Category: Pedestrian Accidents

pedestrian accidents, how they occur, and how our lawyers can help you recover

  • FSU Student Natalie Nickchen Killed After Driver Runs Red Light

    Natalie Nickchen, a 19-year-old FSU student, died Thursday morning after being hit by a car in a pedestrian crosswalk.

    The accident happened on West Tennessee Street in Tallahassee. Tallahassee Police Department (TPD) officials say a driver, Ivey Green, 24, ran a red light and struck Nickchen, who was in the pedestrian crosswalk in the 1000 block of West Tennessee. Green will be issued “appropriate citations,” although the State Attorney’s office declined to file criminal charges.

    The FSU community was saddened by the news of Nickchen’s death.

    “The entire Florida State University family is deeply saddened by the loss of one of our students, Natalie Nickchen, in a tragic accident on Tennessee Street earlier today,” said FSU President John Thrasher in a statement. “Any time we lose a young person at the beginning of a lifetime of promise, it is heartbreaking and profound. Our prayers are with Natalie’s family and friends. I encourage anyone in our community struggling with this loss to reach out for assistance.”

    The university’s statement went on to say that FSU’s University Counseling Center is available at 644-TALK (24 hours a day/7 days a week.) Students also can walk in to Counseling anytime between 8 a.m. – 4 p.m. M-F without calling.

    Unfortunately, Florida is still the deadliest state for pedestrians, with 5,443 deaths in a ten-year span from 2008 to 2017. Orlando is the most dangerous city for pedestrians, with 656 deaths in that period. Older adults are more likely to be hit in a crosswalk or at an intersection than younger ones, although everyone is at risk.

  • Man Dies in West Palm Beach After Being Struck by Freight Train

    Man Dies in West Palm Beach After Being Struck by Freight Train

    On Tuesday, January 28, a pedestrian was killed after being struck by a freight train.

    West Palm Beach Police say the man was pronounced dead after an eastbound train hit him, at around 11 AM on the Florida East Coast (FEC) Railway track. The accident occurred near Conniston Road, just north of Southern Boulevard. Witnesses reported seeing the man walking near the tracks prior to the accident.

    Sadly, train accidents are not uncommon in Florida, or West Palm Beach. Florida is ranked sixth among states with the most railroad crossing accidents – 462 total reported railroad-related accidents between 2014 and 2018. Last year the Miami Herald reported that railroad crossing accidents, deaths, and injuries were on the rise.

    In December, an Associated Press story found FEC has had one death for every 160,000 miles during the past two years.

  • Harvey Bruner of Jacksonville Struck and Killed by Car on Blanding Boulevard

    Harvey Bruner of Jacksonville Struck and Killed by Car on Blanding Boulevard

    [vc_row][vc_column][vc_column_text]Harvey Bruner, 54, of Jacksonville, was struck and killed in Clay County on Friday, January 17, while trying to cross a busy boulevard.

    Officials with Florida Highway Patrol (FHP), say Bruner was attempting to cross Blanding Boulevard in Clay County from the west to the east side. He was walking eastbound in the southbound lanes when a black Chevrolet HHR SUV driving southbound hit him. The front of the Chevrolet then came to a rest facing the southbound area, partly in the left and center lanes.

    Bruner was pronounced dead at the scene, and the Chevrolet driver was taken to the hospital with minor injuries.

    The top cities for pedestrian deaths in Florida

    Sadly, this is a common scenario in Florida, which leads the nation in pedestrian deaths. People in vehicles that hit pedestrians often suffer minor or no injuries at all, while the impact of a large, fast vehicle like an SUV can cause serious injury or death to a pedestrian.

    Nine of the 20 deadliest US cities for pedestrians are in Florida, with Orlando ranked as the least safe, and the Miami-Fort Lauderdale-West Palm Beach metropolis ranked No. 14 in the 2019 “Dangerous By Design” report.

    Between 2008 and 2017, the state saw 5,433 pedestrian deaths, for an annual average of 2.73 pedestrian deaths per 100,000 people, or a Pedestrian Danger Index (PDI) calculated as 182.0.[/vc_column_text][/vc_column][/vc_row]

  • Thomas Evans, Pedestrian, Killed by Motorist Trying to Avoid Site of Fatal Motorcycle-Truck Accident

    Two people are dead after a “chain reaction” crash on I-295 in Jacksonville, FL, Thursday night.

    State troopers say that around 10:40 PM, a motorcyclist, Emmanuel Luis Carmona, died after running into the back of a semi-truck. A second collision happened about two minutes later when Thomas Evans, 30, stopped his car and got out following the motorcycle accident. The driver of a Toyota Camry tried to avoid hitting the wrecked motorcycle and struck Evans. Both Evans and Carmona died at the scene. Neither driver was injured.

    If there was negligence on the part of one of the drivers or the auto manufacturer, Evans’ family may have grounds to move forward with a civil Wrongful Death case.

    The Law Offices of Craig Goldenfarb, P.A. is dedicated to protecting the rights of individuals and families that have suffered injuries due to the negligence of others. Our attorneys have more than 170 years of combined experience investigating and representing those who have suffered tragic loss or severe injuries.

    If you know a surviving family member of a person who was killed in an auto crash, please encourage them to give our firm a call immediately. The consultation is completely free, and there is no out-of-pocket cost to the family to hire us.

  • How Are Pedestrians Compensated for Injuries?

    In Florida, if someone is hit in a pedestrian accident, usually they are supposed to turn to their No Fault Personal Injury Coverage under their own auto insurance policy for medical bills and lost wages. However, it’s very easy for this coverage to be exhausted after a stay in the hospital, or after being seriously injured. The next step is to see if the at-fault driver has coverage to pay for bodily injuries and property damage. If not, the final step is to turn to the plaintiff’s own uninsured and underinsured (UM) coverage.

    In this post, we explain PIP, BIL and PDL Insurance, and UM coverage and how they affect pedestrian accidents in Florida.

    Personal Injury Protection – Florida law requires all drivers to carry “Personal Injury Protection” or PIP Insurance, which covers policyholders in the event of an accident, regardless of fault (up to your PIP limits). In Florida, you’re required to carry a minimum of $10,000 PIP Insurance on your own policy; however, it may not be enough to cover your damages.

    Bodily Injury & Property Damage Liability – In the event of a pedestrian accident where the at-fault driver is insured, they may have elected to carry Bodily Injury Liability (BIL) Insurance and Property Damage Liability (PDL) Insurance. BIL Insurance pays for serious injuries or death experienced by others (the injured parties or plaintiffs) in a crash, whereas PDL pays for the property damage caused by the at-fault driver in an accident. If the at-fault driver has this coverage, it will usually take effect after the plaintiff’s PIP has been exhausted.

    Uninsured and Underinsured (UM) Coverage – Under Florida law, auto insurance companies are required to offer uninsured/underinsured motorist (UM) coverage. If policyholders don’t want to pay for UM coverage, they must sign a form stating they reject UM coverage. If a pedestrian has UM coverage on their own automobile insurance policy and they’re hit by an uninsured or underinsured driver, the plaintiff’s UM coverage typically kicks in once all other coverage has been fully utilized.

    Do I Use My Health Insurance? – Suppose you’re hit by a car while you’re on foot. If you have health insurance, this is most likely the first place you’ll turn to pay your medical bills. Usually, the insurance company will turn to the at-fault driver’s insurance to seek reimbursement for the policyholder’s medical expenses arising from the accident.

    What if I was working at the time of the crash? If the pedestrian accident occurred while you were working, your employer’s workers’ compensation insurance company may be required to compensate you as well by approving workers’ comp benefits.

    To learn more about filing a pedestrian accident claim, contact the Law Offices of Craig Goldenfarb for a free case evaluation.

  • Pedestrian Fatalities in Florida on the Decline, but Still Common

    A pedestrian accident is different from an auto accident in many ways. For one, when you get into your automobile to drive, the first thing you do (hopefully!) is buckle your seatbelt. But when you go outside to walk home from school, dinner or an event, no one thinks “I better watch out that I don’t get hit by a car.” It’s a given, sort of, that you will make it to your destination safely, but being hit by a car can be a life altering experience, and tragedies such as fatalities or permanent injury can happen as a result of an accident.

    According to the National Highway Traffic Safety Administration, Pedestrian fatalities have declined by 1.7 percent to 4,735, but that number is still 15 percent higher than the low in 2009 of 4,109 pedestrian fatalities. From 2011 to 2013 there were 25,900 pedestrian accidents in Florida, 75 percent of them resulting in injury or death. According to Pinellas County Sheriff Bob Gualtieri, “Florida has become one of the most dangerous states in the United States for pedestrians.”

    A 19-year-old University of South Florida student is in critical condition after being struck by a car. While in the crosswalk attempting to cross 50th Street at Sun Ridge Palm Drive, Elizabeth Courtney was crossing was struck by a Nissan Altima driven by Ernest Washington, 30, of Tampa Fl. Washington was cited for failing to yield to a pedestrian in a marked crosswalk.

    An elderly couple, Francine Freedman, 80, and Philip Kendall, 85, were killed recently after being struck by a car on State Road A1A in Deerfield Beach. The couple was crossing at a point where a streetlight was not working but it is unclear according to investigators if that contributed to the accident. A neighbor who came out of his house when he heard the accident stated that the crossing was noted to be dangerous at night because of the lack of lighting due the the streetlight being out of order.

    The family of the Freedman’s or the Kendalls may have a wrongful death claim against the city of Deerfield Beach, or FPL (the operator and owner of the streetlamp) for their negligence in not addressing a deficient street lamp that may not have had the area lit well, contributing to the fatal pedestrian accident.

    In Largo, Florida, Sarah Arlia, a 32-year old mother, was crossing the street “outside of the crosswalk” with her 5-year-old son and 6-week-old daughter when the family was struck by a car causing the death of the infant girl. The driver stated that he saw the family but not soon enough to stop. The three were directly struck at the car’s full speed as there was no time at all to break. The car was driven by 65-year old Sandra Neki.

    One can never assume that just because lines are painted on a highway, a driver will necessarily obey them and stop or slow down. It’s always better to err on the side of patience and caution. It’s it up to us all when we are pedestrians to exercise the same level of caution and awareness while walking that we would exercise when we are driving.

  • Understanding Uninsured and Underinsured Motorist Coverage

    [vc_row][vc_column][vc_column_text]As discussed in an earlier blog post on Personal Injury Protection, or PIP, and how PIP protects Florida drivers under the state’s “No Fault” laws as it relates to car accident injuries, there are other types of protections that are available through your auto insurance company. These protections can be a little confusing, so here’s another article in a series we are doing about auto insurance in Florida.

    Previous posts in this series: How PIP Insurance Protects Drivers under Florida’s No-Fault Laws

    As mentioned in the last article, Underinsured Motorist coverage, also called by some auto insurance companies “Uninsured Motorist Coverage”, or “UM” for short, is an optional policy that is available in addition to your state minimum auto insurance policy coverage. This policy provides money to you to be used for medical bills if you are injured in a car accident where the other driver has insufficient auto insurance, or is without car insurance entirely.

    UM is a policy option you purchase to protect yourself. If you purchase an Uninsured Motorist policy, you are covered in the event that you are in an accident where the other driver has no car insurance at all. In Palm Beach County, high rates of uninsured drivers are a particularly apparent problem. Hit-and-run rates in the county are also very high, and many times, authorities on the subject say, the typical hit-and-run is a fender-bender that involves an uninsured or unlicensed driver, which causes one or more of the drivers to flee the scene of the accident out of fear of punishment or retribution.

    It’s clear that having Uninsured Motorist coverage is a good investment if you live and drive in Palm Beach County. And it’s not very much money – perhaps an extra $10 or $12 a month in premium, which is well worth the potential policy payout you would be entitled to in addition to your PIP payout.

    But for the Underinsured Motorist Coverage, it’s a little trickier – the payout under these policies is based on a few factors:

    • How much policy coverage you purchase for yourself.
    • How substantial the medical bills that are associated with your car accident are.
    • To what extent the other party involved in the car accident are “underinsured”.

    What does this UM coverage cover, exactly?

    UM coverage in Florida will offer a number of benefits to you and your family members in the event you need it. If you are a passenger in a vehicle that is involved in a car crash, and you have suffered injuries, you may be entitled to the host vehicle’s UM insurance coverage, if it is available. Likewise, if you are driving a vehicle owned by an immediate family member whom you live with, you may also be entitled to the host vehicle UM coverage (provided the other vehicle or vehicles involved in the wreck were at fault).

    It’s important to note that UM coverage may be available to you if you are in a car accident in addition to other coverage – not in replacement of other coverage. But what coverage applies and how it applies is dependent upon the nature or situation of the car accident itself – who was driving, which party was at fault, and the specific coverage outlined in the auto insurance policies of each of the drivers involved. That’s why it’s so important to hire a personal injury lawyer who has experience representing people who are injured in car accidents in Palm Beach County.

    There may be more compensation available for your medical bills and injuries than you realize, but only a good, competent personal injury lawyer can tell you if that’s true or not.[/vc_column_text][/vc_column][/vc_row]

  • Deadly Left Turns: Your Guide To Intersection Accidents

    Injured in a West Palm Beach left turn accident? You may want to consult a car accident attorney in West Palm Beach.

    A left turn is considered one of the most dangerous driving maneuvers. Why are left turns so dangerous? When making a left turn, a driver must turn into oncoming traffic this creates a danger for everyone in the intersection and puts the driver at an increased risk of injury in a West Palm Beach traffic accident.

    Injuries from a left turn accident can be catastrophic. The car in the intersection may be travelling at a high rate of speed. The impact can causehead injuries, spinal cord injuries, lacerations, internal injuries, contusions and fractures. Often these crashes are fatal.

    Because of the risk of serious accidents, there are more rules for left turns than for right turns. Most states require that drivers turn on their left turn signal at least 100 feet before making a left turn. A driver give the right of way to all oncoming traffic regardless of what the traffic light says, and the driver must make the left turn without endangering an oncoming vehicle.

    How to make a safe left turn:

    1. Make sure your car is in the correct lane to make a left hand turn. The lane may or may not be marked, but it is usually the lane closest to the center line.
    2. Slow down and signal that you intend to make a left turn. You should begin signaling 100 feet from the intersection.
    3. Wait until there is no on-coming traffic before entering the intersection. Yield to any cars, trucks, motorcycles, pedestrians or bicycles approaching from the opposite direction.
    4. Look in all directions before making your turn.
    5. Slow down and proceed with caution into the intersection.
    6. Stay right of the center line and turn into the appropriate lane.

    Because Florida drivers making a left turn are responsible for making sure the turn can be completed safely, they are usually considered to be at fault if a West Palm Beach left-turn accident occurs. There are some exceptions, but if a diver was making a left turn when a Florida traffic accident occurred, it is the driver’s duty to prove that he was not the cause of the accident. This is true even if the driver had a green arrow.

    In this case, the driver must prove that the arrow was green the entire time he was turning left that he had pre-empted the green light at the intersection.

    In the unfortunate event that you are involved in a Florida left turn accident, it is important that you consult with a car accident attorney in West Palm Beach. Determining fault for a left turn accidents can be complex, and you don’t want to be held liable for damages that were not your fault.

  • Examples of Pedestrian Accidents

    A typical injury lawyer in West Palm Beach is bombarded with horrific tales of pedestrian accidents on a regular basis. What are some common situations in which pedestrians find themselves threatened and injured? What can you to do protect yourself?

    3 Common Pedestrian Accident Scenarios in West Palm Beach (and Elsewhere)

    Intersection/Crosswalk Mayhem

    Whenever pedestrian traffic meets vehicular traffic, opportunities for disaster may emerge. Even when drivers and pedestrians are on their “best behavior” – and even when intersections are designed well – accidents can still happen.

    Why? Simply put, human beings did not evolve to drive cars, trucks, or motorcycles, so our ability to do things like gauge stopping distances of fast-moving cars is inherently poor.

    What you can do: Avoid busy intersections, if possible. When you cross the street, look both ways and turn off distractions, such as cell phones.

    Alcohol + Narcotics + Walking = Recipe for Disaster

    In their bestselling book, SuperFreakonomics, authors Steven Levitt and Stephen Dubner build the case that DUI pedestrians are, mile for mile, more dangerous than DUI drivers.

    What you can do: If and when you consume alcohol, prescription medications, or other narcotics, avoid driving. Call a cab or ask a sober person to drive you to your destination.

    Pedestrians Tempting Fate

    Pedestrians who cross where they shouldn’t, walk along busy streets at night without reflective clothing, and engage in other acts of obvious stupidity put themselves at a higher risk.

    What to do: Abide by rules of common sense (e.g. don’t wear all black and go jogging on a busy street at night). Also, take time to read about potential root causes of pedestrian accidents – especially if you walk or run a lot near roads. Your education is ultimately your best defense.

    If you were hurt in a pedestrian accident in West Palm Beach or elsewhere, the team at the law offices of Craig Goldenfarb can help.