Florida ranks among the worst states in the country for pedestrian fatalities year after year. If you or a family member was struck by a vehicle while walking, crossing a street, or in a parking lot, here is what the law provides and what steps protect your rights.
Florida Law and Pedestrian Rights
Florida Statute § 316.130 requires drivers to yield the right of way to pedestrians in marked crosswalks and many unmarked intersections. Drivers must also exercise due care to avoid hitting pedestrians, regardless of crosswalk markings.
This does not mean pedestrians are always without fault. Florida's modified comparative fault rule means your recovery can be reduced by your percentage of fault — crossing against a signal, walking outside a crosswalk on a divided highway, or stepping suddenly into traffic can reduce what you can recover.
But even if you were partly at fault, you may still have a valid claim as long as you were less than 51% responsible for the accident.
Why Pedestrian Injuries Are Often Severe
A pedestrian hit by a vehicle has no protection. Even at low speeds, a collision can cause:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken bones — legs, hips, pelvis, arms
- Internal organ injuries
- Severe lacerations and road rash
- Psychological trauma and PTSD
These injuries often require long-term treatment, rehabilitation, and can cause permanent disability. Undervaluing a pedestrian claim is one of the most common mistakes injury victims make.
What Insurance Applies in a Pedestrian Accident
The driver's bodily injury liability coverage is the primary source of compensation for your injuries, lost wages, and pain and suffering.
Your own PIP coverage — if you have a vehicle and Florida PIP — may also apply to your medical bills even though you were not in your car at the time of the accident. Florida PIP can follow you as a pedestrian in some situations.
Your own uninsured motorist (UM) coverage applies if the driver who hit you had no insurance or insufficient coverage.
Hit-and-run accidents — if the driver fled, your own UM coverage is often the only option. This is why UM coverage matters so much.
Steps to Take After Being Hit as a Pedestrian
- Call 911 — get a police report documenting the location, the driver's information, and any witnesses
- Get medical attention immediately — do not walk away from the scene without being evaluated
- Photograph everything — your injuries, the vehicle, the road, crosswalk markings, traffic signals
- Get witness contact information — bystanders are valuable in disputed liability cases
- Request surveillance footage — from nearby businesses, traffic cameras, and dashcams as quickly as possible
- Do not speak with the driver's insurance company before consulting an attorney
Time Is Critical
Florida's statute of limitations for pedestrian injury claims is two years from the date of the accident. For wrongful death cases involving a pedestrian fatality, the deadline is also two years from the date of death.
More practically — surveillance footage gets overwritten, witnesses forget, and physical evidence disappears. The sooner you act, the stronger your case.
Gonzalez Munoz Law represents pedestrian accident victims throughout Miami-Dade and Broward County. Call 305-770-6666 — free consultation, 24/7. No fee unless we win.