Can Pedestrians Seek Compensation for Injuries if Hit by a Car in Florida?

When crossing a street as a pedestrian, you trust the drivers around you to follow traffic laws and uphold their duty to act carefully and cautiously. However, many drivers neglect this duty and hit pedestrians, causing serious injuries. According to the Florida Highway Safety and Motor Vehicles 2024 crash report, more than 565 pedestrians lost their lives in traffic crashes across the state that year, accounting for roughly 22 percent of all Florida traffic fatalities. If you have suffered injuries as a pedestrian due to someone else’s negligence, you have the right to seek financial compensation for your losses.

Our passionate lawyers at the Law Offices of Scott Sobol can help you pursue a fair settlement with personalized legal support. We have worked on pedestrian accident claims for 20 years, so we understand the complex nature of the legal process and how to handle every aspect of your claim. We allow you to focus on recovery while we negotiate with insurance companies to help pursue a fair settlement.

What Damages Can You Recover for a Florida Pedestrian Accident Claim?

Suffering injuries in a pedestrian accident can have long-lasting physical, emotional, and financial impacts on your life. We can help you accurately calculate your claim’s worth, which may include damages such as:

• Current and future medical bills
• Pain and suffering
• Property damage
• Lost wages from missed work
• Loss of ability to work
• Disfigurement
• Ambulance ride fees
• Rehabilitation
• Emotional distress

Do Pedestrians Always Have the Right of Way in Florida?

Florida law requires drivers to yield to pedestrians at marked and unmarked crosswalks, and drivers are expected to exercise caution in any area where pedestrians are likely to be present, including near schools, shopping areas, and residential neighborhoods. That said, pedestrians also carry responsibilities under the law, including crossing at designated intersections and obeying pedestrian signals rather than stepping into traffic unexpectedly. When a pedestrian crosses outside a crosswalk or ignores a signal, fault for the resulting accident can potentially be shared between the driver and the pedestrian.

How Florida’s Comparative Negligence Law Affects Your Pedestrian Claim

When collecting damages for a pedestrian accident in Florida, it is important to understand how the state’s comparative negligence system works. Since March 24, 2023, Florida has used a modified comparative negligence standard under Florida Statute 768.81. Under this law, your compensation can potentially be reduced by your percentage of fault for the accident, and if you are found more than 50 percent at fault, you may be barred from recovering damages at all. For example, if you are found to be 25 percent at fault for the accident, your compensation may be reduced by that same 25 percent, but if you are found 51 percent or more at fault, you may not be able to recover anything.

This makes it especially important to build a strong claim from the outset. Insurance companies often use several tactics to try to assign you an unfair percentage of fault or offer an unfairly low settlement. We understand these strategies and work to gather evidence and present a solid claim on your behalf.

What You Need to Prove to Recover Damages After a Pedestrian Accident

After getting hit by a car as a pedestrian in Florida, you are generally responsible for proving fault to recover damages. This is called the burden of proof, and it involves presenting evidence that the liable party owed you a duty to drive carefully with regard to your safety, that they neglected this duty through reckless or careless driving, that this negligence directly caused the accident, and that your injuries resulted in measurable damages.

We understand this can feel daunting, but we can help you gather the evidence needed to build a strong claim. Photographs and videos of the scene and your injuries, the police report, your medical records and bills, surveillance or dashcam footage, and witness testimony can all help establish what happened and increase your chance of recovering full compensation. You can also keep a journal of your recovery, noting how you feel, the doctor’s appointments you attend, and how your injuries have affected your daily life, which can help document the emotional and physical impact of the accident in addition to the financial one.

How Florida’s No-Fault Insurance Affects a Pedestrian Claim

Florida requires drivers to carry Personal Injury Protection, or PIP, coverage as part of its no-fault insurance system. If you do not carry your own auto insurance policy, you may still be able to file a claim under the at-fault driver’s PIP coverage for a portion of your initial medical expenses and lost wages. Because PIP benefits are limited and often insufficient to cover the full cost of a serious pedestrian injury, a claim against the driver’s liability insurance, or your own uninsured or underinsured motorist coverage if you have it, is often necessary to recover the remaining damages.

What Happens if the Driver Flees the Scene?

Pedestrians are unfortunately common victims of hit-and-run accidents, since a fleeing driver can make it harder to identify who was at fault. If this happens to you, report the accident to police as soon as possible, since Florida law imposes serious penalties on drivers who leave the scene of an injury accident, and a prompt report improves the odds of identifying the driver. If the driver is never located, compensation may still be available through your own uninsured motorist coverage or other resources. You can learn more about what to expect after this type of accident in our related article on what happens when a driver flees the scene in Florida.

Contact a Skilled Florida Pedestrian Accident Lawyer at the Law Offices of Scott Sobol

While walking can be a great way to get around town and enjoy Florida’s weather, it comes with real dangers. Pedestrians have significantly fewer protections than drivers, so when a car strikes a pedestrian, the resulting injuries can be serious. If this has happened to you, you deserve representation that will advocate for the compensation you may be entitled to.

At the Law Offices of Scott Sobol, we can help you understand your rights after a pedestrian accident. Our lawyers understand that every claim is different, so we focus on your needs and goals when building your legal strategy. Learn more about our personal injury practice or fill out our contact form to schedule a free consultation.

Frequently Asked Questions About Florida Pedestrian Accident Claims