You followed the rules. You crossed at the intersection and looked both ways, but a distracted driver hit you anyway. Now, you’re left with serious injuries and a pile of questions. How will you pay for your medical care? What happens if you can’t work? The law provides a path to hold the at-fault driver accountable, but it’s not always simple. Insurance companies may argue that you share some of the blame to avoid paying what you’re owed. Below, we explain the critical details of a pedestrian accident Florida claim, from proving fault to securing fair compensation.

Key Takeaway

Florida is one of the most dangerous states in the nation for pedestrians, with 701 pedestrian fatalities reported in 2024 alone. If you were injured in a pedestrian accident in Florida, you have legal rights to pursue compensation for medical bills, lost wages, and pain and suffering. However, Florida’s modified comparative negligence law (HB 837) now bars recovery if you are found more than 50% at fault. Understanding your rights under Florida Statute 316.130, the state’s no-fault PIP insurance system, and the two-year statute of limitations is critical to protecting your claim. An experienced Florida pedestrian accident lawyer can help you navigate these complex laws and fight for the full compensation you deserve.

Contact Injury LawStars today at (407) 887-4690 for a free consultation. No fees unless we win your case.

Why Are Florida’s Roads So Dangerous for Pedestrians?

Florida consistently ranks among the deadliest states in the country for people on foot. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 701 pedestrian fatalities occurred in Florida in 2024, accounting for more than 22% of all traffic deaths statewide. Nationally, the Governors Highway Safety Association (GHSA) reports that 7,148 pedestrians were struck and killed across the United States in 2024.

The numbers paint a disturbing picture. Between 2016 and 2020, researchers from Smart Growth America found that 3,420 people died in pedestrian accidents in Florida, making it the second-most dangerous state for pedestrians behind only New Mexico. Seven of the 20 most dangerous metro areas for pedestrians in the United States are located in Florida, including:

• Deltona-Daytona Beach-Ormond Beach (tied for No. 5 nationally)
• Tampa-St. Petersburg-Clearwater (No. 8)
• Palm Bay-Melbourne-Titusville (No. 11)
• Miami-Fort Lauderdale-Pompano Beach (No. 14)
• Jacksonville (No. 15)
• Cape Coral-Fort Myers (No. 16)
• Orlando-Kissimmee-Sanford (No. 18)

More than three-quarters of pedestrian fatalities occur after dark, and 65% happen in locations without sidewalks. For residents and visitors in communities like Clermont, Ocala, The Villages, and throughout Lake, Marion, and Sumter counties, understanding the risks and your legal rights after a pedestrian accident is essential.

A Look at the Numbers

The statistics surrounding pedestrian accidents in Florida are truly sobering. According to a report from Smart Growth America, our state is the second most dangerous in the entire nation for people walking, with 3,420 pedestrian deaths recorded over a recent five-year period. The Florida Department of Highway Safety and Motor Vehicles further highlights the risk, reporting 701 pedestrian fatalities in a single year, which makes up a shocking 22% of all traffic-related deaths. What’s even more concerning is that many of these tragedies are preventable. The data shows that over three-quarters of these fatal accidents happen after dark, and a staggering 65% occur in areas that don’t even have sidewalks. These numbers aren’t just abstract figures; they represent real people and families in communities like Ocala, Leesburg, and Wildwood whose lives are changed forever.

What Causes Most Pedestrian Accidents in Florida?

Pedestrian accidents happen for many reasons, but driver negligence is the most common factor. The most frequent causes of pedestrian accidents in Florida include:

• Distracted driving: Texting, talking on the phone, or adjusting GPS systems diverts a driver’s attention from pedestrians in crosswalks, intersections, and roadways.
• Speeding: Higher speeds reduce a driver’s ability to see and react to pedestrians. The risk of fatal injury increases dramatically at speeds above 30 mph.
• Failure to yield at crosswalks: Drivers who fail to stop for pedestrians at marked or unmarked crosswalks violate Florida law and put lives at risk.
• Impaired driving: Alcohol and drug use impair judgment, reaction time, and vision, making it far more likely that a driver will strike a pedestrian.
• Running red lights and stop signs: Drivers who blow through traffic signals endanger pedestrians who are crossing with a walk signal.
• Poor visibility conditions: Nighttime driving, rain, fog, and poorly lit roadways contribute to pedestrian accidents, particularly on roads without sidewalks.
• Left-turn accidents: Drivers making left turns often focus on oncoming traffic and fail to check for pedestrians in the crosswalk.
• Backing up in parking lots: Low-speed parking lot collisions are surprisingly common and can cause serious injuries, especially to children and elderly pedestrians.

While drivers are most often at fault, pedestrians can also contribute to accidents by jaywalking, crossing against traffic signals, or walking while distracted by a phone. However, even when a pedestrian shares some fault, Florida law still allows them to pursue compensation in many cases.

Who Has the Right-of-Way? A Look at Florida’s Pedestrian Laws

Florida Statute 316.130 is the primary law governing pedestrian rights and responsibilities on Florida roadways. This statute establishes clear rules for both drivers and pedestrians.

What the Law Requires of Drivers

Florida law places significant duties on drivers to protect pedestrians:

• Yielding in crosswalks: Drivers must stop and remain stopped for pedestrians crossing within any crosswalk, whether marked or unmarked, when the pedestrian is on the driver’s half of the roadway or close enough to be in danger.
• Exercise due care: Every driver must “exercise due care to avoid colliding with any pedestrian” and must give warning by honking when necessary. This duty applies at all times, regardless of who has the right of way.
• Extra caution for vulnerable pedestrians: Drivers must take extra precautions when they see a child or any obviously confused or incapacitated person on the roadway.

Rules for Passing at Crosswalks

The law is very clear: drivers must stop and remain stopped for pedestrians crossing within any crosswalk when the pedestrian is on the driver’s half of the road or close enough to be in danger. This rule applies to both marked crosswalks and unmarked ones at intersections. Another critical rule that many drivers forget is that you cannot overtake and pass a vehicle that has stopped for a pedestrian. If you see a car stopped at a crosswalk in a busy area like The Villages or Ocala, you have to assume someone is crossing, even if your view is blocked. Attempting to swerve around that stopped car is incredibly dangerous and can lead to a tragic pedestrian accident, as you have virtually no time to react to the person you couldn’t see. Learn more about hazardous road conditions.

Penalties for Failing to Yield

The consequences for ignoring these rules are significant. According to the Florida Department of Highway Safety and Motor Vehicles, a driver who fails to stop for a pedestrian can receive a $164 ticket and three points on their license. But these penalties pale in comparison to the potential human cost. A moment of impatience can lead to seriously injuring or even killing someone. Beyond the traffic citation, a driver who causes an injury by failing to yield can be held financially responsible for the victim’s medical bills, lost income, and pain and suffering. This traffic violation is powerful evidence of negligence in a personal injury claim, which can help victims in communities from Clermont to Leesburg secure the justice they deserve.

Your Responsibilities as a Pedestrian

Pedestrians also have legal obligations under Florida law:

• Obey traffic signals and “Walk/Don’t Walk” indicators at signalized intersections
• Use crosswalks when available; when crossing outside a crosswalk, yield the right of way to vehicles
• Not suddenly leave a curb or place of safety and walk or run into the path of a vehicle that is so close it is impossible for the driver to yield

Importantly, even when a pedestrian violates one of these rules, drivers are never excused from their duty to exercise due care. Florida Statute 316.130(15) makes clear that a pedestrian’s failure to follow the rules does not give a driver a free pass to strike them.

Rules for Crossing the Street

Knowing the rules for crossing the street is fundamental to your safety and any potential legal claim. At intersections with traffic lights, you must obey the “Walk” and “Don’t Walk” signals. When a crosswalk is available, you should always use it. If you need to cross somewhere without a designated crosswalk, the law says you must yield the right-of-way to vehicles. Perhaps the most critical rule is to avoid darting out into traffic. Florida law is clear: you cannot suddenly leave a curb or other safe place and walk or run into the path of a vehicle when it’s too close for the driver to stop safely. Following these guidelines is your first line of defense on the road and a key factor in any pedestrian accident case.

Walking on Roads Without Sidewalks

Many communities in Florida, from rural parts of Marion County to developing areas in Minneola and Groveland, have roads without sidewalks. When you find yourself walking on one of these roads, the law has a specific safety requirement. The Florida Department of Highway Safety and Motor Vehicles advises that you should always walk facing oncoming traffic, staying as far from the travel lane as possible. This simple practice makes a huge difference. It allows you to see approaching cars and gives drivers a better chance to see you. It’s a proactive step that can prevent a devastating accident when you have no choice but to share the road with vehicles.

Prohibited Activities for Pedestrians

Beyond crossing the street, Florida law also outlines other activities that are not allowed for pedestrians on roadways. For instance, it is illegal to stand in the road to solicit a ride, a job, or money from drivers. This rule is in place to prevent people from creating unexpected hazards for moving traffic. Similarly, you are not permitted to stand in a street or parking space to “guard” it for a car or to save the spot for someone else. While these situations might seem minor, they can lead to accidents and potentially impact your ability to recover compensation if you are injured while engaging in them.

Who Is at Fault in a Florida Pedestrian Accident?

Liability in a Florida pedestrian accident depends on which party was negligent, meaning who failed to act with reasonable care. To establish a successful pedestrian accident claim, you generally need to prove four elements:

1. Duty of care: The driver owed you a duty to drive safely and watch for pedestrians.
2. Breach of duty: The driver breached that duty through careless or reckless behavior (speeding, texting, failing to yield, etc.).
3. Causation: The driver’s breach directly caused the accident and your injuries.
4. Damages: You suffered actual harm, including physical injuries, financial losses, or emotional distress.

When a Pedestrian Can Be Found at Fault

In Florida, fault isn’t always a one-sided issue. While drivers of cars and trucks have a significant responsibility to watch for people on foot, pedestrians also have a duty to act with reasonable care for their own safety. Under Florida’s comparative negligence rule, if a pedestrian is found to be partially at fault for the accident, their potential compensation can be reduced by their percentage of fault. If a pedestrian is found to be more than 50% at fault, they may be barred from recovering any compensation at all. This makes understanding the circumstances where a pedestrian might share blame incredibly important for anyone injured in communities like Leesburg, Wildwood, or anywhere in Lake, Marion, and Sumter counties.

Impaired or Distracted Walking

Just as distracted driving is a major cause of accidents, distracted walking can also lead to devastating consequences. When a pedestrian is focused on their phone, listening to loud music through headphones, or otherwise not paying attention to their surroundings, they are less likely to notice an approaching vehicle or a changing traffic signal. Similarly, walking while impaired by alcohol or drugs can severely affect a person’s judgment, coordination, and reaction time. If evidence shows that a pedestrian’s impairment or distraction contributed to the collision, an insurance company will likely argue that the pedestrian shares responsibility for their own injuries, which can complicate the claims process. Learn more about drunk driving impact.

Consequences of Violating Traffic Laws

Pedestrians are expected to follow traffic laws designed for their safety. Actions like crossing the street against a “Don’t Walk” signal, jaywalking between intersections where there is no crosswalk, or suddenly darting out from a curb into traffic can place a pedestrian at partial fault. However, it is crucial to remember that a pedestrian’s mistake does not give a driver a free pass. Florida Statute 316.130(15) explicitly states that drivers must always exercise due care to avoid hitting pedestrians. If a driver had a reasonable opportunity to avoid the collision but failed to do so, they can still be held liable. A skilled Florida pedestrian accident lawyer can help sort through the details to determine liability and fight to protect your right to compensation.

Does It Matter If You Weren’t in a Crosswalk?

Where the accident happened significantly affects liability:

• In a crosswalk: If you were crossing in a marked or unmarked crosswalk and obeying traffic signals, the driver is almost always at fault for failing to yield. This is one of the strongest positions for a pedestrian accident claim.
• Outside a crosswalk: If you were crossing outside of a crosswalk, you had a duty to yield to vehicles. However, the driver still had an obligation to exercise due care. In many cases, fault is shared between both parties.

Multiple parties can share liability in a pedestrian accident. For example, if a poorly maintained roadway or missing crosswalk signage contributed to the accident, a government agency or property owner could also bear responsibility. An experienced pedestrian accident attorney in Florida will investigate all potential sources of liability to maximize your recovery.

What If You’re Partially to Blame for the Accident?

One of the most significant changes to Florida personal injury law came in 2023 with the passage of House Bill 837 (HB 837). This law fundamentally changed how fault is handled in pedestrian accident cases.

Recent Changes to Florida’s Fault Laws

Before HB 837 took effect on March 24, 2023, Florida followed a “pure comparative negligence” system. Under the old law, you could recover compensation even if you were 99% at fault for the accident. Your damages would simply be reduced by your percentage of fault.

Under the current modified comparative negligence system:

• If you are 50% or less at fault: You can still recover damages, but your compensation is reduced by your percentage of fault. For example, if your damages total $200,000 and you are found 30% at fault, you would receive $140,000.
• If you are more than 50% at fault: You are completely barred from recovering any compensation.

This change has major implications for pedestrian accident cases. Insurance companies now aggressively try to shift blame onto injured pedestrians, arguing they were jaywalking, wearing dark clothing, or distracted by their phones. The goal is to push the pedestrian’s fault above 50% so the insurer pays nothing.

This is why having an experienced attorney on your side is critical. At Injury LawStars, Attorney Katie Miller and our legal team work to gather evidence, reconstruct the accident, and prove that the driver bears the majority of fault for your injuries.

Don’t let insurance companies blame you for someone else’s negligence. Call Injury LawStars at (407) 887-4690 for a free case evaluation.

How to Stay Safe and Prevent Accidents

While you can’t control the actions of every driver on the road, you can take steps to protect yourself and others. Prevention is always the best strategy. Whether you’re walking through a parking lot in The Villages or driving down a busy street in Ocala, a little extra caution goes a long way. Both pedestrians and drivers share the responsibility of keeping Florida’s roads safe. By understanding and practicing defensive habits, we can all contribute to reducing the devastating number of pedestrian accidents in our communities throughout Lake, Marion, and Sumter counties.

Safety Tips for Pedestrians

As a pedestrian, your visibility and awareness are your best defenses. It’s easy to assume a driver sees you, but that’s a dangerous gamble. To stay safe, make yourself as visible as possible. The Florida Department of Highway Safety and Motor Vehicles recommends wearing bright clothing during the day and reflective gear at night. Carrying a flashlight is another great way to get noticed. Just as importantly, stay alert and put your phone away. Distractions like texting or wearing headphones can prevent you from hearing an approaching car in time to react. Always try to make eye contact with drivers before crossing to ensure they see you.

Safety Tips for Drivers

Under Florida law, drivers have a significant responsibility to exercise due care and avoid collisions with pedestrians. This means being constantly vigilant and prepared to yield the right-of-way. Always look for people walking, especially in low-light conditions or bad weather. When approaching a crosswalk in a town like Mount Dora or Wildwood, slow down and be ready to stop. Remember that pedestrians may be present even at unmarked crossing points. One of the most critical rules is to never pass a vehicle that has stopped at a crosswalk. There is likely a pedestrian crossing that you cannot see, and attempting to go around the stopped car could lead to a tragic accident.

How Does Florida’s No-Fault (PIP) Insurance Cover Pedestrians?

Florida is a “no-fault” insurance state, which means that after a traffic accident, your own Personal Injury Protection (PIP) insurance covers your initial medical expenses and lost wages, regardless of who caused the accident.

Using Your PIP Coverage as a Pedestrian

PIP coverage works differently for pedestrians depending on their insurance status:

• If you own a car and have PIP coverage: Your own auto insurance PIP policy covers the first $10,000 of medical bills and lost wages, even though you were on foot when injured.
• If you live with a relative who has PIP coverage: You may be covered under their policy as a resident relative.
• If you have no PIP coverage at all: The at-fault driver’s PIP insurance may cover your initial medical expenses.

What PIP Insurance Won’t Cover

PIP coverage has important limits that every pedestrian accident victim should understand:

• PIP covers only 80% of medical expenses and 60% of lost wages, up to a $10,000 maximum
• To access the full $10,000 benefit, a licensed medical provider must diagnose an “Emergency Medical Condition” (EMC) within 14 days of the accident. Without an EMC diagnosis, benefits are capped at $2,500.
• PIP does not cover pain and suffering, emotional distress, or other non-economic damages

For serious pedestrian injuries, PIP is rarely enough. When your injuries are severe, including permanent disability, significant scarring, or wrongful death, Florida law allows you to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver’s liability insurance for full compensation.

What Compensation Can You Get After a Florida Pedestrian Accident?

Pedestrian accident injuries are often severe because there is nothing protecting a person on foot from the force of a vehicle. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, and soft tissue injuries. In the worst cases, pedestrian accidents are fatal, leading to wrongful death claims.

If you were injured in a pedestrian accident caused by someone else’s negligence, you may be entitled to compensation for:

Covering Your Financial Losses

• Medical expenses: Emergency room visits, surgeries, hospitalization, physical therapy, prescription medications, and future medical treatment
• Lost wages: Income lost while recovering from your injuries, including time away from work for medical appointments
• Diminished earning capacity: If your injuries prevent you from returning to your previous job or earning the same income
• Out-of-pocket costs: Transportation to medical appointments, home modifications, assistive devices, and household services you can no longer perform

Compensation for Pain and Suffering

• Pain and suffering: Physical pain from injuries and the discomfort of recovery and treatment
• Emotional distress: Anxiety, depression, PTSD, and other psychological impacts of the accident
• Loss of enjoyment of life: Inability to participate in activities, hobbies, and experiences you enjoyed before the accident
• Permanent disability or disfigurement: Long-term physical limitations or visible scarring

In cases involving a fatality, the victim’s family can pursue a wrongful death claim for funeral and burial costs, loss of financial support, loss of companionship, and other damages under Florida law.

Accidents Involving Children and the Elderly: What’s Different?

Children and elderly adults are the most vulnerable pedestrian groups, and Florida law provides additional protections for both.

When a Child Is the Victim

Children are unpredictable. They may dart into the street, fail to understand traffic signals, or be too small for drivers to see. Florida law recognizes this by requiring drivers to take extra precautions when children are present. Florida Statute 316.130 specifically states that drivers must exercise extra caution when they observe a child on or near the roadway.

If a child is injured in a pedestrian accident, the legal standard for the child’s behavior is different from an adult’s. Courts evaluate whether the child acted reasonably for their age, experience, and maturity rather than holding them to an adult standard of care. This means children generally bear less fault in comparative negligence analyses, which can significantly impact the outcome of a claim.

Parents or legal guardians file the claim on behalf of the injured child, and a court-appointed guardian ad litem may oversee any settlement to ensure it is in the child’s best interest.

When an Elderly Person Is Injured

Older adults face heightened risks as pedestrians. They may move more slowly when crossing the street, have reduced hearing or vision, and are more susceptible to catastrophic injuries from even low-speed collisions. In communities like The Villages, Clermont, and Ocala, where a significant portion of the population is 65 or older, elderly pedestrian accidents are a serious concern.

Florida drivers have a heightened duty of care toward elderly pedestrians who appear confused or incapacitated. Injuries to elderly pedestrians often include hip fractures, traumatic brain injuries, and spinal cord damage that can lead to permanent loss of independence.

What Steps Should You Take After a Pedestrian Accident in Florida?

The actions you take in the hours and days after a pedestrian accident can make or break your claim. Here is a step-by-step guide to protecting your health and your legal rights.

1. Move to Safety and Call 911

If you are able to move, get to a safe location away from traffic. Call 911 immediately to report the accident. A police report creates an official record of what happened, documents the driver’s information, and may include the responding officer’s assessment of fault. This report becomes a critical piece of evidence when you file your claim.

2. Get Medical Help Right Away

Always get medical treatment after a pedestrian accident, even if you feel fine. Many serious injuries, including concussions, internal bleeding, and soft tissue damage, do not show symptoms right away. A thorough medical evaluation creates documentation linking your injuries to the accident. Delaying treatment not only risks your health but gives insurance companies ammunition to argue your injuries are not serious or were caused by something other than the accident.

Remember: Florida’s PIP insurance requires you to seek medical treatment within 14 days of the accident to access the full $10,000 benefit. Missing this window limits your PIP benefits to just $2,500.

3. Gather Evidence at the Scene

If your condition allows, gather as much evidence as possible at the scene:

• Take photos and video of the accident scene, vehicle damage, skid marks, traffic signals, crosswalks, and your injuries
• Get the driver’s name, phone number, license plate number, and insurance information
• Collect contact information from any witnesses who saw the accident
• Note the exact location, time of day, weather conditions, and lighting
• Look for nearby surveillance cameras (businesses, traffic cameras, doorbell cameras) that may have recorded the incident

4. Be Careful What You Say to Insurers

The at-fault driver’s insurance adjuster may contact you quickly after the accident and ask for a recorded statement. They are not on your side. Their goal is to find anything you say that can be used to reduce your claim or shift blame to you. Politely decline to give any recorded statement until you have spoken with an attorney. Learn about how long the personal injury process takes.

Do Not Admit Fault

It’s a natural human instinct to apologize after a collision, even when you’re the one who has been hit. But you should never say “I’m sorry” or admit fault in any way. An apology can be twisted by an insurance company and used as an admission of guilt. Under Florida’s modified comparative negligence law, if you are found to be more than 50% responsible for the accident, you are barred from recovering any compensation. Admitting fault gives the insurer the ammunition they need to argue that you bear the majority of the blame, potentially eliminating your right to a settlement. Fault is a complex legal issue. Even if you think you were partially to blame, remember that Florida law requires drivers to exercise due care to avoid hitting pedestrians at all times. Stick to the facts when speaking with police and let the investigation determine liability.

5. Keep Track of All Your Expenses

Start a file that includes all medical records, bills, receipts for out-of-pocket expenses, documentation of missed work and lost income, and a personal journal describing your pain levels, limitations, and emotional state each day. This documentation supports both your economic and non-economic damage claims.

6. Talk to a Pedestrian Accident Lawyer

The earlier you consult with an experienced pedestrian accident attorney, the better your chances of a successful outcome. An attorney can preserve critical evidence before it disappears, handle all communication with insurance companies, and begin building a strong case on your behalf. At Injury LawStars, consultations are always free, and you pay nothing unless we win your case.

Why You Need a Florida Pedestrian Accident Lawyer

Pedestrian accident cases involve complex legal and insurance issues that are difficult to navigate alone. Here is why working with an experienced attorney makes a significant difference in the outcome of your case.

Insurance Companies Are Not on Your Side

After a pedestrian accident, you may be dealing with multiple insurance companies: your own PIP insurer, the at-fault driver’s liability insurer, and potentially an uninsured/underinsured motorist carrier. Each of these companies has teams of adjusters and lawyers whose primary objective is to minimize what they pay you. They use sophisticated tactics like disputing the severity of your injuries, questioning the necessity of your medical treatment, and aggressively arguing that you share most of the fault.

Building a Strong Case to Prove Fault

Under Florida’s modified comparative negligence system, the percentage of fault assigned to you directly impacts your compensation. Proving the driver was primarily at fault requires a thorough investigation, including accident reconstruction, analysis of traffic camera footage, review of the police report, witness interviews, and expert testimony. An experienced attorney has the resources and knowledge to build this case effectively.

Making Sure You Get Paid What You’re Owed

Many pedestrian accident victims underestimate the true value of their claim. Beyond current medical bills, you may need ongoing treatment, physical therapy, assistive devices, and home care for months or years. An attorney evaluates the total cost of your injuries, including future medical expenses, long-term lost earning capacity, and the non-economic toll of chronic pain, disability, and emotional suffering.

Getting the Compassionate Support You Deserve

At Injury LawStars, Managing Partner Attorney Katie Miller was once an injury victim herself. She knows firsthand the fear, frustration, and uncertainty that come with being hurt in an accident. That lived experience drives her relentless commitment to fighting for every client. With a contingency-fee structure, you pay no upfront fees. We only get paid when we win your case.

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

Time is critical in any pedestrian accident case. Under Florida law, you generally have two years from the date of the accident to file a personal injury lawsuit. This shortened deadline took effect on March 24, 2023, as part of HB 837. Previously, the statute of limitations was four years.

For wrongful death cases arising from a pedestrian accident, the statute of limitations is also two years from the date of death.

Missing these deadlines can permanently destroy your right to seek compensation, no matter how strong your case is. In addition, critical evidence like surveillance footage, witness memories, and vehicle data can deteriorate quickly. That is why consulting a Florida accident attorney as soon as possible after an accident is essential to protecting your rights.

Time is limited. Call Injury LawStars at (407) 887-4690 today to protect your right to compensation. Your consultation is free, and you pay nothing unless we win.

Frequently Asked Questions About Pedestrian Accidents in Florida

Do pedestrians always have the right of way in Florida?

Not always. Pedestrians have the right of way in marked and unmarked crosswalks when obeying traffic signals. However, when crossing outside of a crosswalk, pedestrians must yield to vehicles. That said, Florida Statute 316.130(15) requires every driver to “exercise due care to avoid colliding with any pedestrian” at all times, regardless of who technically has the right of way.

Can I still get compensation if I was partially at fault?

Yes, as long as you were not more than 50% at fault. Under Florida’s modified comparative negligence law (HB 837), your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would receive $80,000. However, if you are more than 50% at fault, you cannot recover any compensation.

What should I do immediately after being hit by a car?

Call 911 and seek medical attention right away, even if your injuries seem minor. Have the police file an accident report. If you can, collect the driver’s name, license plate, and insurance information, take photos of the scene, and get contact information from witnesses. Do not give a recorded statement to the driver’s insurance company before consulting an attorney.

How much is the average pedestrian accident settlement in Florida?

Settlement amounts vary widely depending on the severity of injuries, the extent of fault, and available insurance coverage. Minor injury cases may settle for $15,000 to $75,000, while cases involving severe or catastrophic injuries, such as traumatic brain injuries or spinal cord damage, can result in settlements exceeding $500,000 or more. Each case is unique, and consulting an experienced attorney is the best way to understand the potential value of your claim.

Does PIP insurance cover pedestrians in Florida?

Yes. If you own a car or live with a relative who does, your PIP auto insurance covers the first $10,000 in medical expenses and lost wages after a pedestrian accident, regardless of fault. However, you must seek medical treatment within 14 days and receive an Emergency Medical Condition diagnosis to access the full $10,000 benefit. Without it, PIP benefits are limited to $2,500.

How long do I have to file a pedestrian accident lawsuit in Florida?

You have two years from the date of the accident to file a personal injury lawsuit under Florida’s current statute of limitations (effective March 24, 2023, under HB 837). For wrongful death cases, you also have two years from the date of death. Missing this deadline can permanently bar you from recovering compensation, so it is important to consult with an attorney as soon as possible after your accident.

What if the driver who hit me fled the scene?

Hit-and-run pedestrian accidents are unfortunately common in Florida. If the driver fled, report the accident to police immediately and try to note any details you remember about the vehicle. Even if the driver is never identified, you may be able to recover compensation through your own uninsured motorist (UM) coverage. An attorney can help you explore all available sources of recovery and maximize your claim.

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