Pedestrian Accident in Florida

About Pedestrian Accident Claims in Florida

When a vehicle hits a pedestrian, the pedestrian is almost always seriously hurt. Even at 25 mph, the impact can cause fractures, internal injuries, and traumatic brain injury. Medical costs escalate quickly and recovery often takes months or years.

The legal question usually centers on right of way — was the pedestrian in a crosswalk? Was the driver paying attention? Was the pedestrian jaywalking? Comparative fault rules determine how shared responsibility affects the claim. In most states, jaywalking reduces but doesn't eliminate recovery.

A surprisingly common issue in pedestrian cases is hit-and-run or uninsured drivers. The pedestrian's own auto insurance — specifically uninsured/underinsured motorist (UM/UIM) coverage and medical payments (MedPay) coverage — often becomes the primary source of recovery. Many people don't realize their auto policy covers them as a pedestrian.

How Florida Law Affects Pedestrian Accident Claims

Florida switched from pure comparative fault to modified comparative fault in 2023. Recovery is now barred if the injured person is 51% or more at fault.

Florida is a no-fault state. PIP ($10,000) is required. To step outside no-fault and sue for pain and suffering, the injury must meet a severity threshold.

In Florida, the statute of limitations for personal injury claims is 2 years from the date of injury (changed from 4 years in 2024). For claims against government entities: Written notice within 3 years for state claims, 180 days to 4 years for local government depending on entity.

Damage caps: No general cap on personal injury damages. Medical malpractice caps were struck down as unconstitutional.

Common Issues in Florida Pedestrian Accident Cases

• Right-of-way disputes — crosswalk vs. jaywalking
• Driver distraction — texting, navigation, or not looking for pedestrians
• Hit-and-run situations where the driver is never identified
• Uninsured or underinsured drivers
• Severe injuries from even low-speed impacts
• Visibility factors — dark clothing, nighttime, poorly lit areas

State-Specific Factors in Florida

• Crosswalk and right-of-way rules
• Comparative fault system — how jaywalking or pedestrian distraction affects recovery
• UM/UIM coverage requirements and availability
• No-fault vs. at-fault auto insurance — affects which insurance pays first
• Statute of limitations for the filing deadline

Compensation in Florida Pedestrian Accident Cases

• Medical expenses — typically high due to injury severity
• Lost wages and loss of earning capacity
• Pain and suffering — often substantial
• Future medical costs — TBI and orthopedic injuries often require long-term care
• Disability accommodations and home modifications

What to Do After a Pedestrian Accident in Florida

• Call 911 immediately — pedestrian injuries require emergency evaluation
• Do not refuse the ambulance — internal injuries may not be apparent
• If conscious, try to note the vehicle description, plate number, and direction of travel
• Get witness contact information
• Report to police and get a copy of the report
• Check your own auto insurance for UM/UIM and MedPay coverage