Most reported pedestrian accidents are linked to the negligent actions of drivers who fail to watch for pedestrians, share the road with them, or respect a pedestrian’s right of way. Some of the most common causes of pedestrian crashes in Florida include:
- Failing to check for pedestrians in crosswalks
- Failing to stop
- Speeding
- Driving under the influence
- Distracted driving
- Limited visibility
- Making a turn without checking surroundings
- Illegal U-turns
- Defective roadway conditions
Though reckless drivers are more likely to cause a crash, pedestrians may also be at fault. If you were hurt in an accident, contact pedestrian accident lawyer Justin Weinstein for a free review of your claim. You may be entitled to compensation.
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Florida consistently ranks among the most dangerous states in America for pedestrians. The Florida Department of Highway Safety and Motor Vehicles records roughly 10,000 pedestrian crashes and more than 700 pedestrian deaths statewide each year, and Smart Growth America’s Dangerous by Design report routinely places multiple Florida metros, including the Miami-Fort Lauderdale and Orlando areas, among the deadliest in the nation for people on foot. Wide, high-speed arterial roads, year-round tourism, and sprawling intersections all contribute.
There are a few avenues your pedestrian accident attorney may explore to collect damages. Personal injury protection (PIP) benefits, a claim for uninsured or underinsured motorists, or a lawsuit. Damages can also be covered by the other driver’s bodily injury coverage if the other driver has been found at fault for the accident.
PIP benefits are paid as part of Florida’s no-fault insurance requirements. You may be entitled to up to $10,000 in insurance benefits if you have auto insurance. Otherwise, you can collect PIP benefits from the driver’s insurance company. However, you must have your injuries documented within 14 days of the accident to qualify for PIP benefits.
If the driver fled the scene, does not have insurance, or does not have enough insurance, you may seek an uninsured or underinsured motorist claim through your own insurance company.
Who Has the Right of Way in Florida?
Insurance adjusters love to claim the pedestrian “came out of nowhere.” Florida law says otherwise, drivers owe pedestrians specific statutory duties (Fla. Stat. § 316.130):
- At crosswalks: Drivers must yield, slowing or stopping as needed, to a pedestrian in a crosswalk on the driver’s half of the road or approaching it. This applies to unmarked crosswalks at intersections, not just painted ones.
- Turning vehicles: A driver turning at a green light must yield to pedestrians lawfully crossing with the signal, the single most common scenario in the cases we see.
- Sidewalks and driveways: Drivers crossing a sidewalk (leaving a parking lot, alley, or driveway) must yield to people on it.
- Everywhere, always: Even when a pedestrian is outside a crosswalk, every driver has a duty to exercise due care, sound the horn when necessary, and avoid a collision. Jaywalking is not a license to hit someone.
Pedestrians have duties too, obeying signals and yielding when crossing mid-block, which is exactly where comparative-fault fights happen. If the insurer is blaming you for your own injuries, don’t accept their version: crosswalk geometry, signal timing, vehicle speed, and surveillance footage usually tell a different story, and a pedestrian being partially at fault does not bar recovery in Florida.
