When you’re crossing at a crosswalk, all it takes is one inattentive driver to cause a devastating accident that lands you in the hospital with more medical bills than you can count. In an area where you should feel safe to cross the street, some drivers make the roadways dangerous for all pedestrians.
For parents, this is extremely distressing when they have children walking to and from school. Speeders in school zones have been known to not watch their surroundings closely and blow right through crosswalks where children are crossing. Sometimes, not even a crossing guard can stop a negligent driver.
At Neufeld, Kleinberg & Pinkiert, PA, we know how devastating a crosswalk accident can be for pedestrians and their families. That’s why we’re committed to bringing these negligent drivers to justice and getting compensation for our clients. If you’ve been involved in a crosswalk accident, don’t hesitate to file a personal injury lawsuit and receive the compensation you deserve.
At crosswalks, pedestrians have the legal right-of-way. This means that all drivers should be yielding to pedestrians at crosswalks. Florida Statute 316.130 outlines all traffic laws regarding pedestrian traffic, but here’s a quick breakdown of the sections concerned with crosswalks:
The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yielding, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Even though pedestrians do have the right-of-way, drivers do not always stop, especially if they’re distracted. To safely cross even at crosswalks, pedestrians are encouraged to look left, right, and then left again to make sure no vehicles are coming. If it appears that a driver is not stopping, pedestrians should try to make eye contact. If no eye contact is made, pedestrians may want to wait before crossing the road.
In most crosswalk accidents, victims must prove that the driver was acting in a negligent manner, which directly led to the accident. This is called the legal theory of negligence, and to prove it, a victim must show that:
Drivers owe pedestrians a duty – a legal obligation – to drive safely and with reasonable care, especially in school zones. Did the driver owe a duty to the victim? Florida Statute 360.130 outlines what is expected of drivers and pedestrians
The driver did not act responsibly and violated the legal duty.
The plaintiff must prove that the driver’s direct actions led to his or her injuries.
Plaintiffs must be able to put a dollar amount on their injuries, meaning medical bills, future medical bills, and lost wages.
If you or a loved one was injured in a crosswalk accident, it is crucial that you contact an experienced personal injury attorney to learn more about your options for monetary recovery. Often, you can receive compensation for lost wages, medical bills, and pain and suffering. We will guide you through the car-accident legal process every step of the way.
Met with Robert after I had a car accident in Pembroke Pines. Very nice man. Nice staff who answered my questions and got a good settlement.
Great lawyers, great attention to detail, great trial strategies. I am a trial consultant who has worked with the top attorneys in the United States. NKP are the best of the best.
Amy Singer, Ph.D, Trial Consultant
Neufeld, Kleinberg & Pinkiert, PA handled my case against Uber for me and got me a great settlement after I was involved in an accident. They handled all of the negotiations with my doctors and with the other lawyers to get me the best deal possible. I definitely recommend their services!
Daniella Di Prizio
The attorneys at Neufeld, Kleinberg & Pinkiert have over a combined 90 years of experience under their belts, and they know the law backward and forwards. Your case will always be treated as a high-priority, and you can expect real results.Get Consultation
All Consultations Are Free of Charge
While we are proud to call Miami and Aventura home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.
We are here to help the residents of:
Does Uber Have Insurance? The short answer is yes, but the coverage can be confusing. Here is what you need to know if you get in an Uber accident. Florida's mandatory no-fault insurance requirements impact the exact steps you need to take after an Uber accident.
October 5, 2021
If an insurance company claims you are at-fault for a car accident, but the evidence says otherwise, you can still pursue a personal injury claim. It is important to note that, regardless of which scenario best reflects your case, your ability to file a claim relies on what the evidence says and what can be proven in court far more than it relies on what the
October 5, 2021
The good news is that you can still win your personal injury case with a pre-existing injury, but it might be a little more complicated. If you were injured in an incident where another party is at fault, such as a car accident, a slip-and-fall accident, or a case of medical malpractice, you deserve compensation for your injuries.
August 14, 2021
Boating can be one of the most enjoyable activities in Florida. However, what is your recourse if you or a loved one is hurt due to a negligent boating accident? Our team of experienced attorneys can help you receive compensation from a negligent boater to assist with medical bills or property damage. Here are the most common types of boating injuries, what
June 8, 2021
It's incredibly disappointing to find out that a major purchase like a car has a substantial flaw or defect. When that flaw or defect impacts the mechanical function of the vehicle, it can be a lot more than disappointing — it can be deadly. Product liability and lemon law are two areas of the law that help protect consumers from manufacturing issues that re
May 20, 2021
Car accidents can be difficult situations to endure. In many circumstances, these accidents often bring about physical and mental trauma. In fact, motor vehicle accidents are the leading cause of post-traumatic stress disorder (PTSD) in the general population.
April 8, 2021