Being hit by a vehicle is one of the most devastating types of accidents a person can experience. Florida consistently ranks among the most dangerous states in the nation for pedestrians, and many crashes occur because drivers are distracted, speeding, or simply not paying attention. If you were injured while walking, jogging, or crossing the street, you may be wondering: Can I sue the driver who hit me?
The answer in many cases is yes—but Florida’s pedestrian accident laws have unique rules that affect your claim. Here’s what Florida pedestrians need to know.
Who Is at Fault When a Pedestrian Is Hit in Florida?
Florida law requires drivers to use reasonable care to avoid hitting pedestrians. This includes:
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Yielding at marked crosswalks
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Stopping for pedestrians who have the right-of-way
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Obeying speed limits
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Avoiding distractions (phones, GPS, texting)
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Driving sober and alert
If a driver violates any of these duties and causes harm, they can be held negligent and legally responsible.
Common driver behaviors that lead to pedestrian claims include:
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Texting while driving
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Speeding through crosswalks
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Failing to stop at intersections
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Making unsafe left or right turns
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Running red lights or stop signs
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Driving under the influence
You can typically pursue a personal injury claim when the driver acted carelessly or recklessly and caused your injuries.
Florida’s Comparative Negligence Rule: What If You Were Partially at Fault?
Florida follows a modified comparative negligence system. This means:
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You can recover compensation as long as you were 50% or less at fault.
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Your compensation is reduced by your percentage of fault.
Example:
If the driver was 80% at fault and you were 20% at fault, you can still recover damages—just reduced by 20%.
Even if you were outside a crosswalk or crossing mid-block, you may still have a claim. Fault must be evaluated based on the entire situation, not just where you were walking.
Does PIP Insurance Cover Pedestrian Injuries?
Florida is a no-fault state, meaning Personal Injury Protection (PIP) applies—even for pedestrians.
If you own a car and have PIP insurance, it may cover:
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Medical bills (up to 80%)
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Lost wages (up to 60%)
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Up to $10,000 in benefits
If you don’t own a vehicle, you may still receive PIP benefits from:
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A household member’s auto insurance, or
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The driver’s PIP insurance
However, PIP rarely covers the full extent of pedestrian injuries, which are often severe. That’s when suing the at-fault driver becomes necessary.
When You Can Sue the At-Fault Driver
You may file a personal injury lawsuit if your injuries meet Florida’s “serious injury” threshold, such as:
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Significant and permanent loss of a bodily function
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Permanent injury
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Significant and permanent scarring or disfigurement
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Death
Pedestrian accidents often involve broken bones, traumatic brain injuries, spinal cord injuries, and long-term disabilities—conditions that qualify for a claim beyond PIP.
What Compensation Can Pedestrian Accident Victims Recover?
When suing the at-fault driver, you may seek compensation for:
Economic Damages
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Medical bills
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Future medical costs
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Lost income
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Loss of future earning capacity
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Rehabilitation and physical therapy
Non-Economic Damages
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Pain and suffering
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Emotional distress
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Disability or impairment
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Loss of enjoyment of life
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Scarring or disfigurement
Wrongful Death Damages
If a loved one was killed, surviving family members may pursue damages under Florida’s Wrongful Death Act.
What If the Driver Fled the Scene or Was Uninsured?
You may still have options:
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Uninsured/Underinsured Motorist (UM/UIM) coverage (from your own auto policy)
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Claims against third parties (vehicle owners, bars under dram shop laws, employers)
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Hit-and-run investigations with law enforcement
Pedestrian victims should explore every possible source of recovery, especially when the at-fault driver cannot be identified or insured.
How a Florida Pedestrian Accident Attorney Can Help
Pedestrian accident cases require fast action and thorough investigation. An attorney can help by:
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Obtaining traffic-camera or surveillance footage
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Interviewing witnesses
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Reconstructing the accident
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Handling insurance companies
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Evaluating all available insurance coverage
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Filing a lawsuit if necessary
Having legal representation significantly increases the likelihood of full compensation.
Injured as a Pedestrian in Florida? Know Your Rights.
If you were hit by a car in Florida, you may be entitled to recover compensation through both your own PIP insurance and a claim against the at-fault driver. Florida’s pedestrian accident laws are designed to protect victims—and you do not have to navigate the process alone.
If you need help evaluating your case or understanding your legal options, speak with an experienced Florida personal injury attorney as soon as possible.
Have you or someone you know been injured as a result of an accident? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
