Pedestrian Accident Claims in Florida: Your Rights

Pedestrians have no protection in a collision — Florida law still lets you recover even if you weren't in a crosswalk.

Pedestrian accidents tend to cause some of the most severe injuries on Florida roads. Understanding your rights — including Florida's comparative negligence rule — is essential to protecting your claim.

Florida's comparative negligence rule

Florida law allows an injured pedestrian to recover damages even if they were partly at fault for the accident — for example, crossing outside a marked crosswalk. Your compensation is simply reduced by your percentage of fault.

Who is typically liable

In most pedestrian accidents, the driver is at fault for failing to yield, distracted driving, speeding, or ignoring a crosswalk signal. Liability can also extend to a municipality if poor road design or missing signage contributed to the crash.

Why pedestrian injuries tend to be severe

With no seatbelt, airbag, or vehicle frame for protection, pedestrians struck by cars often suffer broken bones, traumatic brain injuries, spinal cord damage, and internal injuries requiring extensive treatment.

What to do after being hit as a pedestrian

Call 911 and get medical care immediately, even if you feel able to walk away.
Get the driver's license plate, insurance, and contact information if possible.
Identify any witnesses and ask for their contact information.
Request the police report once it becomes available.

Dealing with insurance companies

Insurers often try to shift blame onto the pedestrian to reduce a payout. An attorney can push back on unfair fault allocations and pursue full compensation for medical bills, lost income, and pain and suffering.

Talk to someone free — no obligation

Florida Injury Team connects you at no cost with an experienced Florida injury firm that handles the rest.

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FAQ

Frequently Asked Questions

Can I still recover damages if I wasn't in a crosswalk?

Yes, though it may affect the case. Florida is a comparative negligence state, meaning you can still recover damages reduced by your percentage of fault, even if you were partially responsible.

What if the driver who hit me fled the scene?

Hit-and-run pedestrian accidents may be covered under your own uninsured motorist policy, or that of a household member, even if the at-fault driver is never identified.

How severe are pedestrian accident injuries typically?

Pedestrians have no protection in a collision with a vehicle, so injuries are often severe, including fractures, traumatic brain injury, and spinal cord damage.