Yes, you can get a ticket for splashing a pedestrian in Florida because it’s illegal to drive on flooded roads at a speed that creates a dangerous wake. Intentionally driving through water to splash a pedestrian may also constitute battery and can be punished as a criminal offense.
In either case, a pedestrian who is injured by the splashing could sue the driver for negligent or reckless behavior. If you have injuries from being splashed by a reckless driver, a Fort Lauderdale pedestrian accident lawyer can hold them accountable for the harm they have caused.
Creating Wakes on the Road With a Vehicle Is Illegal in Florida
Under Florida Statutes 316.89, it is illegal to drive a motor vehicle on a flooded road at a speed that creates a dangerous wake or wave. Florida gets significant rainfall throughout the year, and large wakes from vehicles are a significant hazard to motorists, pedestrians, and nearby property owners.
Creating a dangerous wake is treated as a moving violation, similar to speeding, and can result in a ticket, fines, and points on the offender’s license. This version of Florida’s no-wake law was originally passed to protect homeowners from property damage due to the wakes of speeding drivers.
The law doesn’t define an exact speed one must drive on a flooded road. It only stipulates that your vehicle must not be moving fast enough to create a dangerous or excessive wake. What counts as excessive depends on the specific context. For instance, a small wake may be excessive if there are people or vulnerable property around.
Pedestrians May Be Able to Sue Drivers if They Are Injured by Splashes
Creating an excessive wake on its own is a moving violation, but things can get more serious if a pedestrian is involved. If the victim is injured, not only can motorists get a ticket for splashing a pedestrian, but they can also be sued for the cost of the person’s injuries and losses.
For example, say you are walking down the street in a rainstorm, and a speeding driver plows through a nearby puddle. The splash causes you to lose your footing, fall onto the sidewalk, and break your wrist. In this case, you may be able to sue the driver for your medical bills because their negligence caused you demonstrable injuries and losses.
However, it can be difficult to sue someone for splashing you with their car. First, identifying the driver may prove a challenge, especially if they continued driving and didn’t stop. Second, you’ll need to show that your injuries were a direct result of being splashed by water.
Intentionally Splashing a Pedestrian Can Be a Serious Crime
In addition to being incredibly rude, knowingly and intentionally driving through a puddle to splash a nearby pedestrian could fit the state’s definition of criminal battery. Florida criminal law defines battery as actually and intentionally striking or touching another person without their consent.
Though the driver didn’t directly touch the pedestrians, intentionally splashing them would count as non-consensual touching. Simple battery can be charged in cases without injuries. If the pedestrian were seriously hurt, though, it could rise to felony battery. Simple battery can carry up to a year in a county jail, while felony battery can carry up to five years in a state prison.
In either case, the offender could face a civil lawsuit in addition to criminal proceedings. A driver convicted of battery for splashing and hurting someone could potentially be ordered to pay the victim punitive damages as well as standard compensatory damages.
What Should I Do if I’m Splashed by a Driver and Hurt?
The most important thing is to quickly start documenting the accident scene. Take pictures of your injuries and, if possible, the vehicle that caused the splash. If the driver has already left the scene, you may be able to find video footage from nearby traffic and surveillance cameras.
Next, see a doctor about your injuries. You will need an official medical diagnosis and clear evidence to demonstrate how the splash caused you harm. Your doctor may also be able to provide an expert witness statement concerning the scope and causes of your injuries.
You can then contact a personal injury lawyer. They can help organize your materials, gather additional evidence, and initiate the next steps of the claim process. They can also help you contact the police if you wish to press charges against the individual who splashed you.
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Contact a Fort Lauderdale Pedestrian Accident Lawyer Today
Motorists can face numerous consequences, from criminal charges to traffic tickets, for splashing a pedestrian while driving. Drivers owe a duty of care to pedestrians and should be held accountable when their actions hurt them.
If you have injuries from being splashed, Blakeley Car Accident & Personal Injury Lawyers can work to secure justice on your behalf. We have recovered more than $250 million for clients across 12-plus years in business.
Contact our offices online or call today to speak to a personal injury lawyer in Fort Lauderdale about your case.
