If a driver hits a trick-or-treater or other pedestrian on Halloween, Florida law generally lets the injured person, or a family after a death, pursue a claim against a negligent driver. The Perazzo Law Firm has learned, according to WFTV, that Florida recorded 103 traffic deaths on Halloween dates over a decade. Our pedestrian accident lawyer page explains how these claims work, and you can reach the firm at 888-PERAZZO.
What the Halloween Crash Data Shows
The Perazzo Law Firm has learned, according to WFTV, that an Allen Law Firm analysis of NHTSA’s Fatality Analysis Reporting System found 97 fatal crashes and 103 deaths in Florida on Oct. 31 of each year from 2015 through 2024.
- Comparison: according to WFTV, Florida averaged 9.7 fatal crashes per Halloween, against 8.42 per day for Oct. 1 through Oct. 30 in the same years, which is 15.2% higher.
- Counties: WFTV reports Broward and Miami-Dade each recorded 11 Halloween fatal crashes, and Orange recorded six.
Read the numbers with care. WFTV notes the comparison does not account for traffic volume or day of the week, and it does not show that any one person’s risk rose by 15.2%. It covers the whole calendar day and all fatal crashes, not only those involving pedestrians, children, or alcohol. Deaths count if they occur within 30 days, and the 2024 data is subject to revision.
Safety Steps for Drivers and Families
WFTV relays NHTSA’s guidance for the holiday:
- Drivers: expect more pedestrians and people crossing in unexpected places, slow down in neighborhoods, keep phones away, and check carefully before turning or backing out of driveways.
- Families on foot: use sidewalks and crossings, carry flashlights, and wear reflective materials.
- Anyone who may drink: arrange a sober ride in advance.
What Florida Law Says if a Pedestrian Is Hit
A driver who injures a pedestrian can face a negligence claim. Under Fla. Stat. § 316.130, Florida’s pedestrian rules, drivers generally must yield to pedestrians in marked crosswalks in the circumstances the statute describes. How the statute applies depends on the facts of each crash.
Deadlines matter. For negligence actions, Fla. Stat. § 95.11(5) generally sets a 2-year limit for negligence claims. Wrongful death claims fall under the same section and are also generally subject to a 2-year limit.
When a death is involved, the Florida Wrongful Death Act (Fla. Stat. §§ 768.16 to 768.26) allows a claim when a death results from another party’s negligence, as § 768.19 provides. The action is generally brought by the decedent’s personal representative on behalf of survivors and the estate, as § 768.20 provides.
For crashes involving cars more broadly, see our car accident lawyer page.
Frequently Asked Questions
Can a family sue if a child is hit by a car on Halloween?
Florida law generally allows a negligence claim against a driver whose conduct caused the injury. Who brings the claim for a minor, and when, depends on the facts, so ask a lawyer early.
How long do I have to file?
For negligence actions, § 95.11(5) generally sets a 2-year limit. Exceptions can apply, so confirm your deadline early.
Talk With The Perazzo Law Firm
If you or a family member was hurt as a pedestrian, call 888-PERAZZO or request a free case evaluation. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
Miami Personal Injury Accident Attorney Advertising. Responsible attorney: Jonathan Perazzo, Esq. Bona fide offices in North Miami Beach, Florida and Atlanta, Georgia. Past results do not guarantee a similar outcome.