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Walking should never put your life at risk, yet every year thousands of Floridians are struck by careless drivers. Pedestrian accidents often cause catastrophic injuries, leaving victims with mounting medical bills, lost income, and lasting trauma. If you or a loved one has been hit by a car, you need an experienced Florida pedestrian accident lawyer who understands how to navigate no-fault insurance, comparative negligence, and the state’s strict filing deadlines. At Clark, Fountain, Littky-Rubin & Whitman, we have decades of experience representing injured pedestrians and families who have lost loved ones. Our goal is to secure maximum compensation and hold negligent drivers and corporations accountable.
Immediate Actions After a Florida Pedestrian Accident
Taking the right steps immediately after being hit by a car can protect both your health and your legal claim. Here is what you should do:
- Call 911 right away. Emergency responders will provide medical treatment and create a police report, which is a vital piece of evidence.
- Stay at the scene. Do not leave until law enforcement allows it.
- Gather information. Write down or photograph the driver’s license, plate number, insurance, and contact details.
- Document everything. Take photos of your injuries, the vehicle, skid marks, traffic signals, and lighting conditions.
- Seek medical care. Even if you feel fine, internal injuries and concussions may not show symptoms right away.
- Avoid talking to the driver’s insurer. Insurance adjusters often try to minimize claims.
- Contact a Florida pedestrian accident lawyer. Legal guidance from the start increases your chance of fair compensation.
The Unique Challenges of Florida Pedestrian Accident Cases
Florida has several laws that make pedestrian accident cases more complex than they appear.
Comparative Negligence
Florida follows a pure comparative negligence system. This means your compensation is reduced by your percentage of fault. For example, if you were jaywalking and a distracted driver hit you, a jury may assign 20 percent of the blame to you. If your damages total $100,000, you could still recover $80,000. Understanding this rule is critical when evaluating cases like a pedestrian hit by a car while jaywalking in Florida lawsuit.
Personal Injury Protection (PIP) Insurance
Florida is a no-fault state. Pedestrians who own a car and carry auto insurance must first use their own PIP coverage to pay up to $10,000 in medical bills, even if another driver caused the crash. This is why people often search for a Florida pedestrian accident attorney no-fault insurance to understand how their own policy interacts with the driver’s liability coverage. If the injuries are severe, you may then pursue a lawsuit against the at-fault driver.
Statute of Limitations
The Florida pedestrian accident statute of limitations is generally two years from the date of the accident to file a lawsuit. Missing this deadline can bar your right to recover compensation. Wrongful death cases involving pedestrians also have a two-year statute of limitations.
You deserve seasoned litigation that cares about you and your life—call 561-899-2100 for a free case consultation!
Common Causes of Florida Pedestrian Accidents
Drivers cause pedestrian accidents for many reasons. The most frequent include:
- Distracted driving, especially texting.
- Failure to yield at intersections or crosswalks.
- Speeding through residential neighborhoods and school zones.
- Driving under the influence of alcohol or drugs.
- Running red lights or ignoring traffic signals.
- Making unsafe left turns.
- Improperly backing up in parking lots.
These behaviors consistently result in tragic injuries to pedestrians who have little to no protection against impact.
Injuries Suffered in Pedestrian Accidents
When a vehicle collides with a pedestrian, the human body absorbs the force. The results are often life-altering injuries such as:
- Traumatic brain injuries.
- Spinal cord injuries and paralysis.
- Broken bones and multiple fractures.
- Soft tissue damage including torn ligaments.
- Internal organ damage.
Catastrophic Pedestrian Injuries
In the most severe cases, victims suffer:
- Permanent brain damage.
- Amputation or crushed limbs.
- Severe disfigurement and facial trauma.
- Multiple surgeries and permanent disability.
- PTSD and lasting psychological trauma.
These cases require specialized advocacy from a Florida pedestrian accident lawyer who has handled catastrophic injury claims.
Recoverable Damages in a Florida Pedestrian Accident Claim
Compensation, also known as damages, is divided into two categories:
Economic Damages
- Current and future medical expenses.
- Rehabilitation and therapy costs.
- Lost wages and diminished earning ability.
Non-Economic Damages
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
Families who have lost loved ones may pursue wrongful death damages, including funeral expenses, loss of companionship, and the value of future financial support. Many clients ask, what damages can I claim in a Florida pedestrian accident case, and the answer depends on the facts, the severity of injury, and insurance coverage available.
Special Considerations for Uber, Lyft, Commercial, and Government Vehicles
The type of vehicle involved can significantly change the legal process.
Uber/Lyft Drivers
- Not logged in: only personal insurance applies.
- Logged in but no passenger: $50,000 per person and $100,000 per accident liability coverage.
- With passenger or en route: up to $1 million in coverage applies.
Commercial Vehicles
Employers are often vicariously liable for their drivers. Commercial trucks and delivery vans carry higher coverage limits, sometimes several hundred thousand dollars.
Government Vehicles
When a city bus or federal vehicle strikes a pedestrian, sovereign immunity applies. Claims may be capped at $200,000 per person against Florida state agencies. Federal vehicles fall under the Federal Tort Claims Act. These cases have shorter deadlines and strict notice requirements.
Types of Insurance Coverage in Pedestrian Accidents
Understanding insurance layers is essential:
- PIP Coverage: Pedestrians with auto insurance may claim up to $10,000 in medical benefits regardless of fault.
- Uninsured/Underinsured Motorist Coverage: Provides additional recovery if the driver has no or inadequate insurance.
- Commercial and Rideshare Insurance: Often higher policy limits, but complex negotiations are required.
- Government Claims: Limited coverage due to sovereign immunity.
For victims searching for answers on how to get medical bills paid after a Florida pedestrian accident, insurance is usually the first source, followed by legal claims against negligent parties.
Pedestrian Accidents: Documenting the Accident and Injuries
Your actions in the days and weeks after the crash can make or break your case.
At the Scene
- Get to safety and call 911.
- Take detailed photos of the vehicle, scene, crosswalk, and injuries.
- Gather driver and witness information.
- Obtain the police report number.
After Leaving the Scene
- Seek medical care immediately.
- Keep an injury journal documenting pain and limitations.
- Save all medical records, bills, and receipts.
- Track lost wages through pay stubs or employer statements.
- Take follow-up photos of injuries as they heal or worsen.
- Do not post about the accident on social media.
This documentation builds powerful evidence for your attorney to prove liability and damages.
Wrongful Death in Florida Pedestrian Accidents
When a pedestrian is killed, families often seek the best pedestrian accident lawyer for wrongful death Florida cases. Wrongful death claims may recover funeral expenses, lost future income, and damages for the emotional suffering of surviving relatives. Florida law gives the personal representative of the estate authority to file the claim on behalf of survivors. Time is limited to two years.
Hiring a Pedestrian Accident Lawyer in Florida
Whether you are searching for a lawyer for a pedestrian hit by a distracted driver in Orlando, or you need advice about hiring a pedestrian accident lawyer in Florida, choosing the right attorney is critical. Here are factors to consider:
- Experience with pedestrian accidents: These cases involve unique statutes and insurance issues.
- Track record of results: Look for verdicts and settlements in complex cases.
- Client reviews: Positive testimonials show trust and reliability.
- Contingency fees: Most lawyers work on a no-win, no-fee basis.
For those concerned about the cost of hiring a pedestrian accident lawyer in Tampa, most firms, including ours, offer free consultations and only get paid if you win.
Can I Sue for Pain and Suffering After a Florida Crosswalk Accident?
Yes. Victims often wonder, can I sue for pain and suffering after a Florida crosswalk accident? Florida law allows non-economic damages when your injuries meet the serious injury threshold, such as permanent disability, disfigurement, or significant loss of bodily function. This is often a central issue in pedestrian accident litigation.
Lawsuit for a Child Injured in a Florida Pedestrian Accident
Children are among the most vulnerable road users. If a child is injured, parents can bring a claim to recover damages for medical treatment, future care, and emotional trauma. A lawsuit for a child injured in a Florida pedestrian accident may also involve school zones, negligent drivers, or defective crosswalk design. Courts take these cases very seriously given the long-term impact on the child’s life.
How Our Florida Pedestrian Accident Lawyers Can Help You
Our legal team provides comprehensive representation, including:
- Investigating the accident scene and gathering evidence.
- Identifying all potential defendants and insurance policies.
- Negotiating aggressively with insurers to maximize recovery.
- Calculating damages with input from medical and economic experts.
- Filing a lawsuit and taking the case to trial if needed.
Why Choose Our Firm
At Clark, Fountain, Littky-Rubin & Whitman, clients choose us because:
- We are experienced Florida attorneys dedicated to pedestrian accident cases.
- We have secured record-setting verdicts and settlements.
- We work on a contingency fee basis, so you pay nothing unless we win.
- We offer free consultations to help you understand your rights.
Being struck by a car can change your life in seconds. Navigating no-fault insurance, comparative negligence, and multiple insurance policies requires legal expertise. Whether you are searching for advice on how to file a lawsuit after a Florida pedestrian accident, or need immediate help after a hit and run, our team is ready to fight for your rights. Call Clark, Fountain, Littky-Rubin & Whitman today for a free consultation with a Florida pedestrian accident lawyer.
FAQs
Pedestrian Accidents
- Who is at fault in most Florida pedestrian accidents?
Fault depends on the unique circumstances of the accident, but most cases focus on driver negligence. Speeding, texting while driving, failing to yield at crosswalks, or running a red light are common causes that make drivers legally responsible. However, comparative negligence may apply if the pedestrian also contributed to the crash, such as by jaywalking or crossing outside of a designated area. In that case, a court will assign a percentage of fault to each party, which directly affects the amount of compensation. - Does Florida law protect pedestrians?
Yes. Florida Statute §316.130 establishes pedestrian rights of way, particularly at crosswalks and intersections. Drivers are legally required to stop for pedestrians in marked crosswalks when traffic signals indicate a pedestrian may cross. Ignoring these signals or failing to yield can result in both traffic citations and civil liability. - What insurance coverage applies for pedestrians hit by vehicles?
Florida is a no-fault insurance state, so Personal Injury Protection (PIP) provides the first layer of coverage. PIP pays up to $10,000 for medical bills and partial wage replacement. If injuries are severe, additional coverage may come from the at-fault driver’s bodily injury liability (BIL) policy, a commercial policy if a work vehicle was involved, or even the pedestrian’s own uninsured/underinsured motorist (UM/UIM) coverage. - Can pedestrians use their own auto insurance for injuries?
Yes. If the injured pedestrian owns a car, their own PIP policy pays first, even though they were not driving at the time of the accident. If the pedestrian does not own a car, they may be covered under the policy of a resident relative. If no household coverage exists, the claim may then proceed through the at-fault driver’s insurance. - What damages can a pedestrian claim?
Pedestrian accident victims may pursue compensation for:
- Medical expenses (hospital stays, rehabilitation, future treatment).
- Lost wages and diminished earning capacity.
- Pain and suffering.
- Emotional distress and loss of enjoyment of life.
- Long-term or permanent disability.
- Punitive damages in rare cases where the driver acted with extreme recklessness, such as driving while intoxicated.
- How is fault determined in a pedestrian accident?
Fault is proven using multiple forms of evidence, including police crash reports, eyewitness statements, surveillance or traffic camera footage, and accident reconstruction experts. Insurance companies often dispute liability, which is why retaining a Florida pedestrian accident lawyer can be crucial for gathering and preserving the strongest evidence. - What is Florida’s comparative negligence rule?
Florida follows pure comparative negligence. This means if a pedestrian is found partially at fault, their compensation is reduced by that percentage. For example, if a pedestrian is found 20 percent at fault for crossing against the signal, a $100,000 award would be reduced to $80,000. This rule applies even in complex cases, such as a pedestrian hit by a car while jaywalking in Florida lawsuit. - Is PIP always enough for catastrophic injuries?
No. PIP benefits are capped at $10,000, which is rarely sufficient for catastrophic injuries like traumatic brain injury or spinal cord damage. Victims with severe or permanent injuries can pursue claims against the at-fault driver’s liability insurance or seek compensation through UM/UIM coverage if the driver lacks sufficient coverage. - Can you sue the city or county if hit by a government vehicle?
Yes, but special rules apply. Under Florida’s sovereign immunity laws, compensation against a state or municipal entity is generally capped at $200,000 per person and $300,000 per incident. Claims against federal vehicles, such as a USPS truck, fall under the Federal Tort Claims Act (FTCA), which requires strict notice procedures and shorter deadlines. - What if you are hit in a parking lot?
Parking lot pedestrian accidents are common and can be complex. Insurance coverage still applies under Florida’s no-fault system, so PIP pays medical expenses first. However, proving liability may be more challenging due to reduced speed zones, lack of traffic signals, and shared fault arguments. Legal guidance helps establish negligence in these cases. - What should you do immediately after a pedestrian accident?
Take the following steps to protect your health and claim:
- Call 911 for medical help and a police report.
- Collect driver and witness information.
- Document the scene with photos of the vehicle, injuries, and surroundings.
- Seek medical care right away, even if you feel fine.
- Contact a pedestrian accident attorney before giving a statement to insurance companies.
- Does PIP cover wage loss and death benefits?
Yes. PIP pays up to 60 percent of lost wages (within the $10,000 limit) if you cannot work because of the accident. In cases of fatal pedestrian accidents, PIP provides up to $5,000 in death benefits to eligible survivors, in addition to wrongful death damages that may be pursued separately. - What if the driver flees the scene (hit and run)?
Report the accident to the police immediately. In hit-and-run pedestrian accidents, recovery may come from your own uninsured motorist coverage or a resident relative’s policy. Victims should also consider consulting an attorney quickly to explore additional avenues of compensation. - Can multiple parties be liable in a single accident?
Yes. Liability is not always limited to the driver. If a commercial vehicle was involved, the driver’s employer may also be liable under vicarious liability. In rideshare accidents, Uber or Lyft’s insurance may apply depending on whether the driver was logged into the app. Municipalities may even be responsible for poorly designed crosswalks or malfunctioning traffic lights. - Are there deadlines for making a claim?
Yes. Florida’s statute of limitations for pedestrian accident injury claims is generally two years from the date of the accident. Wrongful death claims must also be filed within two years. Claims involving government entities or insurers may have even shorter notice deadlines, sometimes as little as six months. - Should you hire a pedestrian accident lawyer?
Absolutely. An experienced Florida pedestrian accident attorney helps secure evidence, evaluate damages, negotiate with insurers, and take your case to trial if necessary. Pedestrian accident cases often involve multiple insurance layers, complex fault disputes, and strict deadlines. Legal representation ensures you are not pressured into accepting an unfair settlement.
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