One moment, you’re crossing the street, then sirens, medical bills, and time off work hit all at once. Pedestrian crashes bring serious injuries, long rehab, and questions about how to pay for all of it. At Zweben Law Group, we have focused on personal injury for over 25 years, helping people rebuild after life gets turned upside down.
This article walks you through your rights after a Florida pedestrian accident, what compensation you can claim, and the steps that protect your case. Our goal is simple: give you clear next moves and the confidence to take them.
Overview of Pedestrian Accident Claims in Florida
If a driver’s careless act injures you, Florida law lets you seek compensation for your losses. This includes medical costs, lost income, and the impact on your quality of life. You do not have to accept unpaid bills or low offers that do not match the damage done.
We put together this guide to explain the claims process in plain language, then point you to practical choices that fit real life. You can always ask us questions if something here sparks a concern about your situation.
Common Causes of Pedestrian Accidents
Pedestrian injuries often trace back to a driver who was not paying attention, poor road design, or traffic rules being ignored. Unsafe speeds and poor visibility exacerbate an already hazardous situation. Knowing what caused the crash helps show who should pay for the harm.
Here are the frequent causes we see in Florida:
- Distracted driving, including texting or phone use.
- Speeding near crosswalks or in neighborhoods.
- Failure to yield to people walking at intersections.
- Running red lights or stop signs.
- Driving under the influence of alcohol or drugs.
- Poorly marked crossings or blocked sight lines.
Pedestrian choices can also matter, such as crossing outside a crosswalk or stepping out against a signal. Florida uses modified comparative negligence, which means your share of fault can reduce your compensation, and recovery is blocked if you are found more than 50 percent at fault.
Determining Liability in a Pedestrian Accident
Liability depends on the facts. We examine road design, signal timing, dashcam or store video footage, and witness accounts. The goal is to show who had the duty to prevent the crash and who broke that duty.
Parties that can be responsible include:
- The driver who was speeding, distracted, or otherwise careless.
- A government agency that allowed unsafe design, missing signs, or broken lights.
- A business or property owner who created hazards near walkways.
Sometimes two or more parties share the blame. Getting legal help early can preserve video evidence, locate witnesses, and prevent insurers from shifting fault onto you.
Steps to Take After a Pedestrian Accident
Taking smart steps quickly can strengthen your claim, protect your health, and help you recover fair compensation. You don’t have to do everything perfectly; just do your best and document what you can.
Seek Immediate Medical Attention
See a doctor right away, even if you think you are okay. Concussions, internal injuries, and soft tissue damage can show up later. Medical records connect your injuries to the crash, which is vital for your claim.
Follow all treatment plans and keep copies of bills, prescriptions, and visit notes. Gaps in care invite insurers to argue your injuries are not serious.
Call the Police and File a Report
Ask that law enforcement respond, and ensure a report is filed. Reports often include driver details, witness names, and whether traffic laws were broken. Obtain the report number before leaving the scene, if possible.
Gather Evidence at the Scene
If you can do so safely, collect the basics while the scene is still fresh. A few photos or notes can make a big difference later.
- Photos of the scene, your injuries, crosswalks or signals, skid marks, and vehicle damage.
- Names and contact info for any witnesses.
- The driver’s name, license plate, and insurance details.
Store everything in one folder on your phone or in a notebook. Organization makes life easier and claims stronger.
Avoid Speaking with the Insurance Company Without Legal Advice
Insurance adjusters often call fast and ask for recorded statements. They can use your words to cut or deny your claim. Talk with a pedestrian accident attorney first, then decide how to proceed.
Contact a Pedestrian Accident Attorney
A seasoned injury team can review liability, manage insurance communications, and build the evidence needed for full compensation. Having an advocate frees you to focus on healing while your case moves forward.
Compensation Available to Pedestrian Accident Victims
Florida law allows injured pedestrians to recover damages for the losses caused by a careless driver. The amount depends on the severity of your injuries, the allocation of fault, and the insurance policies involved.
Common types of compensation include:
- Medical expenses, including hospital care, surgeries, therapy, and medications.
- Lost wages and missed gig income while you are out of work.
- Pain and suffering for physical pain and emotional distress.
- Permanent disability, scarring, or reduced quality of life when long-term effects remain.
We document both current and future losses, including continued rehabilitation and reduced earning capacity. That way, your claim reflects the full impact, not just the first few weeks after the crash.
Florida’s No-Fault Insurance and Pedestrian Accidents
Florida uses a no-fault system for auto injuries. If you carry Personal Injury Protection, also known as PIP, it can cover a portion of your medical bills and lost income, even if a driver hits you while you are walking.
PIP typically pays up to $10,000, with 80 percent of medical bills and 60 percent of lost income. If injuries are severe, you can pursue the at-fault driver for the rest, including pain and suffering, once threshold requirements are met.
| Source | What it pays | Typical limits | Notes |
| Your PIP policy | Medical bills and a portion of lost income | Up to $10,000 | Usually, 80 percent of medical and 60 percent of wages |
| At-fault driver’s BI coverage | Medical, lost wages, pain and suffering, and more | Policy limits vary | Available if injuries exceed PIP or meet the injury threshold |
| Your UM/UIM coverage | Unpaid losses if the driver has no or low insurance | Policy limits vary | Often matches your bodily injury limits |
If PIP does not cover everything, a claim against the at-fault driver’s insurer can fill the gap. Uninsured or underinsured motorist coverage can also assist when the other driver has little to no coverage.
Time Limits for Filing a Pedestrian Accident Claim
Florida sets a deadline for filing injury lawsuits resulting from crashes. If you wait too long, the court can dismiss your case, and insurers will stop negotiating.
Deadlines to know:
- Two years from the accident date to file a lawsuit against the at-fault party, under Florida Statute § 95.11(3)(a).
- Two years for a wrongful death claim when a pedestrian is killed.
There may be shorter notice requirements for claims involving government entities. Reaching out soon helps protect your rights while the evidence is still fresh and accessible.
How a Pedestrian Accident Attorney Can Help
Pedestrian claims can become entangled with insurance rules, injury thresholds, and disputes over liability. Having someone in your corner levels the field and keeps your claim on track.
Here is what our team can do for you:
- Investigate the crash, secure video, and interview witnesses.
- Work with your doctors to document injuries and future treatment needs.
- Negotiate with insurers for fair payment of all losses.
- File suit and present your case in court if a fair settlement does not happen.
We also handle the day-to-day calls and paperwork that require a significant amount of energy. You focus on getting better while we advance your claim.
Seeking Justice and Fair Compensation? Contact Us Today!
At Zweben Law Group, we fight for injured pedestrians across Florida with care and determination. If you’re looking for straightforward answers and a plan tailored to your specific situation, please don’t hesitate to contact us at 772-223-5454 or visit our Contact Us page. We welcome your questions and offer a free consultation. No fees unless we win, and we are ready to go the extra mile for you.
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