Hit by a Car While Walking in Florida? Pedestrian Accident Claims Explained

Florida consistently ranks among the deadliest states in America for pedestrians. Wide roads, fast traffic, and year-round walking weather combine badly. If a car struck you while you were walking, the claim process has quirks that surprise almost everyone.

Surprise Number One: Your Own Car Insurance Pays First

Florida is a no-fault state, and no-fault follows the person, not the vehicle. If you own a car, your own Personal Injury Protection (PIP) coverage pays your initial medical bills and lost wages even though you were on foot. If you do not own a car but live with a relative who does, their policy may cover you. Only pedestrians with no PIP available in the household look to the driver’s PIP.

PIP covers 80 percent of medical bills and 60 percent of lost wages, up to $10,000. One rule matters more than the rest: you must seek treatment within 14 days of the accident or PIP pays nothing.

Surprise Number Two: Serious Injuries Escape the No-Fault System

Ten thousand dollars disappears fast against a pedestrian injury. Florida law lets you step outside no-fault and sue the driver when your injuries are significant or permanent, which describes most pedestrian cases; the human body loses every collision with a vehicle. Fractures, head trauma, and internal injuries are common even at low speeds. A liability claim against the driver seeks the full picture: all medical care, all lost income, and pain and suffering.

“But I Wasn’t in a Crosswalk”

Drivers and insurers lean hard on this. Florida’s comparative negligence rules reduce your recovery by your share of fault, and bar recovery entirely if you were more than 50 percent responsible. Crossing outside a crosswalk does not automatically make the pedestrian mostly at fault. A speeding, texting, or turning-without-looking driver often carries the greater share. The evidence — skid marks, phone records, surveillance video, witness accounts — decides it, which is why gathering that evidence early matters.

What to Do After a Pedestrian Accident

1. Call 911 and get a police report, even for a “minor” impact.
2. Get medical care within 14 days, ideally the same day.
3. Photograph the scene, the vehicle, and your injuries.
4. Collect the driver’s information and witness contacts.
5. Do not discuss fault with the driver’s insurer before talking to an attorney.

Hit-and-Run and Uninsured Drivers

If the driver fled or carries no bodily injury coverage, your own uninsured motorist (UM) coverage can step in. UM claims are still adversarial; your insurer becomes the opponent, and it negotiates like one.

Injured While Walking? Find Out What Your Claim Is Worth

Dante Law Firm’s car accident attorneys represent injured pedestrians across Florida. We deal with the PIP paperwork, prove the driver’s fault, and fight for maximum compensation so you win. Free consultation, no fee unless we recover. Contact us or call (954) 365-0000.