Injured in a Florida Pedestrian vs Car Accident? Know Your Rights Now
Getting hit by a car as a pedestrian can turn your world upside down instantly. Pedestrian vs car accidents in Floridahappen far too often, leaving victims dealing with serious injuries, overwhelming medical bills, and complete uncertainty about what comes next.
We understand that being injured in a pedestrian accident can have a major impact on your life, and our team is ready to fight for you! When you're hurt in a car pedestrian accident, knowing your legal rights becomes essential for protecting your future. Pedestrian injury claims aren't like regular car accidents - they involve special legal considerations that can make or break your compensation.
Every decision you make after getting hit by a car matters. From figuring out who's at fault to documenting your injuries properly, each step either strengthens or weakens your case. Pedestrian accident cases demand specific knowledge of Florida's traffic laws and personal injury statutes to ensure you get the full compensation you deserve.
Don't get lost in all the confusion and paperwork. You need to know your rights as a pedestrian, how fault gets determined when cars hit pedestrians, what compensation you can claim, and the immediate steps that protect your interests. You don't have to face this challenging time alone - our experienced team will fight to get you the knowledge and legal support you need to make smart decisions about your recovery.
Understanding Your Rights as a Pedestrian in Florida
Florida law gives you specific protections as a pedestrian, but it also sets rules you need to follow. If you've been involved in a pedestrian vs car accident, knowing these rights can make the difference between getting fair compensation and getting nothing.
Legal protections for pedestrians
You have important protections under Florida law, even when you make mistakes. While pedestrians must obey traffic signals and control devices, drivers bear the ultimate responsibility to exercise "due care" to avoid hitting any pedestrian, regardless of the situation. This means drivers must stay alert, especially around children or anyone who seems confused or unable to protect themselves.
Florida law provides extra protection for vulnerable pedestrians. Drivers must come to a complete stop for visually impaired pedestrians using white canes or guide dogs, as well as for those with mobility problems using assistive devices. These special protections recognize that some pedestrians face higher risks and need additional safeguards.
Where drivers must yield
Drivers in Florida must yield to pedestrians in several key situations, especially at crosswalks. At marked crosswalks, drivers must stop and stay stopped when a pedestrian is in their half of the roadway or approaching from the opposite side close enough to be in danger.
Here's something most people don't know: unmarked crosswalks exist at nearly every intersection, even without painted lines. These invisible crosswalks connect sidewalks on opposite sides of streets and give you the same legal protections as marked ones. When another vehicle has stopped for a pedestrian at any crosswalk, other drivers cannot legally pass that stopped vehicle.
Common pedestrian accident scenarios
Most car pedestrian accidents happen because of predictable patterns. Driver negligence - including distracted driving, failing to yield at crosswalks, and backing without checking for pedestrians - causes nearly 24% of pedestrian accidents.
Pedestrian actions also lead to accidents with cars. These include crossing outside designated crosswalks (jaywalking), ignoring traffic signals, and suddenly entering traffic without giving drivers time to react. Children face particular dangers because they may dart into roads unexpectedly, especially around school buses, garbage trucks, or when neighbors back out of driveways.
The good news: Florida's comparative negligence system allows injured pedestrians to seek compensation even if your own actions contributed somewhat to the accident, as long as someone else's negligence was primarily responsible. You don't lose your right to compensation just because you weren't perfect.
How Fault Gets Determined When Cars Hit Pedestrians
Figuring out who's at fault after a pedestrian vs car accident means looking at what everyone involved did or didn't do. Florida law sets clear duties for both drivers and pedestrians, and liability usually comes down to who failed to meet their responsibilities.
Driver Negligence and Traffic Violations
Drivers get blamed for most pedestrian accidents when they act carelessly or recklessly. The most common forms of driver negligence include distracted driving (like texting), speeding, running red lights, and failing to yield at crosswalks. Drunk or impaired driving makes pedestrian injuries much more likely and almost always leads to driver liability.
Here's what many people don't realize: Florida law requires all drivers to "exercise due care to avoid colliding with any pedestrian." This means staying alert and cautious, especially where pedestrians are common. Even if a pedestrian breaks the rules, drivers still must try to avoid hitting them if possible.
When You as a Pedestrian Can Be At Fault
Drivers aren't the only ones with responsibilities. Pedestrians must follow traffic laws too. You might be considered partially or fully responsible for an accident if you:
Cross outside designated crosswalks (jaywalking)
Ignore traffic signals or cross against a "Don't Walk" sign
Suddenly dart into traffic without giving drivers time to react
Walk while distracted (texting) or impaired by alcohol or drugs
Walk in areas where pedestrians aren't allowed, like certain highways
Your actions can definitely impact how much compensation you receive and might even make you liable for the accident.
How Florida's Fault System Works
Since 2023, Florida uses a modified comparative negligence system. Your compensation gets reduced by whatever percentage of fault you carry. But here's the key part - if you're found more than 50% responsible, you can't recover anything.
Let's say your total damages equal $100,000 and you're determined to be 20% at fault because you were looking at your phone while crossing. Your compensation drops to $80,000. The system splits blame based on what each person contributed to the accident.
Evidence That Proves Who's At Fault
Proving fault requires serious investigation and solid evidence. We know insurance companies will try to shift blame onto you to pay less, so gathering strong evidence becomes crucial to your case. The key evidence includes:
Police reports showing what happened and any traffic violations
Witness statements from people who saw the accident
Surveillance or traffic camera footage of the crash
Photos of the accident scene, skid marks, and vehicle damage
Medical records documenting your injuries
Trust us to be prepared and fight for your right to receive full compensation. We know how to gather the evidence needed to prove your case and hold the responsible parties accountable.
What Compensation You Can Claim After an Accident
The financial impact of a pedestrian vs car accident can be devastating. Medical bills pile up fast, you can't work, and you're dealing with pain that affects every part of your life. Florida law allows injured pedestrians to seek several types of compensation to help you get back on your feet.
Medical expenses and ongoing care
Your Personal Injury Protection (PIP) insurance typically covers 80% of your initial medical expenses up to $10,000. This covers:
Emergency room treatment and surgeries
Hospital stays and rehabilitation
Follow-up medical appointments
Physical therapy and recovery services
For severe injuries that exceed PIP limits, you can pursue claims against the at-fault driver's insurance. Catastrophic injuries often require ongoing medical care for months or years, creating substantial long-term expenses that need to be part of your claim.
Lost wages and future income
PIP coverage generally pays approximately 60% of lost wages during your recovery period. But that's just the beginning. You may also claim compensation for:
Immediate lost income from time off work
Future earning capacity if your injuries affect your ability to work
Documentation needed: timecards, W-2s, or tax returns
Self-employed individuals can also recover lost income with proper documentation
Pain, suffering, and emotional distress
Beyond your actual expenses, you deserve compensation for how this accident has affected your life. Pain and suffering often makes up the majority of settlements - in one case, it represented 88% of the total amount. To qualify for these damages in Florida, you must meet the "permanent injury" threshold.
These damages address:
Physical pain and discomfort
Emotional distress and anxiety
Loss of enjoyment in life activities
Wrongful death claims for families
When a pedestrian accident results in death, surviving family members can pursue wrongful death claims. These claims cover funeral expenses, lost wages, medical costs, and non-economic damages like loss of companionship and emotional support. These claims must be filed by the personal representative of the deceased's estate.
If you have been injured in an accident and need an attorney, call Pittman Law Firm, P.L. today for a free consultation.
Steps to Take Immediately After a Pedestrian Accident
Time matters after getting hit by a car. The steps you take right after a pedestrian vs car accident can make or break your health recovery and legal case. Here's exactly what you need to do to protect yourself physically and legally.
Seek medical attention and report the accident
Call 911 immediately, even if you think your injuries are minor. Many serious injuries don't show symptoms right away. Florida law requires you to see a doctor within 14 days to qualify for PIP insurance coverage. Miss this deadline and you could lose thousands in medical benefits.
Report the accident to police - this creates the official record you'll need for your claim. For accidents on Florida highways, you must submit a written report to the Florida Highway Patrol within ten days.
Document the scene and gather witness info
Start taking pictures immediately if you're able to:
The vehicle that hit you
Your visible injuries
Traffic signals and crosswalks
Skid marks and debris
Street conditions and lighting
Get contact information from anyone who saw what happened. These witnesses can make the difference between winning and losing your case. Keep any damaged clothing or personal items - don't throw anything away until your attorney reviews them.
Notify your insurance provider
Contact your insurance company promptly - most policies require immediate notification. But here's the thing: let your attorney handle these conversations to protect your interests. Even as a pedestrian, your own auto insurance may provide benefits through PIP or MedPay coverage.
Consult a pedestrian accident attorney
Don't give any statements to insurance companies or accept settlement offers without legal representation. Insurance companies will try to pay you as little as possible, and what they offer first is rarely what your case is actually worth.
An experienced attorney will preserve critical evidence, handle tough negotiations, and identify every source of compensation available to you. If you have been injured in an accident and need an attorney, call Pittman Law Firm, P.L. today for a free consultation.
Don't Face This Difficult Journey Alone
Pedestrian accidents can change everything in a split second. You now know the crucial protections Florida law gives pedestrians, how fault gets determined, what compensation you can fight for, and the immediate steps that protect your rights.
Remember - Florida's comparative negligence system means you can still seek compensation even if you made some mistakes, though your recovery might be reduced. The aftermath of getting hit by a car brings physical pain, emotional distress, and overwhelming financial pressure. This is exactly when having the right legal representation makes all the difference in your case outcome.
We treat every case like we were handling it for a family member. The insurance companies will try to minimize your claim or shift blame onto you as the pedestrian. Don't let them take advantage of you during this vulnerable time.
Insurance claims and legal proceedings can feel overwhelming when you're trying to recover from serious injuries. But taking prompt action protects your rights and strengthens your case. Pedestrian accident cases involve complex legal considerations that require someone who truly understands Florida's laws and will fight for you personally.
At our firm, you are more than just another case number. We'll handle the legal battle while you focus on what matters most - getting better and rebuilding your life. We work on a contingency fee basis, meaning there is no fee unless we win your case.
If you have been injured in an accident and need an attorney, call Pittman Law Firm, P.L. today for a free consultation.
Key Takeaways
If you've been injured in a Florida pedestrian vs car accident, understanding your legal rights and taking immediate action can significantly impact your recovery and compensation.
• Seek medical attention within 14 days - Florida law requires seeing a doctor within this timeframe to qualify for PIP insurance coverage, even if injuries seem minor.
• Document everything immediately - Take photos of the scene, injuries, vehicles, and gather witness information to strengthen your case and establish fault.
• You can still recover compensation even if partially at fault - Florida's modified comparative negligence system allows recovery unless you're more than 50% responsible for the accident.
• Multiple compensation sources are available - Beyond medical expenses, you may claim lost wages, pain and suffering, and future income loss through PIP insurance and liability claims.
• Consult an attorney before speaking with insurance companies - Legal representation protects your interests during negotiations and helps identify all available compensation sources.
Remember that drivers have a legal duty to exercise "due care" to avoid pedestrian collisions, regardless of circumstances. Even if you contributed to the accident through jaywalking or distraction, you may still be entitled to significant compensation for your injuries and losses.
FAQs
Q1. What rights do pedestrians have in Florida? Pedestrians in Florida have specific legal protections. Drivers must yield to pedestrians in crosswalks and exercise due care to avoid collisions. However, pedestrians also have responsibilities, such as obeying traffic signals and using designated crosswalks when available.
Q2. How is fault determined in a pedestrian-car accident in Florida? Fault in pedestrian-car accidents is determined by examining the actions of both parties. Factors considered include driver negligence, pedestrian behavior, traffic laws violated, and evidence from the scene. Florida follows a modified comparative negligence system, where compensation can be reduced based on the pedestrian's percentage of fault.
Q3. What types of compensation can I claim after a pedestrian accident in Florida? You may be eligible to claim various types of compensation, including medical expenses, lost wages, pain and suffering, and future income loss. In severe cases, you can pursue claims beyond the initial Personal Injury Protection (PIP) coverage limits against the at-fault driver's insurance.
Q4. What should I do immediately after being hit by a car as a pedestrian? Seek medical attention promptly, even if injuries seem minor. Call the police to report the accident, document the scene with photos, gather witness information, and notify your insurance provider. It's also advisable to consult with a pedestrian accident attorney before giving statements to insurance companies.
Q5. Can I still receive compensation if I was partially at fault for the pedestrian accident? Yes, under Florida's modified comparative negligence system, you can still receive compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault, and you cannot recover damages if you're found to be more than 50% responsible for the accident.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm, P.L.