Florida Personal Injury Lawyers Blog

As the 2023-24 school year begins, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and AAA advise drivers to be cautious around schools and buses.

With the start of the new school year, approximately 2.8 million children in Florida are heading to their classrooms, and the combination of young, inexperienced drivers, walkers, and bicyclists who will all share the road in the early morning and afternoon hours is especially perilous, according to AAA.

In 2021, 64% of child pedestrians killed in automobile accidents happened during the week from 6 a.m. Monday to 6 p.m. Friday, according to the National Highway Traffic Safety Administration (NHTSA). 

According to AAA, nearly one in every four fatal collisions involving teen drivers in the United States occur between the hours of 3 p.m. and 7 p.m.

According to the FLHSMV, about 3,000 crashes involving school buses occurred in 2022.

According to a recent AAA poll, 38% of drivers acknowledged to speeding and 31% admitting to using a hand-held cell phone in active school zones.

According to the FLHSMV, vehicles must pay special attention to lower speed limits, watch for, and follow school crossing guard signals, and only drive or park in permitted places to pick up or drop off children at school. Parents are also asked to discuss safety precautions with their children to ensure their children’s safety near school buses and school zones.

If you are caught by police passing a stopped school bus in Florida (this means the bus has its red lights flashing and STOP arms raised), you can receive a mandatory requirement to take a basic driver improvement course, four points on your license, and at least a fine of $165. Passing on the side where children enter and exit will result in a minimum fine of $265.

If a driver passes a school bus and causes serious bodily harm or death to another person in Florida, the penalties are steep, including 120 hours of community service in a trauma-type hospital setting, attendance at a driver improvement course or be present at a victim’s impact panel session, six points on your driver’s license, a one-year license suspension, and a $1,500 fine.

Our Florida Pedestrian Accident Lawyers Whittel & Melton want everyone to head back to school safely this year. Here are a few tips we have compiled that we hope serve as a reminder to you and your loved ones about the importance of pedestrian, bicyclist, and motorist safety.

• If your child takes the bus to school, they should arrive early and stand away from the curb while waiting for the bus to come.
• Students should only enter the bus once it has come to a complete stop and the driver or attendant has indicated that it is safe to do so. They should only board their bus, never another.
• Cross at the intersection, respect traffic lights, and stay in the crosswalk.
• Never dart into the street or attempt to cross between parked cars.
• If children are driven to school in a car, seat belts are a must and children under the age of 13 should ride in the back seat. Younger kids should be placed in the proper fitting car seats and booster seats.
• If a teen drives to school, stress the importance of always buckling up. Just like other drivers, there should be no texting or talking on the phone while driving as well as no eating or drinking when behind the wheel.
• Some children ride their bicycles to school. They should always wear a helmet and ride on the right side of the road, in the same direction as traffic.
• When heading to school, children should only cross the street at an intersection and take a route where crossing guards have been set up by the school.
• Parents should take small children to school, as well as children who are traveling new routes or attending new schools, for at least the first week to ensure that they know how to get there safely. A buddy system with other classmates/parents is an excellent option.
• Parents of younger children, especially those who are incoming Kindergarteners, should practice with their child so that they memorize their phone number, address, how to contact their parents at work, how to contact another trusted adult like a neighbor or other family friend nearby, and how to dial 911. Teach kids not to approach strangers or accept rides from people they do not know.

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According to new data from the Governors Highway Safety Association, 2022 was the deadliest year for pedestrians in the United States in the last 40 years.

Last year, almost 7,500 pedestrians were killed on American highways, the highest amount since 1981. Florida ended up being the third deadliest state. New Mexico took the top spot followed by Arizona.

Florida pedestrian death numbers were reported as:

2019: 745 pedestrian deaths

2020: 716 deaths

2021: 833 deaths

2022: 824 deaths

Driver Safety Tips to Prevent Pedestrian Accidents

There are numerous things you can do as a driver to assist reduce the number of pedestrian accidents.

• Always keep an eye out for pedestrians.
• In adverse weather, use extreme caution.
• Take special precautions at night, when visibility of pedestrian traffic is reduced.
• When turning or passing through a crosswalk, proceed slowly.
• When pedestrians have the right of way, yield to them.
• Never pass a stopped car at a crossing. There may be pedestrians in the crosswalk who you cannot see.
• Always observe the speed limit, especially in school zones and residential areas where children may be present.
• When backing up, use caution. Check all your mirrors and blind spots for pedestrians.
• Never operate a motor vehicle while under the influence of drugs or alcohol.
• Avoid driving while you are fatigued. Driving when drowsy is exceedingly risky and can cause injury to other drivers as well as pedestrians and bikers.
• Avoid driving while distracted. Texting, talking on the phone, eating, and drinking, adjusting the radio or GPS, or anything else that draws your concentration away from the road is prohibited.

Pedestrian, Biker, and Scooter Rider Safety Tips

There are several things you may do while walking in Florida, or even riding a bike or scooter, to reduce your chances of being involved in a motor vehicle collision.

• Wear bright colors or reflective clothing or safety gear composed of reflective materials.
• Follow the traffic laws and do not jaywalk.
• Use sidewalks wherever possible. They are the safest places to walk if they are available.
• If there is no sidewalk, walk facing traffic.
• Keep as far away from the traffic as possible.
• Distracting electronic devices should not be used when walking amongst traffic, or riding a bike or scooter.
• Use crosswalks whenever you cross the roadway. If there are no crosswalks, consider crossing at an intersection. While it may be tempting to cross in the middle of the street, this is where many injuries occur.
• Always look both ways before crossing the street. Continue checking both ways until you are safely across the street. If there is no crosswalk or intersection, cross in a well-lit location.
• If possible, make eye contact with drivers to ensure that they see you.
• Be cautious when strolling near driveways or parking lots. Cars could be turning or backing up.
• Avoid drugs or alcohol that impair your judgment. This includes both prescription and over-the-counter drugs. Make sure to thoroughly read labels to be informed of any potential adverse effects.
• While walking, biking, or riding a scooter, avoid texting, looking things up online, or using social media on your phone. Being distracted by your phone may prevent you from noticing a dangerous obstruction or a vehicle that is about to collide with you.
• Turn off your headphones or remove them before crossing the street.
• Teach children to be cautious and to look both ways before crossing the street. Make it clear to children that they should always cross the street with an adult. Set a positive example for your children by turning off your phone, headphones, and other electronics while you are near a car.

Even if you take every care possible, a pedestrian accident can still occur. We invite you to evaluate the pedestrian safety guidelines we have provided here and to educate others about the dangers that Florida pedestrians encounter. Everyone can help to reduce pedestrian collisions with motor vehicles. Continue reading