Being hit by a car as a pedestrian can be quite disorienting, and not just because of the injury. The medical decisions, insurance calls, and questions about a legal claim can stack up fast.
On top of those pressing issues, Florida recently shortened its filing deadline. You need to act quickly after an accident to preserve your ability to file a claim. Insurers may also try to fault you for the accident based on where you crossed the street or the color of your clothing. Those factors do not automatically prevent you from having a case.
Let our Florida pedestrian accident lawyers handle your case and the legal proceedings. We have successfully managed thousands of personal injury claims across the state, including pedestrians struck by moving vehicles. Our personal injury firm knows how to advocate for you, especially when insurance companies try to shift the blame.
What Is a Pedestrian Accident Personal Injury Claim?
A pedestrian accident personal injury claim is how you can pursue compensation when hit by a motor vehicle. The focus is on what happened, who is responsible, and how the injuries have affected your life.
In Florida, a pedestrian includes more than just someone walking. The law also covers people using:
Wheelchairs
Rollerblades
Skateboards
If you were hit while using any of these, you have protections under Florida law.
How Do I Know If I Have a Pedestrian Accident Case in Florida?
Not every accident turns into a case, but many do. The question is whether someone’s actions contributed to what happened.
A personal injury lawyer determines if you have a case by looking at three basic elements:
Duty of care: Did someone have a responsibility to act safely around you?
Breach: Did they fail to meet that responsibility?
Causation: Did that failure lead to your injuries?
In general, drivers have a duty to watch for pedestrians and follow traffic laws. A breach can involve things like distracted driving, impaired driving, speeding, or failing to yield at a crosswalk. Causation then connects that behavior to the harm you suffered.
Sometimes the breach and causation are not clear. For example, in situations where you were outside a marked crosswalk, wearing dark clothing, or using headphones, the driver may say they did not breach their duty and push the blame on you.
However, that does not automatically prevent you from moving forward. An experienced pedestrian accident lawyer from Uriarte Law can help you collect evidence showing breach and causation.
What to Do After Being Hit by a Car in Florida
After a crash, what you do next can affect both your recovery and your case. Here are a few things to prioritize:
Get medical care as soon as possible. Even if you feel okay, some injuries take time to show up. A medical evaluation creates a record of what happened and helps catch issues early.
Document what you can. If you’re able, take photos of the scene, the vehicle, and your injuries. Try to get contact information from witnesses and note anything that helps show how the crash happened.
Keep all records and information. Save medical records, bills, receipts, and any communication related to the crash. This helps show how the injury has affected you.
Be careful when speaking with insurance companies. The other driver’s insurer may reach out quickly. You’re not required to give a recorded statement or accept an early offer.
Also, consider contacting a personal injury lawyer before making decisions. A law firm can step in to handle communication, review what happened, and help you understand your options moving forward.
Why Choose Uriarte Law for Your Florida Pedestrian Accident Case?
Uriarte Law is built on client-attorney relationships. That sounds simple, but it shapes everything about how we have handled our 10,000+ successful cases and how we will handle your pedestrian accident claim.
A Client-First Firm
When you call us, we listen. Our Florida pedestrian accident attorneys can walk you through what Florida law says about your situation and what your options look like for moving forward.
We offer free consultations, work in English and Spanish, and answer the phone around the clock. Through The URIARTE Foundation, we give back to the communities we serve, because representation and community service belong together.
Client Testimonials
“The lawyer [Lisa Ramos] was incredibly professional and dedicated to my case. Her clear communication and empathy made me feel supported during a difficult time. Her experience and problem-solving skills were instrumental in achieving a favorable outcome. I highly recommend her.” — Yosibel L.
“Gabriela has been a wonderful being of light amidst all this trauma—psychological, mental, and extremely painful—caused by this accident in which I fractured my right ankle in two places. Thank you so much for your support. May God watch over you all. Thank you so much. I also want to thank Edén, Estrella, and the entire Uriarte Law team. Health and life to all. May God and all beings of light bless and protect you.” — Solimar C.
“This law attorney is the greatest. The people are awesome very hospitality and take care of business the way you’re supposed to be done. I will recommend anybody to go with this law firm.” — Anthony A.
The Governors Highway Safety Association (GHSA) has reported that Florida saw 713 pedestrian deaths in 2024. While this figure is a drop from the previous year, the state’s fatality rate remains well above the national average.
Not only does Florida rank third for the most pedestrian fatalities nationwide, but it is also within the top ten states for pedestrian deaths per 100,000 people. Here are a few factors that contribute to these high fatality rates.
Distracted and Impaired Driving
When a driver’s attention is not on the road, pedestrians are at risk. Activities like texting, using a phone, adjusting navigation, or eating can take a driver’s focus away long enough to miss someone crossing.
Impairment affects driving in a different way. Alcohol, drugs, and certain medications can slow reaction time and affect judgment, increasing the distance between noticing a pedestrian and stopping safely.
In a claim, evidence of distraction or impairment may help show how the crash happened and support a finding of negligence. This evidence can include phone records, video footage, or results from a DUI investigation.
Failure to Yield at Crosswalks
The Federal Highway Administration reports that crashes with pedestrians happen far more often with turning vehicles than with vehicles going straight through an intersection. The driver’s focus tends to stay on vehicle traffic, while the crosswalk is overlooked.
Fla. Stat. § 316.130 sets a clear duty for drivers to yield to pedestrians in crosswalks. When a driver fails to do so, that violation is often part of how responsibility is evaluated.
The underlying pattern is usually the same. Wide roads, long distances between signalized crosswalks, missing sidewalks, and high posted speed limits create conditions where a pedestrian has no safe way to cross.
When road design itself contributes to a crash, a claim may extend beyond the driver to include a municipality or the Florida Department of Transportation.
Common Injuries in Pedestrian Accident Cases
When a person on foot is hit by a motor vehicle, there is little to absorb the impact. Without the protection of a vehicle, the human body takes the full force of the collision. As a result, injuries in these cases are often serious and can affect multiple parts of the body.
Common injuries that show up in pedestrian accident cases include:
Traumatic brain injuries
Broken bones, especially fractures in the legs, ankles, and feet
Spinal cord injuries that affect mobility permanently
Internal bleeding that may not show up in the emergency room
Pelvic fractures, which can be catastrophic for older adults
Facial and dental injuries
Significant soft tissue damage
These injuries can require ongoing care and may affect your ability to work, move freely, or return to your normal routine.
What Compensation Can I Recover in a Florida Pedestrian Accident Case?
Florida recognizes both economic and non-economic damages in pedestrian injury cases. Economic damages cover the provable financial costs of the accident, including:
Emergency treatment
Hospitalization and surgery
Rehabilitation and physical therapy
Prescription medications
Durable medical equipment
Past lost wages
Future lost wages
Loss of earning capacity, if your injury prevents you from returning to your prior work
These damages are supported with records, including medical bills, pay stubs, tax returns, and vocational evaluations.
Non-economic damages cover losses that are harder to calculate, such as:
Physical pain
Emotional distress
Loss of enjoyment of life
Loss of consortium for a spouse
An attorney can help build the non-economic case from medical records, the client’s own testimony, and statements from family members, friends, and coworkers who saw the difference between the client’s life before and after the crash. The goal is to make the human cost legible to an adjuster or a jury.
Wrongful Death Compensation in Fatal Pedestrian Cases
When a pedestrian dies after a crash, a wrongful death claim may be filed on behalf of the surviving family. Florida law outlines who can recover and the types of damages available.
Compensation may include:
Spouse: Loss of companionship, mental pain and suffering, and loss of support
Children: Loss of parental guidance, plus mental pain and suffering
Parents (in some cases): Mental pain and suffering
Estate: Medical expenses, funeral costs, and lost income
Fla. Stat. § 768.21 defines who can recover compensation based on the family situation and their relationships.
How Do Florida Pedestrian Accident Claims Work?
Most pedestrian cases move through a recognizable path:
The crash and immediate response
Medical treatment and ongoing care
Investigation into what happened
Gathering evidence and documenting injuries
Presenting a claim to the insurance company
Negotiating toward a resolution
Settlement or, if needed, filing a lawsuit
The timeline for this process depends on the facts of each case. For example, claims with clear liability and moderate injuries can resolve in a matter of months. However, cases with serious injuries, disputed fault, multiple defendants, or trials typically can take much longer.
How Hit-and-Run Pedestrian Cases Are Handled
According to the GHSA, hit-and-runs make up 25% of all pedestrian accident fatalities nationwide. In Florida specifically, pedestrians and bicyclists made up 76% of the state’s hit-and-run fatalities in 2023.
Such cases can seem hopeless, since you can’t collect the driver’s information. However, an experienced attorney can work with investigators, pull surveillance from nearby businesses, trace vehicle debris, and coordinate with law enforcement. In many cases, your case can still move forward without a named defendant.
Accidents in Parking Lots and on Private Property
Parking lot and private-property pedestrian cases often become complicated because more than one party may share fault. The driver usually serves as the first defendant, but the property owner or commercial tenants may also bear liability for:
Low lighting
Missing signage
Absent speed bumps
Poorly designed pedestrian walkway
These cases may involve a premises liability analysis running alongside the driver-negligence claim, which means more moving parts and more potential sources of recovery. An attorney can help you identify potential defendants before you decide how to proceed.
Who Has the Right of Way: Pedestrians or Drivers?
The right of way depends on where the pedestrian is and how the situation unfolds. In many common scenarios, Florida law requires drivers to yield.
Under Fla. Stat. § 316.130, pedestrians generally have the right of way in crosswalks, both marked and unmarked, at intersections. That means drivers must slow down and allow the pedestrian to cross safely.
Drivers are also expected to yield at:
Crosswalks at intersections or mid-block crossings
Intersections without painted crosswalks (these still count under the law)
Sidewalks that cross driveways
Parking lots, where pedestrians are commonly present
A turn across a crosswalk that someone is already using
At the same time, pedestrians are expected to use reasonable care and not step into traffic in a way that creates an immediate hazard. Even then, drivers still have a duty to stay alert and avoid a collision when possible.
Florida law also recognizes that some situations require extra caution. Drivers must use greater care around children, older adults, and anyone who appears disoriented near the road.
What If I Was Partially at Fault for the Accident?
It’s normal to wonder if something you did contributed to the crash. Insurance adjusters often raise that issue early, since shifting blame to the pedestrian can reduce what they have to pay. That’s why it helps to understand how Florida law actually works.
Florida follows a modified comparative negligence rule under Fla. Stat. § 768.81. You can recover compensation if you are 50% or less at fault, but your recovery is reduced by your share of fault. If you are found to be more than 50% at fault, you cannot recover any compensation.
For example, if a pedestrian is found 30% at fault and the driver 70%, a $100,000 claim would be reduced to $70,000.
In pedestrian cases, fault on the pedestrian’s side may involve situations like:
Crossing outside a crosswalk (sometimes called jaywalking)
Entering the road suddenly without enough time for a driver to react
Ignoring traffic signals or crossing against a light
Walking along a roadway where a sidewalk is available
Being difficult to see due to lighting or visibility conditions
Keep in mind that fault is not always immediately clear, and early insurance opinions about who is to blame are not final. At Uriarte Law, we look at the full picture, including scene evidence, witness statements, and any available footage, to understand what actually happened before any decisions are made.
How Long Do I Have to File a Pedestrian Accident Claim in Florida?
In 2023, Florida’s statute of limitations for personal injury was cut from four years to two years under Fla. Stat. § 95.11.
Here is what that means in practice. If your pedestrian accident happened on or after March 24, 2023, you have two years from the date of the crash to file a lawsuit. If your accident happened before March 24, 2023, the old four-year window still applies. Wrongful death claims arising from a pedestrian fatality have their own two-year timeline starting from the date of death, not the accident.
Even though two years may sound like a long time, it can pass by quickly. Medical treatment alone can take months or even a year to measure the full value of the case. The investigation, records collection, demand letters, and negotiation can add more time.
By the time a case is ready to file suit, the two-year window is often closer than clients realize. Reach out to an attorney as soon as possible.
What to Look for in a Florida Pedestrian Accident Lawyer
Choosing a lawyer after a pedestrian accident is an important step. The right fit can make the process easier to understand and even protect your right to fair compensation. Here are a few things to look for:
Experience with pedestrian accident cases: These cases often involve serious injuries and unique legal issues. Familiarity with how they are handled can make a difference.
Clear communication: You should be able to understand what’s happening in your case. Look for someone who explains things in plain language and keeps you informed.
Ability to handle the full process: This includes dealing with insurance companies, gathering evidence, and, if needed, taking the case through the court process.
A thorough approach to investigation: Strong cases are built on details, such as police reports, medical records, witness statements, and how the crash occurred.
Free consultation: Many firms offer a free consultation so you can ask questions and understand your options before deciding how to move forward.
Take the time to find the right lawyer. When you have an experienced law firm on your side, it can make a difference in how your claim moves forward and what compensation becomes available.
Were You Hit by a Car? Talk to a Florida Pedestrian Accident Lawyer Today
If you or a loved one was hit by a car, you’re probably dealing with more than just the injury. Medical bills, time away from work, and questions about what to do next can add up quickly.
You don’t have to figure it out on your own. The legal team at Uriarte Law is here to help advocate for you.
We offer free consultations, so you can ask questions and get clear answers about your situation. Call us at 305-503-5636 or fill out our contact form.
Written By Alex Uriarte
Founder / Managing Partner
Alejandro Uriarte is the founding attorney of Uriarte Law, a Miami-based personal injury firm with over 12 years of experience and more than 10,000 cases successfully handled across Florida and Texas. He earned his Juris Doctor from Barry University and has built his career representing clients injured in car, truck, motorcycle, rideshare, bicycle, and pedestrian accidents, as well as slip and fall and premises liability cases. Alejandro’s mission is straightforward: maximize every client’s recovery and ensure they have direct access to their attorney, full transparency, and fierce representation from start to finish.
