Florida often leads the nation in Pedestrian Deaths. In 2009 a total of 4,092 pedestrians were killed. Of the 4092 nationwide deaths, Florida accounted for 466 fatalities-2nd only to California.
On May 9, 2012, Pedro Domingo Mendez was struck by a pick-up truck while walking across Pines Boulevard at 68th Avenue, Pembroke Pines, Florida. Mr. Mendez was taken to Memorial Regional Hospital where he was treated for head injuries. Unfortunately, Mr. Mendez died May 14, 2012.
Police said neither alcohol or drugs was a factor. In 2009, Alcohol involvement — either for the driver or for the pedestrian — was reported in 48 percent of the traffic crashes that resulted in pedestrian fatalities. Of the pedestrians involved, 35 percent had a blood alcohol concentration (BAC) of
.08 grams per deciliter (g/dL) or higher. Of the drivers involved in fatal crashes, only 13 percent had a BAC of .08 g/dL or higher, less than two-thirds the rate for the pedestrians. In 6 percent of the crashes, both the driver and the pedestrian had a BAC of .08 g/dL or higher.
As a Florida Personal Injury lawyer, I have represented numerous pedestrians and cyclist who were victims of car accidents. South Florida pedestrians are susceptible to accidents because of the lack of sidewalks, lack of public transportation, and narrow traffic lanes.
The National Highway Traffic Safety Administration recommends the following safety procedures:
Drivers are required to yield the right-of-way to pedestrians crossing streets in marked or unmarked crosswalks in most situations. They need to be especially careful at intersections where the failure to yield right-of-way often occurs when drivers are turning onto another street and a pedestrian is in their path.
When possible, cross the street at a designated crosswalk. Always stop and look left, right, and left again before crossing. If a parked vehicle is blocking the view of the street, stop at the edge line of the vehicle and look around it before entering the street.
Increase visibility at night by carrying a flashlight when walking and by wearing retro-reflective clothing that helps to highlight body movements.
It is much safer to walk on a sidewalk, but if you must walk in the street, walk facing traffic.
In the event Mr Mendez’ family choses to do so, they can bring a claim for Wrongful Death. The claim can be brought by Mr Mendez’ spouse if he is married or by his parents. The damages include economic damages(hospital bills, funeral bills, ambulance bills, etc) and non-economic damages(loss of companionship, loss of comfort, mental anguish, etc)
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.