Pinellas Park, FL — Pedestrian Outside Crosswalk Hit, Killed by SUV
21NovPinellas Park, FL (November 21st, 2024) – A pedestrian crossing the street was hit and killed by an SUV on Wednesday night in Pinellas Park.
Law enforcement are continuing to investigate the fatal pedestrian accident, which occurred along Gandy Boulevard east of U.S. 19. The driver of the SUV remained at the scene, and reports did not indicate what factors may have contributed to the crash.
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Common Causes of Pedestrian Accidents
Numerous factors commonly contribute to the occurrence of accidents involving motor vehicles and pedestrians. They may be due to a single factor or involve a combination of elements related to driver behavior, pedestrian actions, and environmental conditions. Some of the most common causes of Florida pedestrian accidents include:
Drunk or Impaired Driving
Driving under the influence of alcohol or drugs reduces reaction times, impairs judgment, and makes it harder for drivers to notice pedestrians. Pedestrians under the influence are also at greater risk of accidents due to impaired awareness.
Driver Distraction
Distracted driving is one of the leading causes of pedestrian accidents. Texting, talking on the phone, or even fiddling with in-car technology reduces drivers’ attention, making it harder to spot pedestrians crossing streets or walking along the road.
Speeding
Speeding significantly increases the likelihood and severity of pedestrian accidents. A car traveling at higher speeds has a longer stopping distance and creates a forceful impact, which can lead to fatal outcomes for pedestrians.
Failure to Yield at Crosswalks
Florida law requires drivers to yield to pedestrians at crosswalks. However, many accidents happen because drivers fail to stop or slow down, particularly at unmarked or poorly lit intersections.
Poor Visibility
Low-light conditions, inclement weather, and poorly lit streets create situations where pedestrians are harder to see. Drivers navigating these conditions may not notice pedestrians until it is too late.
Visibility may have been a factor in the recent Pinellas Park pedestrian accident. The collision occurred at around 10:15 p.m.
Jaywalking or Unsafe Crossing
Not all pedestrian accidents are due to driver errors. Jaywalking, or crossing streets outside designated crosswalks, and failing to follow traffic signals can also lead to dangerous encounters with vehicles.
When struck by the SUV near Gandy Boulevard, the pedestrian recently killed in Pinellas Park was crossing outside a marked crosswalk.
High-Traffic Areas and Tourist Zones
Florida is a popular tourist destination, and areas with heavy foot traffic, such as theme parks, beach towns, and downtown districts, pose additional risks. Visitors unfamiliar with the local traffic patterns may unintentionally put themselves in harm’s way.
Who Is Liable for Pedestrian Accidents?
Determining liability in a pedestrian accident often depends on the circumstances surrounding the incident. In Florida, the person whose negligence caused the accident is typically held responsible. Therefore, the liable parties in such cases may include drivers, pedestrians, or property owners or municipalities.
Drivers are frequently at fault in pedestrian accidents. They may bear all or some of the responsibility for the damages resulting from such collisions when they fail to yield at crosswalks, drive distracted or under the influence of drugs or alcohol, speed, or otherwise engage in negligent behaviors behind the wheel.
When pedestrians’ actions contribute to them getting hit by vehicles, they may share some or all of the liability. Factors that may contribute to pedestrians sharing financial responsibility include jaywalking, ignoring traffic signals, and walking while distracted or under the influence.
What if Pedestrians Share Fault for an Accident?
Florida operates under a comparative negligence system. As such, liability for an accident can be divided among all parties based on their percentage of fault. Even if a pedestrian shares some of the blame for an accident, they may still be eligible to recover compensation.
When pedestrians share fault for causing an accident that results in injuries, their recovery may be reduced in proportion to their percentage of blame. A judge or jury will review the facts of the case and assess blame to the involved parties. A victim who is assigned 10% blame for a pedestrian accident, for example, would then be entitled to recover 90% of their total damages.
Filing a Wrongful Death Lawsuit in Florida
When a pedestrian accident results in a fatality, surviving family members may seek justice through a wrongful death lawsuit. Florida law allows certain relatives to recover compensation for their loss, helping to ease the financial and emotional burden.
Who Can File Wrongful Death Claims?
Under Florida’s Wrongful Death Act, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This representative is usually named in the deceased’s will or appointed by the court if no will exists.
The lawsuit, however, is filed on behalf of specific surviving family members who may benefit, including:
- Spouse: The surviving spouse has a primary claim for loss of companionship, support, and emotional suffering.
- Children: Minor children (and in some cases, adult children) may recover for the loss of parental guidance, financial support, and emotional trauma.
- Parents: In cases where the deceased was a minor child, parents can recover damages for the loss of companionship and mental pain. For adult children, this right is limited unless there are no other survivors.
- Other Dependents: Blood relatives or adopted siblings who were financially dependent on the deceased may also have a claim.
A Clearwater wrongful death lawyer can help families determine if they have a case to pursue damages.
What Damages Can Florida Families Recover After Fatal Pedestrian Accidents?
Families of the deceased may recover a range of damages aimed at compensating for both financial losses and emotional suffering. These damages typically include economic and non-economic damages.
The recoverable economic damages families may recover in such cases include those for the costs of emergency care or treatment incurred before the deceased’s passing, funeral and burial costs, and compensation for the wages and benefits the decedent would have provided to their family.
Families can also recover for non-economic damages. For example, this includes compensation for the emotional pain and suffering experienced by surviving family members through loss of companionship, damages for the trauma and grief caused by the untimely death, and compensation for the loss of a parent’s support and nurturing for minor children.
Board-certified in injury law, our attorney at Magazine & Light Law Group, Jim Magazine, has more than 30 years of experience helping families like yours move forward after the wrongful death of a loved one. To discuss your options after a fatal pedestrian accident, call our Clearwater, Florida, team at 727-499-9900.