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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Do I Need to Wear a Bike Helmet in South Florida?
If you are older than 16 years old, you are not legally required to wear a bike helmet in Florida.
If you are under 16 years old in Florida, you are legally required to wear a bike helmet.
If you are under 16, you need to wear a helmet regardless of if you’re a bike rider or a passenger. The helmet must be fitted appropriately (more information on this below) and have the strap be snuggly fastened, according to Florida law. Passengers also include children riding in trailers or anything attached to a bicycle, so any child riding or being transported by a bike in any way must have a helmet on in Florida.
Children ages 5 to 14 years old go to emergency rooms due to bicycle-related injuries more than any other sport, according to NHTSA. Many of these injuries are head injuries. Because of how often children suffer head injuries on bikes, most states - including Florida - have bike helmet laws in place to protect children.
While bike accidents are very common among children, bicycle crashes can happen at any time to anyone - even the most experienced riders. A middle-aged adult is the average age of someone injured or killed in a bike accident, according to national data.
Bike Helmet Laws & Florida Bike Injury Lawyer Recommendations
Florida Law only requires the use of a helmet for children under 16 years of age (Florida Law 316.2065(3)(d)). Although a first offense will likely only result in a warning, education, or a revocable fine, the main concern is your safety, not the law.
Helmets are vital to your protection while riding a bicycle, whether you are a child under 16 or an adult. As South Florida Bike Accident Injury Lawyers, we’ve been around the block. Here is our advice:
If you are in a Florida bike accident, even if it is someone else’s fault, you can 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 bicycle accident).
The risk is simply too great. Florida is the most dangerous state to ride a bike in and has the most bicycle accident deaths in the nation. Wearing a helmet can drastically improve your chances of survival, even if you’re injured in a bike accident.
More than 20% of drivers in Florida are driving without car insurance. This means there is a good chance that if you’re involved in a bike crash with a car, the driver doesn’t have insurance money to pay for your medical bills or compensate you for damages.
Do I Need to Wear a Bike Helmet on an E-Bike in Florida?
In Florida, eBikes are classified as bicycles. You can learn all about important Florida Bike Laws on our site.
This means that E-Bike rides have all the rights, privileges and duties of a cyclist. You can ride them on the street and, where local law permits, on the sidewalk.
While riding an E-Bike in Florida, you are not required to wear a helmet if you are over 16 years of age. The same helmet rules apply to E-Bike riders as they do to regular bike riders in Florida.
However, as E-Bike accident injury lawyers, we also recommend wearing a helmet anyway. The safety benefits cannot be overstated—it could be the difference between life and death.
6 Steps to Fitting your Bike Helmet: Florida Bike Injury Lawyer
SIZE: To find the right helmet size, measure your head. Try on a few helmets your size to see which one feels right. Once you find one that feels right, adjust the sizing pads inside or the fit ring until the helmet is nice and snug.
POSITION: A bike helmet should sit on your head and low on your forehead, about 1 or 2 fingers above your eyebrows.
SIDE STRAPS: You can adjust the side straps by sliding the slider to make a V shape under and in front of your ears. If possible, lock the slider.
BUCKLES: The buckle should be centered under your chin. Most of the time you can lengthen or shorten the chin straps by pulling the straps from the back of the helmet. Sometimes it’s easier to adjust this by taking off the helmet.
CHIN STRAP: Always buckle your helmet’s chin strap before riding your bike. Tighten it until it’s snug, so only about 1-2 fingers can fit under the strap.
FINAL FITTING: There are 4 final things to check!
Open your mouth wide for a big, fake yawn. The helmet should pull down on your head; if it doesn’t, you need to tighten your chin strap a bit more.
Does your helmet slide back on your head, so it’s more than 2 fingers above your eyebrows? If it does, take your helmet off and shorten the front strap. Try it on again, buckle and tighten the chin strap, and test again.
Does your helmet slide forward into your eyes? If it does, take your helmet off and shorten the back strap. Shorten the back strap by moving the slider back closer to your ear. Try it on again, buckle and tighten the chin strap, and test again.
Roll the rubber band down to the buckle. All 4 straps need to go through the rubber band and be close to the buckle to make sure the buckle doesn’t slip.
Injured in a Florida Bicycle Accident? We Offer FREE Bike Accident Consultations
If you or someone you love suffered injuries while riding a bicycle, a personal injury lawsuit may be the only way that you can fully recover financially.
Many injured riders are eligible to seek compensation for the expenses related to the accident, including emergency medical treatment and long-term care needs, physical therapy and rehabilitation, and lost wages, as well as compensation for the pain and suffering.
The Law Office of Andrew G. Rosenberg, P.A. is here to help bicyclists who careless or negligent drivers have injured start the process of financial recovery. If you've been hurt in a bicycle accident, you need to speak with an experienced Florida bicycle 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 (954) 755-7803 for a free consultation today.
[post_title] => Do I Need to Wear a Bike Helmet in Florida?: South Florida Bike Injury Lawyer Explains
[post_excerpt] => Are Bike Helmets required in Florida? South Florida Bike Injury Lawyer Shares Florida's bike helmet rules for adults and children as well as bike safety tips
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South Florida Bike Injury Attorney: Florida is the Most Dangerous State to Ride a Bike
A recent report named Florida the most dangerous state to ride a bike.
In 2019, 846 bicyclists were killed in traffic crashes in the United States. Nearly 50,000 bicyclists were injured in 2019. The report was based off of NHTSA's 2017 data which noted 783 cyclists killed in traffic accidents, with Florida taking the lead with 125 bicycle deaths, according to a news report. That means Florida’s bicycle deaths accounted for 16% of bicycle fatalities nationwide.
Bicycle deaths are often caused by:
Failure to yield to right of way (about 40%)
Bicyclists not visible to drivers (wearing dark clothes, not having the correct bike lighting) (about 10%)
Failing to obey traffic signs, signals, etc (nearly 10%)
A 2019 AAA survey of 400 bicyclists in Florida found that:
36% of bicyclists in Florida do not wear helmets
56% of bicyclists in Florida ride with traffic
21% of bicyclists in Florida ride against traffic (¾ of them saying because they prefer to see approaching vehicles)
If there is a collision between a car and a bicyclist, it’s most likely that the cyclist will be seriously injured. Many crashes can be avoided if drivers and cyclists follow the rules of the road and watch out for each other. By law, bicycles on the roadway are considered vehicles in Florida and have the same rights and responsibilities as drivers and cars - which means that you cannot bike against the flow of traffic, as many reportedly do according to the survey data above.
The 2 most common types of bike crashes, according to NHTSA, are falls and collisions with cars or other motor vehicles. One in 4 fatal bike crashes involved a bicyclist who had been drinking alcohol. Did you know you can get a DUI while riding a bike in Florida? Not only is it illegal, it’s incredibly dangerous. Most bike accident deaths happen between 6 - 9 p.m.
Be prepared before heading out with all the right gear and a properly fitted bike
Bike Defensively - be alert and try to anticipate what drivers may do. Ride with the flow of traffic and obey all traffic signals. Assume that others don’t see you. Don’t text or listen to music while cycling.
Bike Predictably - ride where people expect to see you, and make sure you look over your shoulder before changing lanes or turning. Be extra cautious on sidewalks as cars may not be looking for you backing out of a driveway.
Another reason riding a bike in South Florida is so dangerous is the rate of uninsured drivers. More than 20% of drivers in Florida DO NOT have car insurance. That means that if you’re hit by a driver, there is a 1 in 5 chance that they have no type of insurance to cover your medical bills or pay for your pain and suffering.
Tips for Bicyclists’ Safety in South Florida
Follow the Rules of the Road: A large percentage of bicycle and car collisions can be avoided if both drivers and cyclists follow the rules of the road and keep an eye out for each other.
Wear a Properly Fitted Helmet: While not a legal requirement, everyone - no matter their age - should wear a helmet. A helmet should be the right size for your head, it should be positioned correctly, including side straps, buckles, and a chin strap fitting snugly. Fake a big yawn to see if the helmet pulls down on your head once it’s on. If not, you may need to tighten the chin strap.
Adjust Your Bicycle to Fit: Riding a bike that fits you properly can help avoid a crash because a bike that is too big is harder to control.
See & Be Seen: During the day wear bright colored clothing, and if you choose to ride at night wear reflective gear and have a white light in front, and a red light in the back of your bike. Also make sure that your bike has reflectors.
Avoid Riding at Night: It’s much harder for a driver to see you when it’s dawn, dusk, or nighttime. If you ride at night make sure you have the correct lights and reflectors on your bike.
Watch for Road Hazards: Always keep a look out for potholes, broken glass, gravel, puddles, palm tree leaves, dogs and pedestrians. These hazards and many others can cause a crash.
Use Verbal and Nonverbal Communication: Make eye contact with drivers to make sure they see you, use appropriate turn signals, and if you’re passing pedestrians make sure you say “on your left” or “on your right” before passing. If you’re riding with other cyclists, point out hazards such as potholes.
Plan your Route: If you’re going to bike on roads, choose roads with less traffic and slower speed limits. Bike lanes and bike paths are always good options. In South Florida, you can also ride on sidewalks.
Injured While Biking in South Florida? Our Coral Springs Bike Injury Attorney Offers FREE Consultations
If you or someone you love suffered injuries while riding a bike or an E-Bike in Florida, a personal injury lawsuit may be the only way that you can fully recover financially.
Many injured riders are eligible to seek compensation for the expenses related to the accident, including emergency medical treatment and long-term care needs, physical therapy and rehabilitation, and lost wages, as well as compensation for the pain and suffering.
The Law Office of Andrew G. Rosenberg, P.A. is here to help bicyclists and E-Bike riders who careless or negligent drivers injured start the process of financial recovery. If you were hurt in an E-Bike accident, you need to speak with an experienced Florida bicycle 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 For a Free Consultation: (954) 755-7803
[post_title] => Florida is Ranked the Most Dangerous State to Ride a Bike: South Florida Bike Injury Attorney Shares Safety Tips
[post_excerpt] => Florida is the Most Dangerous State to Ride a Bike in, says South Florida Bike Injury Attorney. More than 15% of bicycle accident deaths occur in Florida.
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Everything you Need to Know About E-Bikes in South Florida Explained by a Coral Springs, Florida Bike Injury Attorney
“How is that person going so fast? They make it look so easy!” you think as you huff and puff on your bicycle, regretting the soreness you know you’re going to feel in the morning.
Chances are they’re not an Olympian; they’re probably riding an E-Bike, also called electric bicycle or electric-assisted bicycle.
Electric bicycles are booming in popularity in South Florida and bike retailers are rejoicing. But what are they? Electric bicycles have a small electric motor integrated into the gears that can assist and empower each pedal-stroke to propel you further, faster, and with much less effort. Because of these benefits, E-Bikes are becoming quite popular, whether you are getting into exercise, using your bike to run errands, or hoping to switch up your daily commute. E-Bikes open the world of bike travel to the average person, especially in South Florida. No Tour de France experience is necessary!
Are E-Bikes Considered Bikes, Motorcycles, or Something Else? Florida E-Bike Regulations
In Florida, eBikes are classified as bicycles. You can learn all about important Florida Bike Laws on our site.
This means that E-Bike rides have all the rights, privileges and duties of a cyclist. You can ride them on the street and, where local law permits, on the sidewalk. Since they are still primarily powered by the rider, they are considered a type of bicycle and not a motorcycle, moped, or scooter (which are primarily powered by a motor).
However, Florida law uses three classifications of E-Bikes that are useful to know (Florida Law 316.003(23)):
Class 1: An E-Bike that only assists while pedaling and cannot assist at speeds greater than 20 mph.
Class 2: An E-Bike that can be used to assist your pedaling or operate exclusively to propel the bicycle but cannot assist or propel at speeds greater than 20 mph.
Class 3: An E-Bike that only assists while you pedal and cannot assist at speeds greater than 28 mph.
If an E-Bike falls outside these classifications, it’s likely that it may be considered a moped or a motorcycle in Florida.
Pros and Cons of Riding E-Bikes in Florida
E-Bikes have many advantages and benefits. That’s why they are becoming so popular in South Florida. However, there are definitely some things worth considering to see if an E-Bike is a good fit for you. Below are some of the upsides and downsides to E-Bikes in Florida.
Pros of E-Bikes in Florida
E-Bikes make fitness accessible: Have you been thinking of making some healthy lifestyle changes but feel overwhelmed by the thought of biking to work in the South Florida heat every day? Or maybe you just want to explore your city and don’t want to get stranded after pulling a muscle. An E-Bike gives you the extra boost you need to make the switch.
Potential tax breaks For E-Bike owners: There is a bill before the House that, if passed, would allow for a 30% refundable tax credit for the purchase of an E-Bike.
Great for the environment: E-Bikes contribute a minuscule amount to carbon emissions, especially since many are solar-powered or are recharged by your own pedal strokes. Even plug-in models take significantly less energy than an electric car. Still, that little bit of energy gives you the extra oomph you need to get around efficiently without having to show up at your destination as a sweaty mess.
Cons of E-Bikes in South Florida
E-Bike learning curve: “It’s like riding a bike.” Well, with E-Bikes, that saying isn’t necessarily true. Just because E-Bikes are legally considered bicycles in Florida doesn’t mean they handle like one. Due to the electric assist function, E-Bikes can handle quite differently than your average bicycle. This is an easy adjustment to make for experienced cyclists, but for someone just starting out on an E-Bike this could make them more prone to accidents or losing control while riding. Inexperienced riders may also not realize how fast they are going and get into trouble that way. If you are going to ride an E-Bike, take some time to practice and get used to how it rides! One big thing to get used to will be learning that it might take you longer to stop than anticipated because you’ll be traveling faster than you may think you are.
Drivers might misjudge your speed: Most E-Bikes look nearly identical to a standard bicycle. This means that automobile drivers might not realize how fast you are going. If going 20 mph on your E-Bike feels like a breeze to you, a driver who just glances might think you’re cruising at a leisurely pace of 5-10 mph. This could cause them to turn into you or pass you dangerously. It’s important to stay aware of your surroundings - including cars and unaware drivers - as you ride an E-Bike.
E-Bike rental dangers: Many bike rental and bike-share companies in South Florida are now providing E-Bikes in their line-up. This means you may have people who don’t know the bike rules of the road may be riding E-Bikes. This could put both you and them at risk of accident and injury. If you rent a bike as a tourist and are less familiar with the area, that’s another risk factor as you cruise around on a rented E-Bike in Fort Lauderdale.
Can I Ride My E-Bike on the Sidewalk in South Florida?
As stated above, Florida Law classifies E-Bikes as bicycles. This means that E-Bikes may ride on sidewalks as long as they follow the regulations. Florida Law makes it very clear that E-Bikes are allowed on sidewalks (Florida Statute 316.1995, see also 316.20655). However, it also makes it very clear that local governments such as cities and counties can make regulations to limit or prohibit the use of E-Bikes on trails, sidewalks, and multi-use paths.
For example, in Miami Beach E-Bikes are prohibited from all sidewalks in the city and along the Beachwalk, South Pointe Park and Pier, Marina Baywalk, and Lincoln Road Mall.
It is best to check your local regulations about riding E-Bikes on the sidewalk, and if you are in a crowded area such as cities, stick to the streets. You don’t want to run into a pedestrian going 20 mph on an E-Bike!
Do I Need a License to Ride an E-Bike in Florida?
No, you do not need a license to ride an E-Bike in South Florida. Florida law clearly exempts E-bikes from laws regarding licensing, registration, and titles (Florida Law 316.20655(2)). Just like a bike, you can hop on an E-Bike any time you like.
Do I Need Insurance While Riding an E-Bike in South Florida?
That depends on what you mean and how safe you want to be. According to Florida law, “An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law relating to financial responsibility” (Florida Law 316.20655(2)).
That means insurance is not required by law. However, you may want to maintain an insurance policy that provides coverage in the event you are injured while riding a bicycle. In Florida, an Uninsured/Underinsured Motorist policy is best, and can provide coverage for you if the motorist who hit you doesn’t have proper insurance. Often, your car insurance should extend to protect you while on a bike or E-Bike, but you can always ask your car insurance company to confirm.
Do I Have to Wear a Helmet on an E-Bike in Florida?
While riding an E-Bike in Florida, you are not required to wear a helmet if you are over 16 years of age.
However, as E-Bike accident injury lawyers, we recommend you wear one anyway. The safety benefits cannot be overstated—it could be the difference between life and death. Read more about helmets and our recommendations here.
How to Get Legal Help After A Florida E-Bike Accident: FREE Consultation with a Bike Injury Attorney
If you or someone you love suffered injuries while riding an E-Bike in Florida, a personal injury lawsuit may be the only way that you can fully recover financially.
Many injured riders are eligible to seek compensation from the expenses related to the accident, including emergency medical treatment and long-term care needs, physical therapy and rehabilitation, and lost wages, as well as compensation for the pain and suffering.
The Law Office of Andrew G. Rosenberg, P.A. is here to help bicyclists and E-Bike riders who have been injured by careless or negligent drivers start the process of financial recovery. If you've been hurt in an E-Bike accident you need to speak with an experienced Florida bicycle 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] => E-Bikes in South Florida: Everything you Need to Know About E-Bike Laws, E-Bike Injuries, & More Explained by Fort Lauderdale Injury Attorney
[post_excerpt] => Considering an E-Bike in South Florida? Bike Injury Attorney discusses what you need to know about E-Bikes in Florida: laws, injuries, regulations & more
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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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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.
Are Bike Helmets required in Florida? South Florida Bike Injury Lawyer Shares Florida’s bike helmet rules for adults and children as well as bike safety tips
Florida is the Most Dangerous State to Ride a Bike in, says South Florida Bike Injury Attorney. More than 15% of bicycle accident deaths occur in Florida.
Considering an E-Bike in South Florida? Bike Injury Attorney discusses what you need to know about E-Bikes in Florida: laws, injuries, regulations & more
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
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.
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 
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,