Florida’s warm weather and bustling cities make it a pedestrian hotspot. However, this also increases the risk of pedestrian accidents, which often lead to injuries, legal complexities, and financial challenges. This guide provides a detailed overview of Florida’s pedestrian accident laws, the steps to take after an accident, how fault is determined, and legal options for those involved.
Understanding Florida Pedestrian Accident Laws
What Are Florida’s Laws Regarding Pedestrian Accidents?
Florida’s traffic laws aim to protect pedestrians by assigning specific responsibilities to both drivers and pedestrians. Pedestrians have the right-of-way in most cases, but they must also exercise caution when crossing streets.
The Pedestrian’s Right-of-Way
Pedestrians generally have the right-of-way at crosswalks and intersections. Even if a crosswalk is unmarked, pedestrians crossing at an intersection are legally protected. However, pedestrians must follow traffic signals and avoid stepping into traffic when it’s unsafe.
Driver Responsibilities Under Florida Law
Drivers must yield to pedestrians in crosswalks and intersections. Florida law also requires drivers to:
- Slow down in school zones and pedestrian-heavy areas.
- Avoid distractions such as texting or eating while driving.
- Exercise “due care” to avoid collisions, even if pedestrians fail to follow traffic rules.
Failure to meet these responsibilities can result in fines, license suspension, or legal liability in the event of an accident.
Steps to Take After a Pedestrian Accident
- Ensure Safety
Immediately after an accident, prioritize safety. Move the injured person out of harm’s way, if it’s safe to do so, and prevent further danger by using hazard lights or warning triangles. - Call Emergency Services
Dial 911 to report the accident and request medical assistance. Even if injuries seem minor, a medical assessment is crucial as some injuries may not be immediately noticeable. A police report is also essential for insurance claims and legal actions. - Provide Aid
Florida law requires drivers involved in accidents to assist injured parties. This can include helping the pedestrian or ensuring they receive emergency care. Leaving the scene without providing aid can lead to severe legal consequences. - Document the Scene
Accurate documentation is essential. Take photographs of the accident site, vehicle damage, and any visible injuries. Note road conditions, traffic signals, and other relevant details. Collect contact information from witnesses who can provide additional insight. - File a Police Report
A police report creates an official account of the accident and can help establish fault. Provide factual information to law enforcement without speculating about what caused the accident or admitting fault. - Notify Your Insurance Provider
Contact your insurance company to report the accident. Provide them with the police report and other documentation. Avoid making statements about fault until the investigation is complete.
Determining Fault in a Pedestrian Accident
How Is Fault Determined in Florida?
Florida follows a comparative negligence system, which allows fault to be shared between the driver and the pedestrian based on their actions leading up to the accident.
When the Driver Is at Fault
Drivers are typically at fault when they:
- Fail to yield to pedestrians in crosswalks or intersections.
- Drive recklessly, such as speeding or ignoring traffic signals.
- Are distracted, such as texting while driving or adjusting the radio.
When the Pedestrian Is at Fault
Pedestrians can also be at fault if they:
- Cross outside of designated crosswalks (jaywalking).
- Ignore pedestrian traffic signals, such as crossing during a “Don’t Walk” signal.
- Enter traffic suddenly, leaving the driver no time to react.
What Happens When Both Parties Are at Fault?
In Florida, fault can be divided between the driver and the pedestrian. For example, if a pedestrian is found to be 30% responsible for jaywalking and the driver is 70% responsible for speeding, compensation will be reduced by the pedestrian’s percentage of fault.
Insurance Coverage for Pedestrian Accidents in Florida
What Is Covered Under Florida’s No-Fault Insurance Laws?
Florida’s no-fault insurance laws require individuals to rely on their own insurance policies to cover medical expenses and lost wages, regardless of who caused the accident.
How Personal Injury Protection (PIP) Insurance Works
PIP insurance is mandatory for Florida drivers and covers up to $10,000 in medical expenses and lost wages. Pedestrians injured in an accident can file a claim under the driver’s PIP insurance.
When Liability Insurance Comes Into Play
If the pedestrian’s damages exceed the PIP limits and the driver is found at fault, liability insurance may cover additional expenses such as long-term medical care, pain and suffering, and property damage.
Uninsured or Underinsured Motorist Coverage
If the at-fault driver lacks adequate insurance, the injured pedestrian can file a claim under their own uninsured or underinsured motorist coverage to recover additional compensation.
Legal Recourse for Injured Pedestrians
What Can Injured Pedestrians Do to Seek Compensation?
Pedestrians injured in an accident can file a personal injury lawsuit to recover damages. Compensation may cover medical expenses, lost wages, and non-economic losses such as pain and suffering.
Compensation for Medical Expenses
Damages may include emergency medical bills, ongoing treatments like physical therapy, and surgeries. Compensation also covers future medical needs if the injuries lead to long-term disability.
Compensation for Lost Wages
Injuries may prevent victims from working temporarily or permanently. Compensation accounts for lost wages and potential future earnings affected by the injuries.
Non-Economic Damages: Pain and Suffering
Pedestrians can also seek damages for non-economic losses, such as physical pain, emotional distress, and reduced quality of life.
How Long Do Pedestrians Have to File a Lawsuit?
Florida’s statute of limitations for personal injury claims is four years from the date of the accident. Filing sooner allows better evidence preservation and strengthens the case.
Hit-and-Run Pedestrian Accidents in Florida
What Are the Consequences of Hit-and-Run Incidents?
Hit-and-run accidents are taken seriously in Florida. Drivers who leave the scene without fulfilling their legal obligations face felony charges, fines of up to $10,000, and up to 30 years in prison for fatal accidents. Courts may also order drivers to pay restitution to victims.
What Should Victims of Hit-and-Run Accidents Do?
Victims should report the incident to law enforcement immediately. Any details about the driver or vehicle, such as the make, model, or license plate number, can assist in the investigation. Legal assistance may also be necessary to explore compensation options through uninsured motorist coverage.
Frequently Asked Questions About Pedestrian Accidents
What should I do if I hit a pedestrian in Florida?
If you hit a pedestrian, remain at the scene, call 911, and assist the injured person. Cooperate with law enforcement but avoid making statements that could be interpreted as admitting fault.
How is fault determined in pedestrian accidents?
Fault is determined by evaluating the actions of both parties and applying Florida’s comparative negligence laws. Both drivers and pedestrians can share responsibility.
Do I need a lawyer after a pedestrian accident?
Consulting a lawyer is strongly recommended, especially if fault is disputed or you are pursuing compensation for injuries. An attorney can guide you through insurance claims and legal proceedings.
Contact Gonzalez & Cartwright, P.A. Today
Pedestrian accidents in Florida involve complex legal and insurance issues. Understanding your responsibilities and the steps to take after an accident can protect your rights and help ensure fair outcomes. Whether you’re a driver or pedestrian, taking prompt action and seeking professional legal advice can make a significant difference.
If you’ve been involved in a pedestrian accident, contact Gonzalez & Cartwright, P.A. today to discuss your case and explore your options. Protect your rights and secure the compensation you deserve.