Halloween is a Scary Night for Pedestrian Accidents

October 29, 2021

Halloween is a celebration that is fun for all ages. Pumpkins, costumes, scarecrows, skeletons, and homemade ghosts decorate the neighborhoods while families make memories to last for a lifetime. Unfortunately, Halloween activities can result in personal injury and tragedy, as the holiday is inherently dangerous on the roadways. There are multitudes of trick-or-treaters during the twilight and night hours, resulting in heightened accidents and fatalities. According to Safe Kids Worldwide and the National Safety Council, there are twice as many pedestrian child fatalities from motor vehicle accidents on Halloween night than on any other day of the year. Sadly, a child being struck by a motor vehicle is a devastating but preventable occurrence.

Common reasons for motor vehicles versus pedestrians’ accidents on Halloween are reduced visibility at night and trick-or-treaters or adults darting into the roadways unpredictably. Drivers attending Halloween-themed parties are often impaired from alcohol consumption or drug usage and are at fault in an accident. Trucks and SUVs have visual limitations, making them hazardous to pedestrians, especially small children.

Safety Tips for Trick-or-Treating:

Trick-or-Treating is safest during daylight hours.
Parents should be extra vigilant and supervise all Halloween activities of their children.
Incorporate lights and reflective tape on costumes.
Adults and children should carry glow sticks or flashlights.
Cross roadways only at corners or crosswalks.
Choose face paint instead of full-face masks, as masks can limit vision.
Prevent trips and falls by making sure costumes are the correct size.

Safety Tips for Drivers:

BE ALERT! Drivers have a duty to provide reasonable care when operating a vehicle to prevent injuries to others or damage to properties.
Stay focused on the road and drive with hypervigilance on Halloween night.
Enter and exit roadways and driveways slowly and with extreme caution.
Use headlights earlier in the day for improved visibility.
Many fatalities on Halloween involve drivers under the influence of alcohol or drugs. Do not drink or use drugs and get behind the wheel. Call for an Uber, Lyft, taxi, or use public transportation.
Do not be distracted from driving with electronic devices, radios, food, or talking to passengers.
Keep the radio low so that you can hear trick-or-treaters in the vicinity.

According to Florida Statute 316.130(15):

“…every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any confused or incapacitated person.”

In Florida, a driver who injures or kills a pedestrian may face a personal injury lawsuit filed by the injured party or the family for minors with injuries or wrongful death. In some circumstances, the driver may face criminal charges. If you or a loved one is involved in a pedestrian accident, the costs of medical treatment can be devastating, as the injuries sustained can be catastrophic. Immediately after seeking medical treatment, it is crucial to contact an experienced personal injury attorney. Insurance companies and defense attorneys often try to minimize or shift liability to the victim using comparative negligence.

Get the Compensation You Need

Attorneys William Allen and Gregory Abaray have extensive experience in personal injury law for motor vehicle accidents and insurance disputes. In addition, we offer focused representation for clientele charged with criminal offenses. Our legal team conducts a thorough investigation, analyzing medical records, police accident reports, traffic camera footage, and witnesses’ interviews for each case. We aggressively negotiate with the at-fault party’s insurance company and are always prepared to take a case to trial. With decades of experience as trial lawyers, we have proven results for victims in similar situations. When represented by Allen & Abaray, you can be confident that your interests are well represented.

At The Law Offices of Allen & Abaray, we want every child and family to enjoy the upcoming Halloween festivities safely. However, we know that accidents do happen. Let Allen & Abaray be your voice if you or a loved one is involved in an accident this Halloween. Schedule a free, no-obligation consultation at our Lakeland, Florida office at 863-669-9999. We represent clients throughout Polk, Hillsborough, Osceola, and Lake Counties, Florida.