St. Petersburg has positioned itself as a top Gulf Coast destination for visitors from all over the world. Downtown St. Petersburg boasts luxurious resorts, elegant museums, and fine dining establishments, all within a walkable perimeter. Visitors get the most out of the city’s celebrated destinations by traveling on foot, which, while providing great exercise and views, can sometimes put them in harm’s way.
Unfortunately, many automobile drivers do not respect the rights of pedestrians. It’s the motorist’s responsibility to do everything possible to avoid pedestrian collisions. Turning motorists must yield to pedestrians at intersections with traffic signals. Motorists must yield to pedestrians crossing the street or driveway at any marked mid-block crossing, driveway, or intersection without traffic signals. When these types of rules are not followed, the pedestrian can suffer serious injury and even death.
According to a report by Smart Growth America, the Tampa-St. Petersburg-Clearwater area ranks 9th among the most dangerous metro areas for walking in the United States. The report claims that 900 pedestrian deaths occurred between 2008 and 2017, or about 3.07 fatalities per 100,000 people per year.
If you’ve recently been injured as a pedestrian, you may not realize that you have the same rights as any other car accident victim to seek legal representation and file an injury claim. With the help of a pedestrian accident lawyer who knows St. Petersburg, you can begin your path to recovery.
Common Factors Contributing to Pedestrian Accidents in St. Petersburg
The unique layout and traffic patterns of St. Petersburg contribute to specific pedestrian accident risks. The city’s popular downtown area, Beach Drive, waterfront districts, and beaches experience heavy foot traffic alongside vehicle movement, creating numerous conflict points where accidents occur.
Several local factors frequently contribute to pedestrian accidents:
- Distracted driving, particularly near tourist areas where drivers may be unfamiliar with the roads
- Failure to yield at crosswalks, especially at uncontrolled intersections
- Speeding through residential areas with limited sidewalk infrastructure
- Poor visibility at dusk and dawn, particularly during winter months when lighting conditions change
- Intoxicated driving near entertainment districts and beaches
These location-specific hazards require specialized knowledge when building a pedestrian accident case in St. Petersburg. Understanding the intersection of local traffic patterns, municipal ordinances, and state laws provides crucial context for establishing liability in these complex cases.
Understanding Pedestrian Right-of-Way Laws in Florida
Florida’s pedestrian laws establish clear guidelines for when pedestrians have the right of way. According to Florida Statute 316.130, drivers must yield to pedestrians crossing a road within a marked crosswalk or at an unmarked crosswalk at an intersection. This legal protection exists even when no traffic signals are present or when the signals are not operational.
However, pedestrians also have responsibilities under Florida law. While in crosswalks, pedestrians may not suddenly leave a curb or other place of safety and walk into the path of a vehicle so close that it becomes impossible for the driver to yield. Understanding these nuanced right-of-way laws can significantly impact liability determinations in pedestrian accident cases.
Comparative Negligence in Florida Pedestrian Accidents
Florida operates under a pure comparative negligence system, which can significantly impact pedestrian accident claims. Under this legal principle, injured pedestrians may still recover damages even if they were partially at fault for the accident, but their compensation will be reduced by their percentage of fault.
This becomes particularly relevant in cases involving pedestrians who may have crossed outside of designated crosswalks or against traffic signals. For example, if a pedestrian is determined to be 30% responsible for an accident by crossing against a signal, they may still recover 70% of their damages. Insurance companies often attempt to maximize the pedestrian’s share of fault to minimize their payout, making it essential to have skilled legal representation familiar with Florida’s comparative negligence laws.
What Are Your Options If You Are Injured as a Pedestrian?
Your first step after being involved in an accident as a pedestrian should be to get yourself checked out at a clinic or hospital. If you’ve suffered an injury, you should check your insurance policy and determine your legal options for pursuing compensation. As a no-fault state, accident victims in Florida must file a claim against their own insurer before they can seek additional damages from the other party, regardless of who was at fault for the crash.
As a pedestrian, you might have additional options for recovery.
- PIP Coverage: The State of Florida requires every registered driver to have PIP insurance coverage. PIP, which stands for Personal Injury Protection, pays for a portion of accident-related medical bills. If you or a resident relative in your household carries PIP on an auto insurance policy, you can potentially use it to cover the medical expenses that resulted from your pedestrian accident as well.
- The At-Fault Driver: If the driver was at fault for your accident, you can file a claim against them and potentially recover compensation under this insurance policy.
- Liability Lawsuit: If the at-fault party does not have sufficient insurance coverage to pay for all your accident-related losses, you can file a civil suit in court for additional damages.
Pedestrian accidents become tricky situations when a person sustains an injury. If you attempt to file a claim on your own, your insurance company might try to downplay your injuries to pay the least amount possible. If you file against the other driver’s insurance, their insurance company may try to place some of the blame on you to avoid liability. Insurance companies employ numerous tricks to pay out smaller claims, so it’s important to work with an experienced pedestrian accident lawyer to have the best chance of receiving the compensation you deserve.
How PIP Coverage Helps Injured Pedestrians
In Florida, your PIP insurance will cover 80% of your medical bills and as much as 60% of lost wages until these expenses meet the policy’s limits. If your medical bills exceed what your policy can pay, you may consider stepping outside of the no-fault system and filing a personal injury lawsuit against the at-fault driver. To succeed, you would need to show the court that the other driver’s negligence caused the accident and your injuries.
Talk to an attorney to determine the best course of action. Marsalisi Law has helped thousands of injured victims, in and around St. Petersburg, recover the compensation they need for more than ten years. Call (727) 334-1344 for a free consultation with attorney Frank P. Marsalisi.
What Damages Could You Recover After a Pedestrian Accident?
Accidents involving pedestrians and drivers happen almost every day. Not all of them lead to serious consequences; however, it’s easy to see why these accidents hold such potential for extreme losses. With a pedestrian accident attorney by your side, you may be able to file a claim for the following damages:
- Property damage;
- Lost wages;
- Cost of transportation to and from doctor appointments;
- Pain and suffering;
- Permanent disability and disfigurement;
- Household help for duties you can no longer do yourself;
- Other costs directly tied to your injuries in a pedestrian crash.
When Is the Pedestrian at Fault?
Sometimes, both parties involved in a collision carry some degree of fault. Although drivers are responsible for driving safely and giving pedestrians the right of way at crosswalks and intersections, pedestrians who fail to take proper precautions may be found partially at fault for their accident. Situations in which a pedestrian may be at fault include:
- Jaywalking;
- Crossing against the light;
- Walking where it’s prohibited;
- Walking while intoxicated; and/or
- Walking while distracted.
If you’re found partially responsible for your accident, the state’s comparative negligence rule will limit your recovery. For example, if the insurer responsible for paying your insurance claim deems you’re 40% at fault for the accident, you could potentially only recover 60% of your losses.
Staying Safe While Walking Around St. Petersburg, FL
Here are some pedestrian safety tips to lessen the likelihood of you becoming a pedestrian accident victim:
- Always walk on the sidewalk if it’s available to you. If there’s no sidewalk and you have to walk on the roadway, always walk facing traffic;
- Dress in brightly-colored clothing to be more visible, especially at night;
- Always cross the street at a marked crosswalk;
- Make sure that the driver you’re crossing in front of can see you;
- Never walk unattended while under the influence of drugs or alcohol.
Of course, accidents happen regardless of how cautious pedestrians are when sharing the roads with vehicles. If you’re hurt, don’t wait to contact Marsalisi Law to get started on your path to recovery.
Consult a St. Petersburg pedestrian accident attorney today
Attorney Frank P. Marsalisi strives to provide quality representation during what is usually a challenging and painful experience. He provides personalized attention to each and every client, and can even make home visits if you’re incapable of meeting him at his office. Frank will make you feel that you’re never alone during the healing process and will keep you informed about your claim 24/7.
Over the past decade, Frank P. Marsalisi has helped hundreds of pedestrians who were injured in St. Petersburg recover much-needed compensation for a variety of losses. As a member of the Tampa Bay Trial Lawyers Association, Frank P. Marsalisi has successfully litigated many pedestrian accident claims so his clients could focus on regaining their health. If you’re ready to inquire about the injury claims process, call 727-800-5052 or complete our contact form. At Marsalisi Law, this is where Law Gets Personal.
