According to the National Highway Traffic Safety Administration, nearly 43,000 people lost their lives in car and truck accidents last year, an increase of 10.5% over 2020, which itself had the highest death rate in fifteen years. In comparison, during 2019, car accident death rates rose nearly 20 percent, which was the highest rise since the mid-1940s. Trying to determine the reason for the dramatic increase is difficult, but researchers believe it is a deadly combination of faster reckless drivers using their phones while behind the wheel.

Not surprisingly, Florida is a top state for distraction-related automobile deaths, according to data from MoneyGeek.The Sunshine State had over 500 distracted driving deaths during the years 2019 to 2020. The only state with more distracted driving deaths during that time was Texas. In hopes of changing the path of deadly crashes in Florida, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and the Florida Highway Patrol started a campaign, during National Distracted Driving Awareness Month, to teach Florida motorists about the importance of avoiding distracted driving. According to FLHSMV data, distracted driving crashes resulted in 333 fatalities in 2021 – the highest recorded in Florida in at least 8 years. On average, there were more than 1,000 distracted driving crashes every week across Florida last year.

In addition to distracted drivers causing deadly crashes, increases in the number of electric cars, which are faster than internal combustion vehicles, led to greater risks for pedestrians and bicyclists, who may not hear the approaching electric vehicle. The number of heavy vehicles with greater horsepower on the roadways is also at an all-time high. Heavy fast vehicles dramatically increase the likelihood of death or serious injuries from a crash. The EPA found that vehicle’s average horsepower has nearly doubled over the last 20 years.

Also, large trucks and SUVs, given their weight, are especially dangerous for pedestrians. Data shows that these vehicles pose a deadlier threat to pedestrians as compared to cars when making turns. The Insurance Institute for Highway Safety found that while a vehicle with a higher ride height can help with down the road visibility, they cause the driver to have a greater blind spot in the areas immediately in front of the high vehicle. Increasingly bigger vehicle is a reason why more than seven thousand pedestrians died in traffic accidents last year, a rise of more than thirteen percent from the prior year. Although we drove the least number of miles during the Covid-19 lockdowns, because those on the road drove more carelessly, there was actually an increase in the number of pedestrian deaths per mile driven. In order to turn the tide against the rising number of roadway traffic deaths, there needs to be greater regulatory changes, in combination with drive behavior changes – particularly making sure drivers and passengers use their seatbelts. The NHTSA’s data shows the number of unrestrained drivers and passenger who have died in car accident rose more than twenty percent over the last two years.

Having helped too many families deal with the tragic death of a loved one after a Florida car accident caused by a distracted or reckless driver, we again tell your fellow Floridians, please put your phone down when you’re behind the wheel. Even a quick glance at your phone while your vehicle is moving puts everyone else on the road, and all passengers in your vehicle, in danger.

A report published by the Governors Highway Safety Association for 2020 demonstrated the most significant increase in car accident related pedestrian death rate since the National Highway Traffic Safety Administration established its Fatality Analysis Reporting System. The initial reporting unfortunately found nearly seven thousand pedestrians died during 2020. That number represents a 4.8% increase over the prior year’s deaths.

In fact, the numbers mean there was a twenty-one percent increase in the pedestrian death rate – based upon a rate of 2.2 per billion vehicle miles driven. That increase is particularly concerning as we Americans drover significantly fewer miles over the past year due to lockdowns and pandemic related business closures and work from home requirements of the past year. Those figures, which we must remember represents actual loss of life, occurred despite a 16.5% reduction in vehicle miles traveled nationwide. Last year’s rise continues the pattern of increasing danger for pedestrians – as pedestrians fatalities made up 17% of all traffic deaths in the prior year, a nearly fifty percent increase from the 13% amount of pedestrian deaths in 2010. Basically, pedestrian deaths rose by nearly fifty percent over the past decade, while all other car accident-related deaths increased by only 5%.

The report, which is compiled from mandatory data accumulated by state highway safety offices. While the data is preliminary, that is until the National Highway Traffic Safety Administration finalizes it, it is disconcerting and should shock all of us.

Considering the safety advances vehicle manufacturers have implemented for drivers and passengers, it is clear more attention must be paid to address the dangers vehicle pose to pedestrian and bicycle riders. There is no doubt that one of the most prevalent factors contributing to the rise in pedestrian deaths is an associated increase in the number of truck and SUVs on Florida’s roadways. Other likely factors contributing to the rise in pedestrian car accident deaths are speeding, drunk driving, stoned driving and driver distraction such as cell phone use. Distracted driving also includes using a vehicle’s navigation system and reading to emails. Although many states issue citations to drivers for texting to be a primary offense, not all states enforce those law as rigorously, in fact, Florida only last year made texting and driving a primary citable offense.

Drivers don’t fully understand that if they are driving 55 mph, if their eyes leave the road for only five seconds, their vehicle move over 300 feet down the road; that right, in merely five seconds their car will travel over the length of one football field. The report also found that the majority of pedestrian deaths from car accidents happen at night and at areas which are not considered to be intersections.

Fort Lauderdale personal injury lawyer Joseph Lipsky reminds his fellow motorist that they must always be on the lookout for pedestrians and bicycle riders. Remember it only takes a moment of distraction to change the path of someone’s life.

Recently researches have begun to focus on the causes of this deadly rise, as they’ve come to realize that the majority of pedestrian wrongful deaths are not the result of bad luck, but rather due to poor planning by engineers and politicians who have routinely ignored needed safety studies before building new roadways. Additionally, the growing number of large SUVs on the road has contributed to the increase in deadly collisions.

Most drivers do not realize that due to the height of SUVs they are prone to strike pedestrians in their torso, the site of vital organs, rather than in their legs – which may result in fractures, but not death. Studies found that SUVs cause nearly 110 wrongful deaths per 1,000 pedestrian collisions versus 45 caused by cars.

Distracted driving is another significant factor in the rise in pedestrian deaths, despite that fact that most police departments do not have reports which adequately report the role cell phone use plays in pedestrian and bicycle accidents. However, as nearly all drivers admit to using their phones while behind the wheel it is clear that the role distracted drivers play in pedestrian accidents is underreported.

Additionally, safety engineers have failed to consider the speeds they allow on roads which are known to have significant pedestrian traffic. This is particularly concerning as the majority of pedestrians die in crashes where a vehicle was driving more than forty miles per hour. This is an easily correctable issue which lower speed limits, roadway cameras and better road design including better and more streetlights are able to address. Roadway design in particular can an immediate impact on pedestrian death prevention, by simply providing more crosswalks and stop signs; sadly, most drivers will not stop for pedestrians at unmarked intersections. Also by providing additional time for pedestrian to cross marked crosswalks, traffic engineers can save lives particularly in locations with an older population which walks slower.

More deadly pedestrian crashes happen in suburban areas where high speed roads are located near homes and apartments.

Lastly, public relations campaigns are needed to change the narrative journalists use when reporting pedestrian crashes. Too often those stories blame the injured or deceased pedestrian without regards for a poorly designed road or a speeding motorist. Having continually battled the ongoing tort reform narrative, Fort Lauderdale personal injury lawyer Joseph Lipsky agrees that the term “accident” which implies there’s no fault for a crash, that discussion about pedestrian versus car incidents should be referred to as a “collision.”

The report found that nearly 6,600 pedestrians died in car and truck accident related crashes over the past year, an uptick of almost five percent from 2018. As one can imagine, the Association is dismayed by the data, which represents thousands of affected families.

While the researchers have difficulty determining the precise reason for the deadly increase, they attribute the rise to driver conduct including the ever increasing use of cellphones and driving under the influence of drugs and alcohol – a situation which will only continue to rise due to the growing trend of legalized marijuana use. In fact, driver intoxication played a role in about one-third of all car accidents resulting in a pedestrian fatality, with about sixteen percent of all drivers involved in pedestrian related crashes being legally drunk.

The Association also found that poor lighting along roadways upon which pedestrians are known to use and the absence of properly marked crosswalks also play a role in the increase.

As we are personal injury lawyers know too well, there is a direct link between the increase in driver smartphone use and the dangers to pedestrians. In fact, over the past decade the number of smartphones being used has increased 4xs. That decade’s long trend correlates to the fifty percent rise in pedestrian deaths over the past 10 years, while the number of vehicle occupant deaths has only increased by two percent. Clearly driver smartphone use is an ever increasing danger to pedestrians and bicycle riders. According to the National Highway Traffic Safety Administration car accident occupant deaths continued to drop, by nearly four percent in the first half of last year, a follow up on the heals of a nearly three percent decrease in 2018.

As anyone who’s driven a new car knows, the drop in vehicle occupant car accident deaths can be attributed to the rise in autonomous driving features, including automatic braking and equipment to assist drivers in avoiding crashes.

And of course, Florida remains one of the most dangerous states for pedestrians, as was one of the five states which were the site of nearly half of the deaths.

The report also found that the vast majority of the rise in pedestrian wrongful deaths took place in the evening, when the number of pedestrians who died in car accidents rose by nearly seventy percent, as compared to only a sixteen percent rise in daylight crashes involving pedestrians. And logically, the majority of pedestrians died along multi-lane roads and in the middle of blocks, rather than at intersections.

Also not surprisingly, traffic engineers found that more pedestrians are likely to die in crashes with an SUV rather than a car, given the vehicle’s greater weight and higher driving position. The data revealed that deaths involving pedestrians hit by an SUV nearly doubled over the past ten years.

As personal injury lawyers practicing in Miami and Fort Lauderdale, we can only hope that drivers keep their eyes on the road, instead of on their phones, and be ever watchful for pedestrians and bicyclists. We also remind those walking along roads remember that cars and trucks deserve your attention more than the post or text you are reading or sending. Both motorists and pedestrians have a responsibility for each other and their own safety.

While some car makers have begun to install automatic braking systems, which are designed to protect bike riders and pedestrians, the majority of manufacturers have not made such systems standard, instead only offering those as expensive options. As we’ve previously reported, due to the ever increasing problem of distracted driving and the rise in the number of large vehicles on the road, which are more deadly than cars, the need to protect those outside of vehicles has become a pressing need, particularly in Miami and Ft. Lauderdale where our weather encourages more outdoor activity, including walking and biking. Thankfully the vast number of car manufacturers have decided to get ahead of pending regulations and agreed to have emergency braking installed in all their vehicles by late 2022. Also, the Insurance Institute for Highway Safety is trying to motivate manufactures to speed up implementation of such equipment by letting manufacturers know that only vehicles with pedestrian detection and braking systems as standard equipment will be eligible for its Top Safety Pick rating. The IIHS believes autonomous braking will help motorists avoid nearly 30,000 car accidents and prevent over 10,000 injuries within the next 5 years.

In addition to automatic emergency braking, manufacturers are evaluating other pedestrian and cyclist safety measures, such as those being used in Europe, including using materials on bumpers which are less rigid, meaning they will cause less damage to a pedestrian. Other advances include the utilization of so-called artificial intelligence which will allow cars and trucks to react more quickly to unexpected dangers. AI is also being used to trigger faster responses from emergency personnel, including ambulances and fire rescue, which it is hoped will result in fewer serious car accident injuries.

The technology will use measurements from a vehicles sensors to monitor the severity of crashes and estimate the type of emergency response needed. Like vehicle speed and aggressive driving monitors, the program will install devices in vehicles which are connected to a central data bank to determine if particularly vulnerable body parts were likely injured in a crash. That information is they relayed to physicians who can treat serious injuries in real time, by making sure they are taken to a trauma hospital rather than a local emergency room.

We could not agree more with the need for an expansion and implementation of accident prevention and life saving technology.

When politicians and planning mapped out our state, their desire was for efficient and fast travel. Unfortunately, that quest for speed had the unwanted effect of making pedestrian safety an afterthought. Considering more than 4,000 pedestrians die each year in car accident, a rate of one wrongful death pedestrian car accident every two hours, it is no wonder that pedestrian wrongful deaths from car accidents have actually rise over the past few years, while car accident deaths have actually dropped about six percent in the same time period.

Florida had almost 5,500 pedestrian wrongful deaths in the past decade; a fatality rate of 2.73 pedestrian deaths per 100,000 people, which equates to the study’s a Pedestrian Danger Index (PDI) of 182.0. The number of car accident versus pedestrian deaths in Florida is significantly higher than the national average of 1.55 per 100,000 and a PDI of 55. We are significantly higher than states with larger populations, including Texas, California and New York.

In South Florida, including Miami, Fort Lauderdale and West Palm Beach, more than 1,500 pedestrians died after being struck by a motor vehicle. And while Orlando had more than 650 car accident related pedestrian deaths over the past decade, its PDI of 313.3 is off the charts in terms of danger.

The study concluded that state planners, thinking only about vehicle convenience, built wide roads and long blocks which priorities vehicles and disregarding pedestrian and bike rider safety.

Not surprisingly, the older and less affluent members of South Florida, those who have limited choices but to walk are more likely to be the victims of car accident involving pedestrians which lead to death. Older pedestrians, who walk slower than younger members of our community, often find themselves taking longer to cross streets, making them more vulnerable. And according to the NHTSA, the ever growing number of SUVs on the road are 2 – 3 times more likely to be involved in a crash in which a pedestrian is a fatality.

Hopefully the Federal Highway Administration roll-back of car centric regulations will allow for the design and construction of safer streets with slower traffic. The FHA’s research indicates that pedestrian deaths drastically drop at speeds slower than 30 m.p.h.

We your Ft. Lauderdale car accident attorneys at the Law Offices of Joseph Lipsky, agree with the Complete Streets directive that we should stop calling pedestrian deaths as unavoidable accidents, because these deaths are preventable. Unfortunately, despite them being preventable pedestrian car accident deaths and injuries happen every day. This is why it is also important for all vehicle owners to have uninsured motorist coverage. Most people don’t realize that if you have uninsured motorist coverage on your vehicle it “follows” you where you are, even if you are a pedestrian or riding a bicycle. As many car versus pedestrian accidents involve the driver leaving the scene, the pedestrian’s own car insurance, if they have uninsured motorist coverage, will allow them to have a source of recovery even if the driver who hit them is never identified.

While nearly eighty percent of all vehicles sold in American over the past year have come equipped with some type of installed accident avoidance or notification systems, such as lane departure alarms and automatic braking on highway systems, that technology is really only designed to protect vehicle occupants from being injured in a car accident. Current systems are woefully inadequate at providing similar accident avoidance technology when it comes to pedestrians and bicycle riders. Thankfully, manufacturers are finally taking steps to equip cars and trucks with pedestrian accident avoidance systems too.

Although not yet in use in the United States, in Europe, where government regulation is more strict, certain manufacturers are already placing systems which can detect and brake for pedestrians and bike riders who a vehicle senses within 20 yards of a vehicle. The systems claim to be able to enact emergency car accident avoidance in less time than a human can blink his eyes.

Also, automakers are studying how to integrate vehicle safety systems with roadside equipment, such as cross-walk signs. The hope is that the signs will be able to emit signals notifying nearby vehicles of pedestrians being present, even in locations where a vehicle’s systems are unable to see. This interaction between moving and static systems will have an ability to map intersections in real-time to help vehicle notify vehicle and drivers of potential dangers. However, these type of systems will take decades to be able to work properly, as all vehicles and local municipalities will need be equipped with the necessary equipment.

Another area where advancements are being pursued is in making vehicle headlights brighter and more effective. Primarily due to antiquated regulations, vehicle manufacturers have not taken needed advances to install headlights which better control the direction of vehicle light beams so as to reduce glare and help motorists. Considering nearly 75% of pedestrian wrongful death happen in the evening, the need for advancements in vehicle headlights is needed sooner rather than later. While pedestrians are educated to wear light reflective clothing while walking at night to be more conspicuous, cars need better equipment to help drivers avoid pedestrians.

And while so-called autonomous driving vehicles are receiving significant publicity, recent car accidents involving self-driving cars in which pedestrians have been struck and killed shows the deadly limitations of these systems, and the need for greater oversight of the companies which are in a race to be the first to sell such vehicles to consumers. We as Miami personal injury law firm hope that the manufacturers and regulators place pedestrian safety above a rush to be the first to put fully self-driving vehicles on our roadways.

The IIHS studied car accidents which resulted in wrongful deaths of pedestrians so try to ascertain the reasons behind the shocking annual increase. The study confirmed that nearly six thousand pedestrians were killed in car accident in 2016, which was the largest number of pedestrian traffic deaths in thirty years. Incredibly the nearly fifty percent increase in pedestrian traffic deaths is significantly greater than the number of all traffic wrongful deaths over the same period, when that number rose eleven percent.

A predominant factor in the majority of pedestrian traffic deaths is the time of day pedestrians are likely to be hit by a vehicle. The greatest number of car accidents resulting in a pedestrian’s death happened during the evening, when 4,500 pedestrians died during the time period from 2009 through 2016, this was an increase of more than fifty percent. The number of pedestrian deaths during daytime hours was more than two-thirds less, at 1,300.00. With many of the traffic deaths occurring in residential neighborhoods with fewer designated crosswalks, the Institute found that higher speed limits in many municipalities results to more fatalities when a vehicle strikes a pedestrian.

In hopes of turning this deadly tide, the Institute is asking local governments to provide better lighting and more designated crosswalks. They are also reminding pedestrians to take have a greater awareness of their surroundings, but not using their phones to text or surf while walking. Of particular concern, the study found that because the majority of deadly pedestrian accident happen along roadways such as Broward Boulevard or University Driver, rather than highways like US1, that SUVs and pickup trucks are the vehicles most frequently involved in crashes resulting in pedestrian fatalities. Due to the higher front ends of SUVs, they have a greater likelihood impacting a pedestrian in his head and torso, this resulted in an eighty percent rise in the number of SUV and pickup truck related pedestrian deaths.

Even with advances in vehicle technology, including more autonomous driving features, driver distraction, especially on local roadways, can easily result in pedestrian fatalities. Too often those drivers with vehicles that have collision avoidance systems mistakenly believe that that equipment will unfailingly prevent an accident, even if they aren’t paying attention. But, as recent news reports have informed us, many times so-called autopilot systems do not work as expected, resulting in the tragic and unnecessary loss of life. This is precisely why we remind our clients and friends that using a smart phone while driving is anything but smart. We urge everyone to remember that drivers share the roads with pedestrians and to pay attention at all times, rather than relying on a new car’s systems.

The Dangerous by Design study came up with their so-called Pedestrian Danger Index, which is an analytical evaluation of the number of pedestrians who walk to work, and compared it to the number of car accidents in which pedestrians were seriously injured or killed. Nearly 5000 pedestrians were killed in car accidents or truck accidents over the past year, an alarming nationwide rate of 13 wrongful death victims every day. On average, a pedestrian is killed every two hours and injured every seven minutes in a traffic crash. Fourteen percent of all traffic fatalities and an estimated 3 percent of those injured in traffic crashes were pedestrians. To say that the ongoing rise in pedestrian deaths is an epidemic is clearly an understatement. Also of great concern is the fact that although minorities make up only about 1/3^rd of the population, nearly 50% of all pedestrian deaths involve a minority. And as expected, the study confirms that those pedestrians 65 and older are fifty percent more likely to be killed by a car or truck.

While much of the blame for pedestrian wrongful deaths is squarely upon the shoulders of the drivers who hit them, the study found that engineers who are responsible for designing streets and sidewalks are also to blame, as they failed to take adequate preventative safety measures to protect pedestrians. Some of the features roadway designers routinely overlook include, wider medians, which allow pedestrians to safely avoid traffic, if they get stuck in the middle of a roadway; more marked crosswalks; and lowering roadway traffic speeds in areas know to have significant pedestrian traffic.

Pedestrians also need to take more responsibility for their own actions by following some simple rules, including:

• Crossing the street at a designated crosswalk or intersection.
• Increase your visibility at night by wearing reflective clothing.
• If there is no sidewalk available, walk on the shoulder and face traffic
• Avoid distractions such by not using your phone while walking near a road.

We agree with the study’s findings that legislators must pass laws which prioritize pedestrian safety. Such legislative action should include requiring safer more pedestrian friendly roadways, lowering the speed limit in areas in which pedestrians walk or ride bicycles to work, and increasing driver education as to their responsibilities to pedestrians. With increased governance and driver education, roads can become safer for pedestrians. The desire to protect pedestrians is why the Department of Transportation declared pedestrian and bicyclist safety as a top priority for the

Florida’s older roadways, which were not designed for active populations, often times play an integral role in pedestrian accidents. Specifically, pedestrian friendly sidewalks and crosswalks are lacking along many roadways which are shared with cars driving at what used to be considered as highway speeds. Pedestrians seeking to cross roadways usually have to walk great distances to access a crosswalk, often 1000 feet away. While common sense should cause pedestrians to use those crosswalks, most people cross where they are, rather than walking 1000 feet out of their way.

Those of us who live in more westerly cities, which were originally built decades ago when most of the land was agricultural, know that many roads were built without any adjoining sidewalks. Now as the population has shifted towards the suburbs, many residents now confront dangerous roadway conditions on a daily basis. The Florida Department of Transportation has begun to address our outdated roadways but taking efforts to reduce driver speeds, such as by making narrower vehicle lanes and placing trees closer to the roadways.

Pedestrian centric cities take great efforts to make roadways safer for pedestrians to cross, by limiting the width of residential streets to 25 feet, allowing pedestrians a greater opportunity to avoid traffic. Other roadway design decisions which those cities have implemented include making all intersections more difficult for divers to make fast turns, and re-timing crosswalk signals to allow pedestrians more time to cross before vehicles can drive.

While it remains true that pedestrians and motorists need to act properly to keep themselves safe, many times the fault for a pedestrian accident can be the road itself.

Last year over 5,300 pedestrians died after being struck by a car or truck, an increase of more than 500 from the prior year. This increase was greater than the percentage of all traffic/driver or passenger fatalities, which rose just more than seven percent. Incredibly, Fort Lauderdale was the 6^th most dangerous city for pedestrian deaths. This rise in roadway wrongful deaths reversed an almost 10 year drop in the number of annual traffic related fatalities. In fact, 2014 saw a nearly 10,000 drop in deaths from just 8 years earlier. The rise in pedestrian deaths tied in with a similar rise in wrongful deaths of motorcycle and bicycle riders, of almost five percent over the past 10 years.

While government sponsored safety efforts and rapid increase in vehicle accident prevention technology, have had a beneficial effect upon vehicle occupants, by increasing seat-belt use and lowering the rate of drunk drivers, the same advances and efforts have ignored pedestrian safety.

With the economy continues to improve, the number of vehicles on the roadway, and the number of miles being driven are also on the rise; with last year showing more than a 3% increase in miles driven over the prior year.

The NHTSA has finally begun to focus on why pedestrian fatalities are increasing at a rate greater than other car accident related deaths. As the early data for next year’s study has already come in, and is showing another 10 percent rise in pedestrian fatalities, Fort Lauderdale car accident lawyer Joseph Lipsky hopes the NHTSA and the cities of Fort Lauderdale, in particular, begin working sooner rather than later in installing pedestrian cross walks, waiting areas and extending the time pedestrians have to cross roadways.

Google’s invention is essentially a strong adhesive type tape which will be placed on the front/hood of their vehicles. In the event of a car vs. pedestrian accident, the tape would “hold” the pedestrian onto the hood of the vehicle, preventing them from falling to the roadway. As many of the injuries pedestrians suffer after being hit by a car happen when that person is thrown onto the road after being hit by a car, the thought is the tape will help stop the so-called secondary impact.

The inventors envision the tape being covered by some type of shell which will break open upon impact with a pedestrian, but will keep the tape protected from road debris such as dirt and bugs.

While other manufacturers have attempted to develop pedestrian injury protection, including front exterior airbags and 360 degree radar self-braking detection, Google’s system may be one of the first to also try to prevent the secondary impact. Of course, there may be unintended negative consequences from having a pedestrian glued to the hood of your car, including a loss of vision which may cause another crash.

Florida personal injury attorney Joseph Lipsky commends Google and all cutting edge manufacturers with their efforts to remember that safety should remain a major concern when pursuing advanced technology.

The study estimates that there is a 10% increase in the number of pedestrians wrongful deaths in 2015, in comparison to 2014. Pedestrian wrongful deaths have risen at a steady rate of thirteen percent annually since 2005. Incredibly, Florida is one of four states which account for over forty percent of all pedestrian vs motor vehicle deaths, the other states are California, Texas and New York.

The number of pedestrian fatalities continues to rise despite the ongoing efforts of states to use technological innovations, increased law enforcement and more pedestrian education. Of course, a decrease in cell phone use by pedestrians would certainly help decrease such deaths.

Not surprisingly, alcohol use, including drunk driving and intoxicated pedestrians not paying attention to their surroundings, continues to play a role in over half of pedestrian/motor vehicle wrongful deaths.

Of the most prevalent attempts to reduce pedestrian fatalities, some of the increasingly more frequently used methods include: pedestrian islands, roadway overpasses and increased usage of traffic signals. Miami Personal Injury Attorney Joseph Lipsky only hopes that our local governments have the foresight to begin implementing these life saving roadway changes sooner rather than later.

Our roads in Miami and Fort Lauderdale continually make the dubious list of the American’s most dangerous roads for pedestrians. A recent report listed the Palm Beach, Broward, Miami tri-county area as our country’s 4th most dangerous area for pedestrians accidents, with nearly three times the national average for car accidents with pedestrians.

The report also showed that with similar pedestrian dangers in Orlando, Tampa and Jacksonville, that Florida is the most dangerous state for pedestrians. Not surprisingly, elderly and young children are involved in the majority of pedestrian car accidents. And of that group, the elderly are the victims of more wrongful deaths due primarily to their fragility. Despite these know findings, Miami’s own public works department found that through Miami Dade County, higher curbs, mis-leved sidewalks and the lack of crosswalks are a prevalent problem for our ever increasing elderly population.

Recommendations to lessen pedestrian involved car accidents include: ▪ Reducing speed limits along roads known to have a high amount of pedestrians; ▪ Widening sidewalks and bike lanes; ▪ Installing more crosswalks along longer blocks; ▪ Building larger medians for pedestrians use while cross wide roads; ▪ Improving crosswalk markings, including adding lighted crosswalks; ▪ Installing more overpasses across wide and busy roads.

Sadly, a review of past years wrongful deaths demonstrates that a pedestrian is almost twice as likely to die while walking on New Year’s Day compared to an ordinary non-holiday day. Most of the drunk pedestrian accidents happen when someone attempts to cross an intersection against a stop light, or when they unknowingly jay-walk.

As South Floridians venture out on foot during this holiday season, thinking it is safer than driving, it is important to remember that while wearing basic black looks cool, brighter colored clothes may actually help prevent you from being the victim of a crash. Other common sense suggestions including, walking in a group rather than alone. Of course, taking a cab or using the services of a private riding sharing company can help keep you out of harm’s way.

Regardless of how you intend on celebrating the holiday season, Fort Lauderdale Personal Injury Lawyer Joseph Lipsky reminds you it’s okay to have fun, so long as you think about how you’re getting to and from your parties before you actually begin to party.

While injuries from other gifts, including pretend guns, are also on the rise, injuries caused by falls from these scooters are the most often cited cause of injury. In fact, the number of emergency room visits due to such child toy injuries is almost 200,000 annually. The Consumer Product Safety Commission’s annual report demonstrated that there were over fifty two thousand personal injuries, and sadly one wrongful death, due to scooter related accidents last year.

Due to the steady rise in toy related accidents, especially fractured wrists, there is a renewed push to remind parents and children that wearing a helmet and using wrist guards while riding on a scooter or skateboard should be a requirement. Considering there were more than a quarter million bicycle accident related injuries, helmet use while riding should also be mandatory for children. Also, parents should resist the urge to buy age inappropriate gifts for their children. While we want to see our kids have fun, it is important to make sure that they are both physically and mentally ready for the types of dangerous situations which may arise while using kick scooters.

Personal injury attorney Joseph Lipsky wishes his fellow Floridians and their children a safe holiday season and urges everyone to make sure helmet use is mandatory.

Remember, even a slight increase in a car’s speed can have deadly results. In fact, a car going thirty miles per hour is twice as likely to cause a deadly accident as a vehicle traveling 5 M.P.H. slower. And under any circumstances, a brief moment of taking your eyes off the road, acting like a distracted driver to read a text or look at a home’s decorations, can result in a deadly car accident. Considering many costumes are dark colored, drivers need to be particularly attentive in watching out for young trick or treaters.

As for our children, parents should give all kids some sort of light, even a glow stick, to carry as a way of making themselves seen to approaching traffic. Some basic common sense safety precautions and extra attention by drivers can make sure Halloween remains a fun and safe day.

And, while the officials at FDOT acknowledge the severity of this issue, they have yet to implement any roadway design changes which will make it safe for pedestrians. Sadly, over 47,000 pedestrians were the victims of wrongful death due to being struck by a car over the past decade. And throughout Miami and Fort Lauderdale, there were over 1,500 pedestrian versus vehicle deaths over the same time period.

The study developed a calculation they refer to as the danger index, which compares the probability of a pedestrian being struck by a motor vehicle, as determined by state records, against the number of respondents. While South Florida’s numbers are partially skewed due to our elderly population, given their delayed reaction skills, the prevalence of high speed roads in known pedestrian areas do not help prevent deadly car accidents.

Some of the suggestions to reduce these needless deaths and injuries include building more crosswalks with wider protected sidewalks. Additionally, the Florida Department of Transportation is also trying to identify areas where pedestrians are more prone to being involved in an accident with a car, and is attempting to lower speeds and restrict right hand turns in those areas.

Having helped too many families who have had to endure the pain of losing a loved one who was struck by a car, personal injury attorney Joseph Lipsky encourages our local governments to expedite roadway design changes.

Some of the expected roadway improvements will include wider pedestrian and bike lanes, and open medians. According to the recently enacted rules, roads in Broward County will be constructed “to enable safe, convenient, and comfortable travel and access for users of all ages and abilities, regardless of their mode of transportation.” This needed trend toward protecting pedestrians follows similarly implemented rules by the Town of Davie and the cities of Sunrise, Pembroke Pines and Hollywood.

In order to facilitate wider bike lanes, car lanes will be narrowed, thereby providing bicyclists with an additional 3 feet of protection. Wider roadway medians will give pedestrians a safe place to wait for traffic to pass, if they are unable to fully cross a street before a light changes color.

Fort Lauderdale car accident attorney Joseph Lipsky certainly believes, that given the active South Florida community, in which many of our fellow residents enjoy walking and bike riding, that these roadway design changes will reduce the number of deadly car versus pedestrian and cyclist accidents.

Our first answer is always the same, use a sidewalk or path when they are available. Staying out of the road is always the best and safest practice to avoid being the victim of an accident. In fact, a police officer can write you a citation for failing to use an available sidewalk, pursuant to Florida Statute section 316.130, which specifically states “where sidewalks are provided, no pedestrian shall, unless required by the circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.”

And when there is no safe walkway, you should always run or walk, facing traffic, and you will be acting safer and within the law. Exercising while facing traffic gives you the best opportunity to see whatever danger may be approaching, and is the only legal way to walk or run along a street. In fact, Florida Statutes codify that walking facing oncoming traffic is the only legal way a pedestrian may walk along a roadway. Florida Statute Section 316.130(4) requires pedestrians and runners to use the shoulder on the left side of the road in relation to the direction they are moving, so they are facing traffic approaching from the opposite direction.

In addition to using the proper side of the roadway, we urge pedestrians, runners and cyclists to leave their music at home. When you are in a potentially dangerous situation, which is what you are in when you are in close proximity to vehicle traffic, it is always best to be fully alert and aware of your surroundings. Using your common sense, and moving against traffic can help prevent you from being injured in an accident.