Pedestrian Accident Claims in Florida: Your Legal Rights
Introduction
Pedestrian accidents can result in serious injuries, leaving victims with medical bills, lost wages, and long-term recovery challenges. In Florida, pedestrians have the right to seek compensation if they are hit by a vehicle due to a driver’s negligence. Understanding the claims process and legal options is essential for securing financial recovery.
This guide explains how pedestrian accident claims work in Florida, who may be held liable, and what steps victims should take to protect their rights.
Common Causes of Pedestrian Accidents
Pedestrian accidents are often caused by driver negligence, poor road conditions, or failure to follow traffic laws. Some of the most common causes include:
- Distracted driving, such as texting or using a phone
- Speeding in residential areas or near crosswalks
- Failure to yield to pedestrians at intersections
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Poorly marked crosswalks or obstructed visibility
Pedestrians can also contribute to accidents by crossing outside of designated areas or failing to follow traffic signals. However, even if a pedestrian is partially at fault, they may still be eligible for compensation under Florida’s comparative negligence laws.
Who Is Liable in a Pedestrian Accident?
Determining liability depends on the circumstances of the accident. The following parties may be held responsible:
- The driver, if they were speeding, distracted, or otherwise negligent
- A government agency, if poor road design or missing crosswalks contributed to the accident
- A business or property owner, if their negligence created unsafe conditions near pedestrian walkways
If multiple parties share fault, an attorney can help determine the best course of action for pursuing compensation.
Steps to Take After a Pedestrian Accident
Taking the right steps after a pedestrian accident can strengthen your claim and ensure you receive the compensation you deserve.
Seek Medical Attention Immediately
Even if injuries seem minor, seeing a doctor is crucial. Some injuries, like concussions or internal bleeding, may not show symptoms right away. Medical records also serve as key evidence in your claim.
Call the Police and File a Report
A police report provides an official record of the accident, documenting important details such as driver statements, witness accounts, and whether traffic laws were violated.
Gather Evidence at the Scene
If possible, collect the following:
- Photos of the accident scene, including traffic signals, crosswalks, and vehicle damage
- Contact information for witnesses who saw what happened
- The driver’s name, license plate, and insurance details
Avoid Speaking with the Insurance Company Without Legal Advice
Insurance adjusters may try to minimize your claim or argue that you were at fault. It is best to consult with an attorney before providing a statement.
Contact a Pedestrian Accident Attorney
An experienced attorney can evaluate your case, negotiate with the insurance company, and help you seek full compensation for your injuries.
What Compensation Can Pedestrian Accident Victims Recover?
Pedestrians injured in an accident may be entitled to various forms of compensation, including:
- Medical expenses, including hospital stays, surgeries, and rehabilitation
- Lost wages if the injury prevents them from working
- Pain and suffering, covering both physical pain and emotional distress
- Permanent disability or loss of quality of life if the injury results in long-term impairments
The amount of compensation depends on factors such as the severity of injuries, liability disputes, and available insurance coverage.
Florida’s No-Fault Insurance and Pedestrian Accidents
Florida follows a no-fault insurance system for car accidents, which means that injured pedestrians may first need to file a claim through their own personal injury protection (PIP) insurance, if they have a policy.
PIP covers:
- Up to $10,000 in medical expenses and lost wages
- 80 percent of medical bills and 60 percent of lost income
If the injuries are severe and exceed PIP limits, the victim may file a claim against the at-fault driver’s insurance for additional compensation.
Time Limits for Filing a Pedestrian Accident Claim
Florida law imposes a statute of limitations for personal injury claims. Victims have:
- Two years from the date of the accident to file a lawsuit against the at-fault party
- Two years for wrongful death claims if a pedestrian is killed in an accident
Failing to file within the deadline may result in losing the right to seek compensation.
How a Pedestrian Accident Attorney Can Help
Navigating a pedestrian accident claim can be complicated, especially when dealing with insurance companies and liability disputes. An attorney can:
- Investigate the accident and gather crucial evidence
- Work with medical experts to document injuries and future treatment costs
- Negotiate with the insurance company to secure fair compensation
- Represent the victim in court if a settlement cannot be reached
At Bonderud Law, we have experience handling pedestrian accident claims and fighting for the rights of injured victims. If you or a loved one has been hit by a vehicle, contact us today for a free consultation.
Conclusion
Pedestrian accidents can lead to severe injuries and financial hardships, but victims have the right to pursue compensation. Understanding liability, gathering strong evidence, and seeking legal guidance can improve the chances of a successful claim.
If you have been injured in a pedestrian accident, taking immediate action and consulting with an experienced attorney can help you recover the damages you deserve.
