Who Is Liable After a Halloween Pedestrian Accident in Florida?

Summary

Liability after a Halloween pedestrian accident in Florida depends on how the collision happened. A negligent driver may be responsible, but a rideshare company, commercial vehicle owner, employer, property owner, business, or government entity may also become part of the investigation when the facts support a claim against that party.

Florida law also allows fault to be divided among responsible parties. A pedestrian can share fault in some cases, but being outside a marked crosswalk does not automatically make the pedestrian entirely responsible.

Halloween can create changing road conditions in Hillsborough County and nearby Florida communities. Children and families may be walking after dark, vehicles may enter unfamiliar neighborhoods, parked cars can limit sightlines, and temporary events can increase traffic around parking lots and residential streets.

Serrano Law helps injured pedestrians investigate how a collision occurred, identify potentially responsible parties, review available insurance coverage, and understand the legal options that may apply.

Halloween conditions can change quickly after a crash. Photos, video, witness information, and other evidence may be easier to preserve when action is taken promptly.

For more information about Florida pedestrian injury claims, visit:

https://mikeserranolaw.com/2020/10/02/florida-pedestrian-accident-guide/

Why Halloween Pedestrian Accidents Can Be Different

Halloween can place more pedestrians and vehicles in the same areas at the same time. Residential neighborhoods, apartment communities, shopping centers, parking lots, churches, schools, and event areas may all experience heavier pedestrian activity.

Children may move between homes in groups. Parents may be supervising several children at once. Drivers may stop frequently to drop off passengers, look for addresses, or travel through streets they do not normally use. Costumes, parked vehicles, decorations, darkness, and temporary traffic patterns can also affect visibility.

These conditions do not automatically determine fault. They can affect what reasonable care requires from everyone involved.

Florida Statute 316.130 requires drivers to exercise due care to avoid colliding with pedestrians. The statute also requires drivers to take proper precautions when they observe a child or an obviously confused or incapacitated person. Pedestrians also have duties under Florida traffic laws, including rules governing traffic signals, crosswalks, and roadway crossings.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Attorney

Molli Gard, ESQ.

Attorney

When Is a Driver Liable for Hitting a Pedestrian?

A driver is often one of the first people investigated after a pedestrian collision.

A driver may be negligent when the evidence shows that the driver failed to use reasonable care under the circumstances. Examples can include:

• Speeding or traveling too fast for the surrounding conditions

• Failing to yield when Florida law requires it

• Turning without checking for pedestrians

• Looking at a phone or another distraction

• Driving while impaired

• Backing from a driveway or parking space without keeping a proper lookout

• Failing to reduce speed when pedestrian activity is clearly visible

• Ignoring traffic signals or signs

Consider a driver traveling through a Hillsborough County neighborhood on Halloween evening. Families are walking near the roadway, children are approaching intersections, and parked vehicles are limiting visibility. If the driver continues at an unsafe speed or fails to watch for pedestrians and strikes someone, those surrounding conditions may be relevant when determining whether the driver acted reasonably.

The investigation can include the driver’s speed, braking, visibility, phone activity, statements, vehicle damage, and the location of the pedestrian before impact.

Can a Pedestrian Be Partly Responsible for a Halloween Accident?

Yes. Florida law can divide responsibility among more than one person.

Pedestrians must follow applicable traffic signals and roadway rules. Depending on the location of the collision, an investigation may consider whether a pedestrian crossed against a traffic signal, entered the roadway unexpectedly, crossed between intersections where crossing was restricted, or failed to yield when crossing outside a crosswalk.

Florida Statute 768.81 applies a modified comparative fault rule to negligence actions covered by the statute. A person’s economic and noneconomic damages can be reduced according to that person’s percentage of fault. A party found to be greater than 50 percent at fault for his or her own harm generally cannot recover damages in a negligence action subject to that statute.

For example, assume a pedestrian crosses outside a marked crosswalk while a driver is speeding and looking at a phone. The pedestrian’s conduct does not automatically eliminate the driver’s potential responsibility. The evidence may support assigning a percentage of fault to more than one person.

For that reason, the statement that a pedestrian was outside a crosswalk does not, by itself, resolve every liability question.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Could an Uber, Lyft, Delivery, or Commercial Driver Be Responsible?

Halloween parties, events, and gatherings can increase rideshare, delivery, shuttle, and other commercial traffic.

If a rideshare or commercial driver strikes a pedestrian, the investigation may involve more than the driver’s personal automobile insurance.

Potentially relevant parties or insurance coverage can include:

• The individual driver

• A transportation network company insurance policy

• A commercial vehicle owner

• An employer when an employee was acting within the scope of employment

• A delivery or transportation business

• Another business responsible for the vehicle or trip

For a transportation network company driver, the driver’s status at the time of the collision can affect available insurance. Florida law imposes different insurance requirements when a driver is logged into a transportation network company network but has not accepted a ride and when the driver is engaged in a prearranged ride.

Electronic application records, trip records, vehicle ownership information, employment records, contracts, and insurance policies may help determine which coverage applies.

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When Could a Property Owner or Business Share Liability?

Not every Halloween pedestrian accident occurs on a public street.

A pedestrian may be struck in an apartment complex, shopping center parking lot, church parking area, private event space, or another property where pedestrian and vehicle traffic overlap.

Depending on the facts, a property owner, property manager, business, or event operator may become part of the liability investigation when a dangerous property condition or negligent traffic arrangement contributed to the collision.

Potential issues can include:

• Inadequate lighting in an area used by pedestrians

• Obstructed sightlines near a driveway or crossing point

• Temporary traffic patterns that created an unsafe conflict between vehicles and pedestrians

• Unsafe parking arrangements

• A known dangerous condition that was not reasonably addressed

Poor lighting or a crowded parking lot does not automatically make a property owner liable. A claim generally requires evidence connecting negligent conduct or a dangerous condition to the pedestrian’s injury.

Relevant evidence may include surveillance video, photographs, maintenance records, property layouts, event plans, contracts, prior incident information, and witness statements.

What If the Accident Happens Near a Public Event or Government Property?

Halloween pedestrian accidents can also occur near public festivals, schools, parks, government buildings, or government-controlled roads.

When a state agency, county, city, or another government entity may be responsible, special rules can apply. Florida Statute 768.28 governs many tort claims against the state and its agencies or subdivisions and includes notice and procedural requirements that differ from ordinary claims against private parties.

Responsibility can depend on who controlled the location, who created or maintained the condition, whether the condition was dangerous, and whether the responsible entity had legally sufficient notice.

Because claims involving government entities can involve additional procedures and deadlines, identifying the potentially responsible entity early can matter.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniation in her neck and new disc herniation in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniation in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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What Evidence Can Help Establish Fault?

A Halloween accident scene may look very different only a few hours later. Vehicles move, decorations are removed, temporary barriers disappear, and witnesses leave the area. Doorbell and surveillance recordings may also be overwritten.

Evidence that may help establish liability includes:

• Police crash reports

• Photographs and video of the roadway or property

• Doorbell camera recordings

• Business or residential surveillance video

• Vehicle dash camera footage

• Eyewitness names and contact information

• Vehicle damage photographs

• Traffic signal and roadway information

• Cell phone records when distraction is at issue

• Rideshare or delivery application records

• Event traffic plans and parking instructions

• Property maintenance records

• Medical records documenting accident-related injuries

Photographs taken soon after the collision may capture lighting, parked vehicles, decorations, visual obstructions, road markings, crosswalks, and other conditions that later change.

For more information about beginning a Florida injury claim, visit:

https://mikeserranolaw.com/2022/05/30/what-to-do-when-filing-a-personal-injury-claim/

Can PIP Apply When a Pedestrian Is Hit by a Vehicle?

Personal injury protection coverage can be relevant after some Florida pedestrian accidents.

Florida Statute 627.736 provides PIP benefits in qualifying circumstances to certain people struck by a motor vehicle while they are not occupying a self-propelled vehicle. Which policy is responsible and whether a particular person qualifies can depend on the person’s own insurance, household circumstances, vehicle ownership, and the facts of the collision.

Florida PIP medical benefits also contain a 14-day initial-treatment requirement. Because insurance priority and eligibility can become fact-specific, an injured pedestrian should not assume that the at-fault driver’s liability insurer is the only possible source of coverage.

What Compensation May Be Available After a Pedestrian Accident?

A pedestrian injury claim can involve both economic and noneconomic losses when the law allows them.

Depending on the circumstances, recoverable losses may include:

• Past medical expenses

• Future medical treatment

• Lost wages

• Reduced future earning capacity

• Pain and suffering

• Disability or physical limitations

• Other accident-related economic and noneconomic damages

There is no standard settlement amount for a Halloween pedestrian accident. The value of a claim depends on the evidence, the nature and extent of the injuries, available insurance coverage, comparative fault, medical treatment, future care, lost income, and the effect of the injuries on the person’s life.

For more information about personal injury cases in Hillsborough County, visit:

https://mikeserranolaw.com/hillsborough-county-personal-injury-lawyers/

How Long Do You Have to File a Florida Pedestrian Accident Lawsuit?

Florida Statute 95.11 generally provides a two-year limitations period for an action founded on negligence. Different rules can apply depending on the date and facts of the accident, the type of claim, and the identity of the defendant.

Claims involving a government entity can also involve separate notice requirements. Insurance policies may impose other deadlines that are different from the deadline for filing a lawsuit.

Waiting can also affect evidence even when the legal filing period has not expired. Video can be overwritten, witnesses can become harder to locate, and temporary Halloween traffic conditions can disappear.

How Can a Florida Pedestrian Accident Lawyer Help?

Determining who struck the pedestrian may be only the beginning of the investigation.

A pedestrian accident lawyer can review how the collision occurred, identify potentially responsible parties, request evidence, evaluate insurance coverage, communicate with insurers, and assess whether another person, business, or entity may share responsibility.

An investigation may address:

• The driver’s speed and actions

• The pedestrian’s location and direction of travel

• Traffic signals and crosswalk markings

• Lighting and visibility

• Driver distraction or impairment

• Vehicle ownership

• Rideshare or commercial activity

• Property conditions

• Event traffic controls

• Available insurance policies

• Allegations of comparative fault

Insurance companies may focus heavily on the pedestrian’s actions, particularly when the collision occurred outside a marked crosswalk. A complete investigation should also examine what the driver could see, how fast the vehicle was traveling, whether the driver was paying attention, and whether reasonable precautions could have prevented the collision.

Learn more about Serrano Law’s pedestrian accident practice:

https://mikeserranolaw.com/hillsborough-county-pedestrian-accident-lawyers/

Speak With Serrano Law About a Florida Halloween Pedestrian Accident

If you or a family member was injured in a Halloween pedestrian accident in Florida, Serrano Law can review the circumstances, available evidence, insurance coverage, and liability issues that may apply.

Serrano Law offers free consultations and represents injured people in Hillsborough County and nearby Florida communities. The firm can help you understand the next steps without assuming that one person or one insurance policy is the only possible source of responsibility.

Call Serrano Law today.

Request a consultation:

https://mikeserranolaw.com/contact/

Learn more about attorney Michael A. Serrano:

https://mikeserranolaw.com/michael-serrano/

This article is for informational purposes only and is not legal advice. Every case is different. Consult an attorney about your specific situation.