a Fort Lauderdale DUI accident, please contact us online or call our Coral Springs office directly at (954)755-7803 to schedule your free consultation.
Here are some steps you can take right away to ensure you are covered in the case of a holiday DUI accident.
Call the police - no matter what.A police report is one of the most important pieces of evidence in your Florida DUI Injury case. Even if no one is seriously injured, you need to document who is at fault and especially record the BAC (Blood Alcohol Content) of the driver who hit you. This is especially important around the holidays, late at night, or if you have suspicion of a DUI.
Tell the officer you believe the driver was drunk. This may seem like common sense, but you don’t want this important fact to be overlooked!
Get their information as soon as possible. This includes license plate, name, address, insurance information, and more. You don’t know how they will behave, they did just cause a DUI accident, after all. You want to get this information so you can track them down if they try to flee the scene before police arrive.
Contact a Florida DUI Victim Accident Lawyer as soon as possible. You may receive a small amount of money from the drunk driver’s insurance company, and of course your own Personal Injury Protection policy. But if this is the drunk driver’s first DUI, their insurance will likely not cover the full extent of your injury, medical bills, lost work, and emotional trauma. It’s great that the driver will now face criminal charges, but that doesn’t help you. An experienced personal injury lawyer will be able to pursue the full compensation you deserve through a civil case against the holiday DUI driver.
Are You The Injured Victim Of A Drunk Driver In Florida? Call for a Free Consultation Today
If you were hurt in an accident caused by a drunk driver you need to speak with an experienced Florida DUI victim lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at (954)755-7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County, and all points in between.
[post_title] => Grandma Got Run Over By a Reindeer . . . Or Was it a Drunk Driver? South Florida DUI Victim Lawyer Will Fight For You
[post_excerpt] => Were you injured by a drunk driver in Florida in the holiday season? our Florida DUI Injury attorney will fight for you to recover everything you're entitled to
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Florida Motorcycle Helmet Laws Explained by Motorcycle Injury Lawyer
South Florida is a great place to ride a motorcycle. Knowing Florida’s helmet and motorcycle laws is essential to safe riding. Motorcyclists can ride in Florida year-round due to our great weather, and take advantage of incredible views. Whether you’re a commuter, or you enjoy riding along the ocean’s coast, passing through the Everglades, or even taking in the beauty of the 7-mile bridge in the Florida Keys; riding in Florida never disappoints.
Florida Motorcycle Helmet Laws
Many people think Florida doesn’t have a motorcycle helmet law, but that’s not exactly the case. A rider can choose not to wear a helmet, but they need to be 21 or older AND they have an insurance policy with at least $10,000 worth of injury benefits in the event you’re in a motorcycle accident, according to Florida law 316.211(3b).
You must wear a motorcycle helmet in Florida if you are under 21-years old.
You do not need to wear a motorcycle helmet in Florida if you are over 21. But, legally, you need to have the right motorcycle insurance to not wear a helmet when you ride - even if you’re over 21.
Eye Protection: Even if you don’t wear a helmet, eye protection is still required for all Florida motorcyclists, according to Florida law 316.211(2).
We recommend wearing a helmet when riding a motorcycle in Florida. Helmets can drastically reduce the risk of suffering from a traumatic brain injury or head injury if you’re in a motorcycle accident.
If you are in an accident, even if it is someone else’s fault, it’s possible for you to be found “negligent” for not wearing a helmet, which means you will get a smaller injury settlement. It depends on the court, but it’s likely to result in lesser damages awarded (which means a smaller monetary settlement for you if you’re injured in a motorcycle accident).
Motorcycle Lane Splitting is Illegal in Florida
Any South Florida driver or motorcyclist knows that people Lane Split in South Florida all the time. Even though the practice is common, it is actually illegal to lane split in Florida.
When you’re riding a motorcycle, lane splitting is when you pass in the same lane as a vehicle, or when you ride the center line between two vehicles.
Lane Splitting is illegal for motorcyclists in Florida. This means passing a car in the same lane, or riding between lanes is forbidden under Florida law.
Motorcyclists in Florida are also only allowed to ride with up to two riders per lane. No more than “two abreast” motorcycles are allowed in a single lane under Florida law.
Florida Motorcycle Laws: Shared by Motorcycle Accident Attorney
To legally ride a motorcycle in Florida, there are a few other laws and regulations to be aware of. We’ll touch on those here.
You need a motorcycle endorsement on your driver’s license to ride a motorcycle in Florida lawfully. Special training is required to get a motorcycle endorsement on your license in Florida. Find out more about motorcycle endorsements in Florida’s law.
If you do not have a driver’s license, it’s still possible to get a motorcycle endorsement.
Handlebar restrictions: In Florida, the handlebars on your motorcycle cannot be higher than the rider’s shoulders.
Florida Motorcycle Insurance Laws
If you ride with a helmet, Florida is the only state in the US that does not require you to have motorcycle insurance in order to ride. If you ride without a helmet, however, Florida law says you need to have at least $10,000 in health insurance benefits that will cover your own injuries.
The only other exception in Florida is that any rider who was involved in a crash involving injuries or other violations, Florida law will then require those riders to get and keep insurance for bodily injury and property damage liability for three years.
Even though insurance is optional for riders who wear helmets, it’s still strongly recommended that you get insurance. Especially since 1 in 5 Florida drivers do not have insurance, it makes it all the more important for you to have insurance as a motorcyclist because it guarantees that you’ll have insurance coverage in the unfortunate event that you’re injured while riding.
All motor vehicle drivers in Florida are legally supposed to carry Personal Injury Protection (PIP) insurance policies. Even if you own a car and have this PIP policy, it doesn’t extend to you on a motorcycle in Florida.
Even though insurance isn’t technically required in Florida if you own a motorcycle, you will be penalized by the state if you’re involved in an accident and don’t have all the proper documentation. If you’re at fault for an accident, you will be held financially responsible for the bodily injuries and property damage you caused.
While not legally required, getting insurance for your motorcycle is a wise idea in Florida. It both helps protect you if you’re injured in an accident, and in the event anyone sues you for any damages or injuries you caused. Whatever you would pay in insurance premiums over your lifetime will certainly cost less than one lawsuit against you.
Getting an insurance policy helps protect you and limits your liability exposure. Having insurance is also a good idea if you ever ride your motorcycle outside the state of Florida, because other states do require you to have insurance.
Purchasing UM coverage (uninsured Motorist coverage) is also highly recommended, although not required, because usually the injuries sustained from motorcycle accidents exceed the limits that the minimum bodily injury insurance of another driver will cover. The UM insurance will also pay for your expenses after an accident if you’re injured by a driver who doesn’t have any car insurance or are injured in a hit and run accident.
Ways to get motorcycle insurance in Florida:
You can get liability insurance from a licensed Florida insurance carrier.
You can get a Financial Responsibility Certificate with the DHSMV. Then, you can get a Self-Insurance Certificate.
Remember: even though you’re not required to get insurance, if you’re charged with an accident you will be held financially responsible for any bodily injuries and property damage to others. Not having liability coverage can potentially lead to: having your driver’s license suspended, being required to purchase bodily injury and property damage insurance, and having to pay for any personal injury claims filed against you.
South Florida Motorcycle Accident Attorney: Schedule your FREE Consultation Today
We work to get you the best possible settlement you deserve after a motorcycle accident
If you were injured in a motorcycle accident you need to speak with an experienced Florida motorcycle accident lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at (954) 755-7803 to schedule your free consultation.
We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County, and all points in between.
[post_title] => Motorcycle Helmet Laws in Florida: Motorcycle Injury Attorney Talks Helmet Laws & More in Florida
[post_excerpt] => Florida Motorcyclists don't need to wear helmets IF riders are over 21 & have insurance. All other riders still need helmets, says Motorcycle Accident Lawyer.
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Electric Scooters in South Florida: Everything you Need to Know About E-Scooter Laws, E-scooter Injuries, & More Explained by Fort Lauderdale Injury Attorney
In fall 2018, electric scooters began taking Fort Lauderdale by storm. It seemed Lime scooters, Bird scooters, and Bolt scooters were at every corner. In less than 1 year of the introduction of electric scooters, there were more than 1 million scooter rides in Fort Lauderdale, according to Fort Lauderdale Mayor Dean Trantalis.
In this blog, we’re going to tackle Fort Lauderdale’s love-hate relationship with e-scooters, the dangers of the scooters and common injuries, scooter malfunction issues, and Florida e-scooter laws.
Electric Scooters: Fort Lauderdale’s Love-Hate Relationship
There are many things to love about e-scooters. E-scooters are a practical and fun transportation method (in a city that doesn’t have very robust public transportation systems), but many people also have complaints about them. Some people complain about the scooters looking sloppy laying on sidewalks in the city. Others complain about the danger that electric scooters pose to pedestrians. Others also complain about the safety risks for riders themselves, as most people ride around the city without helmets, source.
Dangers of Electric Scooters: Injuries, Collisions, and more in Fort Lauderdale and Florida
Generally speaking, there are a few dangers to be aware of when riding electric scooters in South Florida. The scooters are very fast, easily traveling up to 20 mph, with quick acceleration. People often ride the scooters in areas with a lot of pedestrians. Because the scooters have no home, they can be left anywhere - creating a tripping hazard for pedestrians or making sidewalks less accessible for someone in a wheelchair, for example. Most people riding the e-scooters also don’t wear helmets.
E-Scooters are also a bit more dangerous than riding a bike because the rider is much lower to the ground, and the device is much smaller than a bike which makes e-scooters harder for Florida drivers to see.
One of the biggest dangers, however, are the operators themselves. Because electric scooters are still a fairly new mode of transportation, scooter riders don’t always anticipate dangerous scenarios AND drivers also don’t always know how to look out for and avoid a crash with an e-scooter.
A study completed in San Francisco, California found more than 40,000 people were injured on electric scooters from 2014-2018, source. E-scooter injuries included broken bones, head injuries, cuts, and bruises. More than one-third of the 40,000 injured had head injuries. Consumer Reports also found that 75% of known deaths with e-scooters happened as a result of a collision with cars.
In Fort Lauderdale alone, in 5 months from December 2018 to May 2019, there were about 74 e-scooter accidents. One 27-year-old e-scooter riderdied after being hit by a car.
A 55-year-old real-estate attorney was also injured in a collision with a truck while riding a Bird scooter during that same period, source. He was crossing a street downtown, and a truck turning from Federal Highway hit him. The man suffered serious injuries and needed to get surgery.
There were about 150 e-scooter accidents in Fort Lauderdale alone from May to January in 2019 and another 90 or so e-scooter accidents in Miami, source.
A Fort Lauderdale ER doctor said he often receives emergency room patients with head injuries and even fractured skulls from electric scooter accidents. More than 100 people arrived at Broward Health Medical Center via ambulance in 2019 from scooter injuries. A third of the injuries - about 33 - had head injuries.
Common injuries the ER treats from scooter accidents include concussions, brain hemorrhages, and other head and face injuries. This is largely due to most e-scooter riders not wearing helmets. About 3% of injured e-scooter riders were wearing a helmet at the time they got hurt.
Nation-wide studies indicate the number of serious head injuries from electric scooters are more than TWICE as many as serious head injuries suffered by bicyclists.
One 27-year-old woman was riding a Lime scooter home from work at Broward Health when she collided with a car at a residential intersection just 2 miles from home. She was riding in the street and wasn’t wearing a helmet, according to Sun Sentinel.
She suffered a severe brain injury, multiple broken ribs, a fractured skull and she even had a part of her skull removed by doctors. She remains in a vegetative state. Her family has sued the Lime Scooter Rental Company, according to the Broward Palm Beach New Times.
E-Scooter Malfunctions that Lead to Injuries in Fort Lauderdale and all South Florida
Due to the increasing demand for rental scooters, in some instances, the companies have been negligent in servicing their scooters. The negligent servicing and maintenance of the rental e-scooters have caused injuries to south Florida e-scooter riders.
A 26-year-old rode a Lime brand e-scooter in Miami on Brickell Avenue, and the brakes on the Lime scooter failed as she approached a busy intersection. She tried to slow down and steady herself but ended up falling backward and hit her head on the concrete. She wasn’t wearing a helmet.
There are also several lawsuits in Broward County alleging scooter malfunctions that led to accidents and injuries for Floridians and tourists riding the e-scooters, source.
South Florida Infrastructure Challenges for E-Scooter Riders
One of the issues with e-scooter riders getting injured has to do with the fact that South Florida cities don’t have the infrastructure needed to safely support this new, quickly growing, mode of transportation. The roads and sidewalks simply weren’t designed with e-scooters in mind, according to the Sun Sentinel. When e-scooter riders ride in the streets, it puts them at a far greater risk of getting into an accident with cars and other drivers and users of the roads. This greatly increases the risk for all sorts of injuries, especially head traumas.
Fort Lauderdale and Florida Scooter Laws in Response to Electric Scooter Dangers
Las Olas sidewalks, in the main downtown center of Fort Lauderdale, are now a scooter-free zone from Andrews Avenue all the way to Southeast 17 Avenue in Fort Lauderdale. Scooters are banned on sidewalks on Las Olas and along the beach, so they’re only allowed in bike lanes, source.
Scooter riders must obey ALL the same laws as bicyclists
The Florida state e-scooter laws state that beyond following the bike laws, the remaining e-scooter rules, laws, and regulations are up to local city officials
Must be 16 years or older
Riders are NOT required to have a driver’s license
Riders aren’t required to wear helmets as long as the scooter can’t go faster than 30mph
Often the speed limit for scooter riders is set at 15mph by a local ordinance
State law allows for scooters to be operated on sidewalks, bicycle paths, or roads, but this can vary in different cities - such as in Fort Lauderdale - due to local ordinances
Any county or municipality may enact ordinances to permit, control, or regulate the operation of e-scooters under Florida Law. If using E-scooters is allowed on sidewalks, the state says that local ordinances must set a maximum speed limit of 15mph according to FLHSMV.
Florida Bike Laws that E-Scooter Riders Need to Follow
There are several bicyclist laws in Florida, and each of them applies to E-Scooter riders. Here we will highlight some of the most important Florida Bike Laws, but you can find the whole bike statute here.
E-Scooter riders must obey all the same traffic rules as drivers of other vehicles including stopping for stop signs, red lights, traveling with the flow of traffic
E-Scooter riders must use lights at night
E-Scooter riders must yield to the right of way when entering a roadway
E-Scooter riders must give an audible signal before overtaking and passing a pedestrian
E-Scooter riders must only have one person on the scooter at a time
If you violate any of the E-scooter laws (as spelled out in Florida bike laws and local ordinances) in public, a Florida law enforcement officer may issue a noncriminal traffic infraction.
Injured by an E-scooter Rider, or While Riding an E-Scooter in South Florida? We Offer FREE E-Scooter Injury Consultations
Call today to schedule your FREE E-Scooter Injury consultation: 954-755-7803
[post_title] => Electric Scooters in South Florida: Everything you Need to Know About E-Scooter Laws, E-Scooter Injuries, & More Explained by Fort Lauderdale Injury Attorney
[post_excerpt] => South Florida Injury Attorney talks about Electric Scooter laws, scooter injuries, and more in Fort Lauderdale and South Florida. Free scooter injury consults.
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More than 20% of Florida Drivers are Uninsured: Car Accident Lawyer Explains Why Florida’s High Uninsured Driver Rates Matters for You
More than 20% of Florida drivers don’t have car insurance, a new study reports. This makes Florida one of the most important states in all of America to have uninsured motorist coverage. With more than 1 in 5 drivers on the roads without car insurance, Florida is the 6th worst state in the nation for the most uninsured drivers.
Nationally, New Jersey has the lowest rate of uninsured drivers - only about 3% of drivers are uninsured - and Mississippi has the highest rate of uninsured drivers with 29% of drivers uninsured. The national average of uninsured drivers is about 13%.
If you have car insurance, what do Florida’s uninsured drivers have to do with you? Quite a lot actually.
Uninsured Drivers in Florida Increase Your Car Insurance Premiums
“Uninsured drivers increase the cost of insurance for those who comply with their state’s insurance requirements,” said David Corum, vice president of the Insurance Research Council. “Keeping auto insurance affordable is more difficult when a significant number of drivers refuse to carry their fair share of the costs.”
The annual rate of insurance in Florida averages to about $1,900 -- which is more than 2x higher than the national average of annual car insurance rates.
One of the most important benefits to have on your car insurance policy in Florida is Uninsured Motorist coverage (UM coverage). UM will pay you for injuries caused by a car accident when the at-fault driver either has no insurance or they don’t have enough insurance. UM on your car insurance policy will also extend to your family members or any driver of your car, as long as the driver of your car wasn’t at fault for the accident.
In Florida, you’re required to have proof of Personal injury Protection (PIP) and Property Damage Liability car insurance to register a vehicle. Drivers are required to have a minimum of $10,000 of PIP and a minimum of $10,000 of damage liability coverage. If you don’t maintain driver’s insurance, your license can be suspended and you can get hefty fines.
You are not legally required to have uninsured and underinsured motorist coverage on your car insurance policy, but as a personal injury law firm in South Florida, we cannot overstate how vital UM coverage is. It is one of the most overlooked coverages in an auto policy and most people don’t understand what it is. Don’t worry - we’re going to clear things up for you.
Benefits of Uninsured and Underinsured Motorist Coverage in South Florida
One of the best ways to protect yourself from uninsured or under-insured motorists is by investing in UM Protection.
Underinsured Motorist coverage can provide additional benefits for you, even if the person who hit you has car insurance. Imagine, for example, your total losses from your injuries including medical bills are $25,000 - but the insurance of the person who caused the accident only covers $10,000 in damages. In this kind of case, your underinsured motorist coverage will kick in to cover your additional expenses.
UM will help compensate you for medical bills, lost wages, long-term care, pain and suffering, and much more.
How Much UM Coverage do I need in Florida? Car Accident Lawyer Explains
When it comes to adding UM protection to your auto insurance policy, you have a few options. Not all coverage is equal, however.
When choosing UM, you can choose un-stacked or stacked UM limits ranging from coverage starting at $10,000 / $20,000 and ranging up to $500,000 / $500,000. Let’s break this down.
If you were to add UM coverage of $25,000/$50,000 to your policy, the first number listed indicates the maximum amount any one person can collect from a UM claim which would mean any one person could collect up to $25,000. The second number refers to the maximum amount available to all people injured in the accident. With this coverage limit, the total amount available would be $50,000 regardless of how many people were hurt in the accident.
Think about how much coverage you might need. You may want to consider if you have a partner, or children, your salary, and what the cost would be to your family if you were out of work for any time due to a car accident.
What’s the Difference Between Stacked and Unstacked UM Coverage in Florida?
Unstacked UM coverage is cheaper than stacked UM coverage, but it comes with fewer benefits. Unstacked UM will cover you when you’re occupying any vehicle on your auto insurance policy.
Stacked UM coverage can provide higher policy limits and offers more comprehensive benefits. Stacked UM coverage stretches farther to cover you in more scenarios, including when you’re in vehicles not on your insurance policy. So if you borrow your friend’s car or drive a car for work, your stacked UM coverage can cover you in those vehicles. Stacked UM also has a multiplication factor when it comes to your benefits.
Imagine you add UM coverage of $25,000/$50,000 to your car insurance policy. If your policy is unstacked, your policy limits are $25,000/$50,000 at maximum. If your policy is stacked, however, your limits are much higher. When you purchase stacked UM coverage, your policy limits are multiplied by the number of cars insured on your auto policy. So, if you have 2 cars with $25,000/$50,000 of UM coverage, your policy limits are doubled to $50,000 per person and up to $100,000 per accident.
Because there are more benefits, stacked UM insurance is a bit more expensive. Because of the exponential nature of the benefits, however, we recommend that you get stacked UM coverage if you can afford it.
When selecting or renewing your auto insurance policy, you can request a quote for both stacked and unstacked UM to see the difference it has on your policy. Sometimes, it might be the difference of $50 over a 6-month policy. It’s always good to get as much information as you can and then make a decision. We also recommend getting quotes for varying UM coverage limits. Sometimes you might be surprised to find you can double your policy limits for just a few extra dollars a month.
The most important thing is that you get some form of UM coverage. You can decide on the limits you need and whether you need stacked or unstacked UM, but the most important takeaway is to add at least some form of UM to your policy as soon as possible.
How Can I Add UM Coverage to my Car Insurance Policy in Florida?
You can add UM coverage to your car insurance policy at any point in time. You can call your insurance company, or sometimes you can even adjust your policy yourself in an online portal. If you’ve rejected UM coverage in the past, your insurance company will likely have you sign something confirming the UM coverage you’re adding to the policy.
You can always wait to add UM until you renew your policy, but we recommend doing it sooner. Unfortunately, in South Florida especially, you never know when you could get rear-ended or involved in a car accident. The sooner you have UM on your policy, the safer you’ll be on the roads.
Conclusion: UM Coverage and Why You Need it in Florida
UM coverage is something you can add to your car insurance policy to provide you with protection in case you are injured in a car accident with an at-fault driver who either does not have car insurance or doesn’t have enough insurance.
The most important thing is that you get some form of UM coverage. You can decide on the limits you need and whether you need stacked or unstacked UM, but the most important takeaway is to add at least some form of uninsured and underinsured motorist coverage to your policy as soon as possible.
If you've been hurt in a car accident you need to speak with an experienced Florida car accident lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954-755-7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County, and all points in between.
Call our Coral Springs office to schedule today: 954-755-7803
[post_title] => More than 20% of Florida Drivers are Uninsured: Car Accident Attorney Explains Florida’s High Uninsured Driver Rates and What it Means for You
[post_excerpt] => Even if you have car insurance, uninsured drivers create many dangers for you and other Floridians, explains South Florida Car Accident Attorney Andy Rosenberg
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Most motorcycle accidents in Florida are caused by the driver of the other vehicle. That means, if you’ve been injured on a motorcycle, you might very well be the victim of a negligent driver. Florida law allows you to file a claim and seek compensation for your medical bills, lost wages, property damage, and pain and suffering, but receiving the award you deserve depends a great deal on what you do after your accident. There are several common mistakes you should avoid if you hope to receive just compensation.
Don’t Leave the Scene or Fail to Report the Accident to the Police
The first step toward collecting damages is proving the accident happened by showing an official police report. If you leave the scene without reporting the crash or make a deal for a cash settlement with the at-fault driver, you could lose your right to seek further compensation even if you suffer serious health problems later as a result of the accident.
Don’t Fail to Take Photos and Get Contact Information
If you are physically able to, move to a safe place, take photos of the accident scene and your damaged motorcycle, and get contact information from any witnesses at the scene. Pictures and eyewitness testimony could help your case significantly. Once you’ve taken photos of your bike, don’t be in a hurry to get it repaired. It might need to be inspected in its damaged condition during the course of the investigation.
Don’t Refuse or Delay Medical Attention
Don’t assume that you’re all right even if you feel no pain. Some injuries are not visible right away but could surface later. A doctor’s exam and X-rays can reveal injuries you might not know you have. Seeking medical attention right after the accident documents these injuries and helps to prove they resulted from your accident. Follow the orders of your doctor, so that you cannot be blamed for aggravating your own injuries by ignoring medical advice. Keep a daily journal of your treatment and pain and suffering, as well as receipts for prescriptions and physical therapy.
Don’t Admit Fault
Speak minimally to the police, sign only the documents they require, and read those documents first. Don’t talk to the other driver except to exchange insurance information. Refer any insurance adjusters to your lawyer. Finally, don’t post anything about the accident or your injuries on social media. Doing so could hurt your case.
Have You Been Injured In A Florida Motorcycle Accident?
If you've been hurt in a motorcycle accident you need to speak with an experienced Florida motorcycle accident lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => Common Mistakes to Avoid If You’ve Been Injured in a Florida Motorcycle Accident
[post_excerpt] => If you’ve been injured on a motorcycle in Florida, you are more likely to get fair compensation from the at-fault driver if you avoid some common mistakes.
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Florida is the Most Dangerous State for Pedestrians: Injury Attorney Shares Your Rights as a Pedestrian in Florida
Florida is the most dangerous state for pedestrians, according to a recent report. In the 10 years covered by the study, nearly 5,500 pedestrians died in Florida. The report also found that older pedestrians, people of color, and pedestrians in lower-income neighborhoods had the highest risk for fatal pedestrian accidents.
Florida reported 708 pedestrian deaths in 2020, according to Florida highway statistics. Florida is home to 9 of the cities on the list of the nation’s 13 most deadly metropolitan areas for pedestrians.
In this blog, we will address risk factors for pedestrians in Florida, and pedestrian rights, regulations, and safety tips from our pedestrian injury attorney.
Pedestrian Risk Factors and Crash Data in Florida
Pedestrians ages 65-74 have the highest pedestrian fatality rate, and pedestrians ages 5 to 18 have the lowest pedestrian fatality rate, according to a study conducted by a Florida university.
Pedestrian fatalities in Florida are less likely to occur at an intersection and more likely to take place at an uncontrolled mid-point in an intersection. More than 40% of pedestrian deaths in Florida happened near a controlled intersection, but in a place where a pedestrian had to judge whether it was safe to cross.
About 13% of pedestrian fatalities occurred when pedestrians were crossing an intersection.
Surprisingly, most pedestrian deaths in Florida were not intersection-related.
Florida Pedestrian Accident Data Shows us:
Florida pedestrian deaths are most likely to occur between 6 pm and midnight and hours without daylight.
Weather conditions were not a large factor in pedestrian deaths, as 70% of the accidents happened in clear weather conditions.
In 9 out of 10 fatal pedestrian accidents, the roadways were dry.
Pedestrian deaths were split nearly 50/50 between rural and urban environments, with 53% of accidents happening in a rural setting and 47% in an urban setting.
Pedestrian accidents were spread out fairly evenly among the days of the week, but fatal crashes are most likely to happen on a Friday or a Saturday.
In almost 40% of crashes, an action by the pedestrian resulted in the fatal injury.
○ About 28% of pedestrians failed to yield to the right-of-way of oncoming traffic.
○ 7% of pedestrians who died in an accident were alcohol- or drug-impaired.
○ About 3% combined involved pedestrians disregarding traffic signals or obstructing traffic.
Pedestrian accidents are 4x more likely to occur when the pedestrian walked with traffic and not against or facing the traffic.
As you can see by this information, obeying traffic rules and the road as a pedestrian can be the difference between life and death. About 4 out of 10 accidents involve actions by a pedestrian.
Pedestrian Safety Tips Based on Specific Florida Risk Factors:
Yield the right of way to traffic. Look both ways, twice. Make sure that you enter a road at a safe time and that drivers will have a very clear opportunity to see you. Don’t ever dart into the street or emerge into the road from between two parallel parked cars.
Don’t drink and walk. Especially if you live near downtown, you may think that walking is a safer way to get around than driving, and it’s certainly cheaper than getting a cab or an Uber or a Lyft. Walking around drunk or under the influence of drugs can be extremely dangerous. Do not consider walking a safe method of transportation if you’ve been drinking.
Obey traffic signals. Whenever possible, cross at designated crosswalks. It will help keep you safe, and in the event of an accident - fatal or not - it will help determine what rights you have as an injured pedestrian. It may seem overkill, but it’s also important to obey the crosswalk signals. Wait to cross until you have the walk signal.
What Are my Rights as a Pedestrian in Florida?
Most laws regarding pedestrian rights, regulation, and safety are found in Florida Statute 316.130.
Pedestrian rights are strongest when walking in a marked crosswalk with the appropriate walk signal. Drivers are required by law to stop for pedestrians in a crosswalk with a walk signal. If you’re in a crosswalk, a driver cannot get close enough that you’re in any danger.
Even if there are no traffic control signals or signs, drivers must yield to pedestrians in a crosswalk.
Your best bet to stay safe is to walk in a marked crosswalk. If you are injured as a pedestrian, you will also have more rights and more opportunities to recover damages if you followed all the pedestrian rules of the road.
If there is no provided sidewalk, a pedestrian can walk along a roadway but should only walk on the left side of the road to face traffic.
Drivers of cars at controlled intersections should stop for pedestrians in the crosswalk and allow them to cross that portion of the road before entering the crosswalk.
When there is no traffic control signal, a driver should yield the right of way to a pedestrian by slowing down or stopping.
If a pedestrian is crossing a road somewhere without a marked crosswalk or within an unmarked crosswalk, the pedestrian should yield the right of way to drivers and be extra cautious.
If there is a traffic control signal, pedestrians should only cross in the marked crosswalk.
Pedestrians are required to obey traffic control devices applicable to pedestrians unless a police officer directs otherwise.
Pedestrians are subject to traffic control signs at intersections.
If there is a sidewalk provided, a pedestrian cannot walk along a roadway.
A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of vehicles making it impossible for the driver to yield.
Pedestrians should not cross an intersection diagonally unless directed by a police officer or traffic controller.
Pedestrian injuries caused by collisions with a car are often severe and life-threatening. Broken bones, cuts, scrapes, bruises and concussions and traumatic brain injuries are very common.
If a driver hurt you, as a pedestrian, you can seek to hold the driver responsible for the costs. A Florida personal injury lawyer can help pedestrian accident victims recover financial expenses including emergency medical treatment, any ongoing medical care, physical therapy, and much more.
In addition to recovering for your medical expenses, injured pedestrians can also seek compensation for the mental pain, anguish and suffering caused by the accident.
Injured in a Florida Pedestrian Accident? Our South Florida Pedestrian Injury Lawyer Offers FREE Consultations
If you were hurt in a Florida pedestrian accident, you need to speak with an experienced Florida pedestrian lawyer as soon as possible.
Please contact us online or call our Coral Springs law office directly at (954) 755-7803 to schedule your free consultation.
We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.
Schedule your Free Florida Car Accident consultation today: (954)755-780
[post_title] => Did You Know Florida is the Most Dangerous State for Pedestrians?
[post_excerpt] => Did you know Florida is the most dangerous state in the nation for pedestrians? Injury & accident attorney Andrew Rosenberg shares pedestrian risks and rights.
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Did you know Florida is the most dangerous state in the nation for pedestrians? Injury & accident attorney Andrew Rosenberg shares pedestrian risks and rights.
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