Florida Pedestrian Injury Claims

Florida Pedestrian Accident Lawyer

Hit by a vehicle while walking in Florida? The Nunez Law Firm investigates fault, preserves time-sensitive evidence, reviews available insurance, and documents serious injuries and financial losses

Legal Help After a Pedestrian Crash

What does a Florida pedestrian accident lawyer do?

Florida’s Wrongful Death Act defines “survivors” as the decedent’s spouse, children, parents, and certain blood relatives or adoptive brothers and sisters who were partly or wholly dependent on the decedent for support or services. For purposes of the Act, “minor children” means children under 25 years old

Key issues to review

Crosswalk & signal rules

Driver & pedestrian rules

PIP & liability

UM/UIM coverage

Medical records

Lost income & future losses

Investigate liability, insurance, and the full effect of the injuries

A pedestrian accident lawyer can investigate how the collision happened, preserve available video and witness evidence, identify responsible parties and insurance coverage, document medical and financial losses, and handle negotiations or litigation when appropriate.
Early review can be especially useful after a serious injury, disputed fault, hit-and-run crash, or when evidence may disappear

Common Pedestrian Crashes

Pedestrian accident cases we investigate across Florida

Crosswalk accidents

A driver fails to stop or yield as required while a pedestrian is crossing under the applicable signal, sign, or crosswalk rule

Intersection crashes

Turning drivers may focus on vehicle traffic and fail to detect a pedestrian entering or using a crosswalk

Parking lots and driveways

Backing vehicles, blind corners, entrances, exits, and delivery traffic can cause serious pedestrian injuries

Distracted or speeding drivers

Phone use, inattention, excessive speed, delayed braking, or failure to keep a proper lookout may affect liability

Drunk or impaired drivers

Alcohol or drug impairment may affect perception, reaction time, braking, and vehicle control

Hit-and-run and uninsured drivers

When a driver leaves or has inadequate insurance, identifying the vehicle and reviewing other available coverage becomes critical

Evidence

Evidence that can strengthen a Florida pedestrian claim

scene photographs showing the crosswalk, signals, lighting, vehicle position, and roadway conditions;
surveillance, dashcam, doorbell, rideshare, fleet, or other available video;
witness identities, contact information, and testimony;
vehicle damage and other physical evidence from the collision;
signal timing, lane markings, sight lines, and relevant traffic controls.

Documents

What records support a pedestrian accident claim?

Medical documentation

Medical records, imaging, diagnoses, bills, treatment recommendations, and documented future care help establish the nature and extent of the injuries

Income and financial records

Wage statements, employment records, tax documents when relevant, and work restrictions can help document accident-related financial loss

Crash report

Florida Law & Insurance

Florida rules that can affect a pedestrian injury claim

Liability does not depend on a single fact such as whether the pedestrian was inside a painted crosswalk. Traffic controls, location, driver conduct, pedestrian conduct, insurance, and the injuries all matter

Crosswalks and right of way

Florida § 316.130 sets duties for both pedestrians and drivers. Depending on signals, signage, and location, a driver may have to stop or yield for a pedestrian in a crosswalk. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles. Drivers must still exercise due care to avoid colliding with pedestrians.

Florida Statute § 316.130

Comparative fault

Florida § 768.81 can reduce damages according to the injured person’s percentage of fault. In a negligence action to which the statute applies, a party found greater than 50% at fault for his or her own harm may not recover damages

Florida Statute § 768.81

PIP can apply to pedestrians

Depending on vehicle ownership and household coverage, PIP may come from the pedestrian’s own applicable policy or another policy with statutory priority. In certain circumstances, a Florida resident who does not own a vehicle requiring PIP and is not otherwise entitled to PIP may receive benefits from the insurer of the vehicle that physically struck the pedestrian. Qualifying initial medical care generally must begin within 14 days for PIP medical benefits

Florida Statute § 627.736

Filing deadlines

For negligence causes of action accruing after March 24, 2023, Florida generally provides a two-year limitations period. Wrongful death actions are also generally within the two-year category. Government claims and other circumstances may involve separate notice requirements or deadline rules.

Florida Statute § 95.11

Florida Statute § 768.28

Explore Related Topics

For broader motor-vehicle claim information, see Florida Car Accident Lawyer . For insurance issues involving an uninsured or underinsured driver, see the Florida UM/UIM Coverage Guide

Injuries & Damages

What losses can a Florida pedestrian accident claim include?

Recoverable damages depend on liability, insurance coverage, medical evidence, comparative fault, financial losses, future needs, and the legal rules that apply to the claim

Serious pedestrian injuries

traumatic brain and head injuries;
spinal cord and back injuries;
hip, leg, arm, and other fractures;
internal injuries;
orthopedic injuries requiring surgery;
scarring or disfigurement;
permanent impairment or mobility limitations

Documented accident-related losses

emergency and hospital treatment;
surgery, rehabilitation, and therapy;
reasonably supported future medical care;
lost wages and income loss;
reduced earning capacity when proven;
legally recoverable noneconomic damages;
other supported economic losses

What if the driver fled or lacked enough insurance?

A hit-and-run or uninsured-driver claim can require prompt investigation and review of every potentially applicable policy. UM/UIM may be available if the pedestrian qualifies as an insured under a policy, subject to its terms, limits, and any valid coverage selection or rejection. See the Florida UM/UIM Coverage Guide

What if the pedestrian accident is fatal?

Florida wrongful death claims require a separate analysis. The personal representative brings the action for the benefit of the survivors and estate. Recoverable damages depend on Florida’s Wrongful Death Act and the relationships involved.

Florida Statute § 768.20 Florida Statute § 768.21

When are pain and suffering damages available?

In motor-vehicle claims governed by Florida § 627.737, noneconomic damages generally require one of the statutory injury categories: significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability; significant and permanent scarring or disfigurement; or death

Florida Statute § 627.737

How We Help

How The Nunez Law Firm handles a pedestrian accident claim

Our Process

Review the crash and immediate priorities

We identify urgent medical, evidence-preservation, insurance, and filing issues.

Investigate liability

We investigate disputed liability and preserve relevant evidence.

Review coverage and document losses

We examine applicable insurance and organize medical, wage, future-care, and other supported damages evidence.

Negotiate or prepare for litigation

We address liability and damages disputes, evaluate settlement positions, and prepare litigation when appropriate.

Florida Injury Law Firm

Speak with The Nunez Law Firm

Orlando 1601 W Colonial Dr Orlando, FL 32804 (407) 203-2769

Fort Myers 3610 Broadway Fort Myers, FL 33901 (239) 204-4220

Free case assessment. No attorney's fee unless there is a recovery. Fee and case-cost terms are governed by the written representation agreement.

Request a Consultation

Frequently Asked Questions

Florida Pedestrian Accident Lawyer FAQ

Can I have a claim if I was outside a crosswalk?

Potentially. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles, but that does not automatically eliminate driver responsibility. Florida law also requires drivers to exercise due care to avoid pedestrians.

Does Florida PIP cover a pedestrian hit by a vehicle?

It can. The applicable PIP policy depends on vehicle ownership, household insurance, residency, and the statutory priority rules. When PIP applies, qualifying initial medical care generally must begin within 14 days for medical benefits.

What should I do if the driver left the scene?

Report the crash and preserve any vehicle description, license-plate information, witness contacts, photographs, and available video. Insurance should also be reviewed promptly because applicable UM coverage may become important.

Can I recover if I was partly at fault?

Potentially. Florida § 768.81 can reduce damages by the claimant's percentage of fault. In a negligence action to which the statute applies, a person found greater than 50% at fault for his or her own harm may not recover damages.

How long do I have to file a Florida pedestrian accident lawsuit?

For negligence causes of action accruing after March 24, 2023, Florida generally provides a two-year limitations period. Government claims and other circumstances can involve separate notice requirements or deadline rules.

Who pays medical bills after a Florida pedestrian accident?

The answer depends on available insurance and the pedestrian's circumstances. PIP may apply under Florida's priority rules, while health insurance and claims against responsible parties may also affect how medical expenses are paid or ultimately recovered.

Florida Pedestrian Accident Claims

Hit by a vehicle while walking in Florida?

Contact The Nunez Law Firm for a free case assessment. We can review how the crash happened, identify immediate evidence and insurance issues, and explain the next steps available for your claim. There is no obligation to proceed after the initial assessment

Attorney-fee and case-cost terms are governed by the written representation agreement