The questions Florida, Texas, and Arizona pedestrian accident victims ask us most - answered plainly. If yours isn't here, call us. It's always free.
Who is liable when a pedestrian is hit by a car in Florida?
In most cases, the driver who struck you bears primary liability. Florida law requires drivers to exercise due care to avoid striking pedestrians and to yield at crosswalks and intersections. However, liability can also extend to a government entity if a poorly designed road contributed, or to a property owner if a hazardous condition forced you into traffic. Our attorneys investigate every angle to identify all liable parties and maximize your recovery.
What if I was hit while crossing outside a crosswalk?
You can still recover compensation even if you were jaywalking. Florida follows a modified comparative negligence system - as long as you are 50% or less at fault, you can still pursue a claim. Your damages are reduced by your percentage of fault. Drivers always have a duty to avoid striking pedestrians regardless of where they are crossing. Being outside a crosswalk does not eliminate the driver's responsibility or your right to compensation.
How much is a pedestrian accident claim worth in Florida?
Pedestrian accident claims are among the highest-value personal injury cases because injuries sustained on foot are typically far more severe than those in vehicle-to-vehicle collisions. Settlements and verdicts can range from tens of thousands to millions of dollars. Duncan Injury Group has recovered over $8 million for pedestrian injury clients across Florida. Contact us for a free case evaluation.
Does Florida's no-fault law apply to pedestrian accidents?
Florida's PIP no-fault system applies differently to pedestrians. If you have your own auto insurance with PIP coverage, your PIP covers initial medical bills and lost wages regardless of fault - even as a pedestrian. If you do not have auto insurance, you may be able to claim against the driver's PIP policy. Once your injuries meet Florida's serious injury threshold - which most pedestrian accident injuries do - you can pursue full compensation from the at-fault driver.
What if the driver who hit me fled the scene?
Hit-and-run pedestrian accidents are unfortunately common in Florida. If the driver fled, your own uninsured motorist coverage is your primary source of recovery. Our attorneys also work with accident reconstruction experts, pull available surveillance footage, canvass for witnesses, and work with law enforcement to identify the driver. Even if the driver is never found, we pursue every available avenue to ensure you receive the compensation you deserve.
What if I was hit by a commercial truck or delivery vehicle?
Commercial vehicle accidents involving pedestrians are among the most valuable injury cases. Commercial carriers carry federal minimum insurance ranging from $750,000 to $5 million, and multiple parties may be liable - the driver, the carrier, the vehicle owner, and the cargo loader. Critical evidence including driver logbooks, black box data, and maintenance records must be preserved immediately. Contact us right away if a commercial vehicle was involved.
Can I file a claim if I was hit by an Uber or Lyft driver?
Yes. Pedestrians struck by rideshare drivers have the same claims available as vehicle occupants. If the driver's app was active, Uber or Lyft's commercial liability policy of up to $1 million applies. These cases involve overlapping insurance coverage tiers that depend on the driver's app status at the time of impact. Our attorneys handle rideshare pedestrian accident claims regularly and know exactly how to maximize your recovery.
What should I do immediately after being hit by a car as a pedestrian?
Your first priority is medical care - call 911 immediately and accept treatment even if you feel okay. Adrenaline can mask serious injuries. If able: photograph the scene, the vehicle, your injuries, and any skid marks; get the driver's insurance and contact info; collect witness names; and do not give a recorded statement to any insurance company. Seek follow-up medical care promptly and contact an attorney before speaking with any insurer.
My injuries appeared or worsened days after the accident. Does that hurt my claim?
No. Delayed onset of symptoms is extremely common and medically well-documented, particularly for traumatic brain injuries, internal injuries, spinal damage, and soft tissue injuries. Adrenaline and shock mask pain in the immediate aftermath. The critical step is seeking medical attention as soon as symptoms appear and documenting the connection to the accident. Our attorneys know exactly how to establish that timeline and counter any insurance argument that your injuries are unrelated to the crash.
Can I sue the city or government if a dangerous road condition contributed?
Yes, but government claims have strict notice requirements and shorter deadlines than standard personal injury claims. In Florida, you must typically provide written notice to the government entity within three years. If a broken sidewalk, missing crosswalk signal, poor lighting, or dangerous road design contributed to your accident, contact us immediately - government liability claims require swift action to preserve your rights.
Should I accept the driver's insurance company's settlement offer?
Almost never accept a first offer without consulting an attorney - especially for pedestrian accidents where injuries are often severe and long-term treatment is required. First offers are calculated to close your claim before you know its full value. Once you sign a release, that claim is gone permanently. Pedestrian accident settlements with proper legal representation are consistently and significantly higher than without. Call us first - the consultation is always free.
How long do I have to file a pedestrian accident claim in Florida?
For accidents occurring on or after March 24, 2023, Florida's statute of limitations for personal injury claims is two years from the date of the accident. Missing this deadline permanently ends your right to pursue compensation regardless of how strong your case is. Do not wait - surveillance footage disappears, witnesses move on, and the case you can build weakens every week.
What types of compensation can I recover in a pedestrian accident case?
A successful pedestrian accident claim can recover: past and future medical expenses including surgeries, rehabilitation, and long-term care; lost wages and loss of future earning capacity; pain and suffering; permanent disability and disfigurement damages; loss of enjoyment of life; and in cases of extreme negligence, punitive damages. Because pedestrian injuries are often catastrophic, the full value of these cases is frequently much higher than victims initially realize.
Does DIG Law handle pedestrian accident cases in Texas and Arizona too?
Yes. We are licensed and actively practicing in Florida, Texas, and Arizona. Texas and Arizona both carry two-year statutes of limitations for most personal injury claims. Pedestrian accident laws vary by state but our approach - aggressive representation, thorough evidence gathering, maximum recovery, no pressure to settle short - is identical across all three. Call the office nearest you and we will handle the rest.