Tampa Pedestrian Accident Lawyer

Florida Pedestrian Laws

Florida law provides specific protections for pedestrians, and understanding these laws is crucial when pursuing a claim:

• Right-of-Way: Pedestrians generally have the right-of-way at crosswalks and intersections. Drivers must yield to pedestrians crossing within marked or unmarked crosswalks.
• Crosswalk Use: Pedestrians must obey traffic signals and use crosswalks when available. Jaywalking can reduce compensation in an accident claim but does not automatically negate liability.
• Sidewalks and Roadway Use: When sidewalks are available, pedestrians are required to use them. If none are present, pedestrians must walk on the shoulder, facing traffic.

Florida follows a comparative negligence rule, meaning an injured pedestrian can recover damages even if they were partially at fault. However, their compensation may be reduced proportionally to their degree of fault.

Common Causes of Pedestrian Accidents

Pedestrian accidents can occur for a variety of reasons, but most are the result of driver negligence or inattention. Common causes include:

• Distracted Driving: Texting, talking on the phone, or using a GPS can take a driver’s attention off the road.
• Speeding: Drivers traveling at high speeds may be unable to stop in time to avoid hitting a pedestrian.
• Failure to Yield: Drivers who do not yield at crosswalks or intersections frequently cause pedestrian injuries.
• Driving Under the Influence: Alcohol or drug-impaired drivers pose a significant risk to pedestrians.
• Poor Visibility: Accidents are more likely to happen at night or in low-light conditions, especially if drivers fail to use headlights.
• Left-Hand Turns: Many pedestrian accidents occur when vehicles make left-hand turns and fail to notice a pedestrian crossing.

Who is Liable for a Pedestrian Accident?

Determining liability in a pedestrian accident requires a thorough investigation into the circumstances of the crash. In most cases, the driver of the vehicle is found to be at fault, but other parties may also share liability, including:

• Vehicle Drivers: Drivers who fail to follow traffic laws, yield the right-of-way, or drive recklessly can be held responsible.
• Employers: If a commercial driver hits a pedestrian while working, their employer may be liable under a theory of vicarious liability.
• Government Entities: If dangerous road conditions, lack of signage, or poor lighting contributed to the accident, a city or state agency may be liable.
• Product Manufacturers: In rare cases, a malfunctioning vehicle or defective pedestrian signal could contribute to the accident, implicating a manufacturer.

At The Florida Law Group, our Orlando pedestrian accident attorneys work with accident reconstruction experts, review surveillance footage, and gather witness testimony to build a strong case and pursue maximum compensation for your injuries.

Seeking Medical Care After a Tampa Pedestrian Accident

Getting prompt and appropriate medical treatment after a crash is one of the most important steps you can take for both your health and your legal claim. Even if you are able to walk away from the scene, injuries like concussions, internal bleeding, or soft-tissue damage may not be obvious right away. Visiting an emergency room or urgent care clinic in the Tampa area, such as Tampa General Hospital, St. Joseph’s Hospital, or AdventHealth Tampa, creates a record of your symptoms and helps connect your condition to the accident.

After your initial visit, it is critical to follow through with any recommended care, including appointments with specialists, physical therapy, or follow-up imaging. Keeping copies of medical bills, prescriptions, and work restrictions will make it easier to prove your damages to the insurance company and to a jury if your case goes to trial. When you consult a pedestrian accident attorney Tampa pedestrians rely on for guidance, your lawyer will use these records, along with testimony from your treating providers, to show how the crash has affected your day-to-day life and your ability to work.

FAQs About Pedestrian Accident Claims in Orlando, FL

What should I do immediately after a pedestrian accident?

Seek medical attention immediately, even if injuries seem minor. Call 911, file a police report, collect contact information from witnesses, and take photos of the accident scene if possible. Then, consult with an Orlando pedestrian accident attorney before speaking to insurance companies.

How long do I have to file a claim?

In Florida, the statute of limitations for personal injury claims is two years from the date of the accident (based on 2023 legislative changes). You must act quickly, as delaying your claim may affect your right to compensation.

What damages can I recover in a pedestrian accident case?

Victims may be entitled to compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Rehabilitation costs
• Permanent disability
• Wrongful death (for families of deceased victims)

What if I were partially at fault for the accident?

Under Florida's modified comparative negligence system, you can still recover damages if you are found to be 50% or less at fault. However, your recovery will be reduced by your percentage of fault.

Insurance carriers may try to argue that you were distracted, crossing outside a crosswalk, or ignoring signals in order to increase your percentage of fault and reduce what they pay. A pedestrian accident attorney Tampa residents can turn to for guidance will gather evidence such as video footage, skid marks, and witness statements to push back against unfair blame. By carefully analyzing how the crash unfolded under Florida’s modified comparative negligence law, your lawyer can work to protect your right to pursue financial recovery.

Do I need an attorney for a pedestrian accident case?

Yes. Insurance companies may try to downplay your injuries or shift the blame. A knowledgeable pedestrian accident attorney in Orlando will advocate for your best interests, handle negotiations, and represent you in court if necessary.

The Florida Law Group knows the most common causes of pedestrian crashes and how to successfully litigate these cases, either with an insurance company or in court (depending on the unique circumstances of your case). We have been recognized by the National Institute of Trial Advocacy, the Super Lawyers® list for Florida, the National Trial Lawyers Top 100, and the ®.

Our lawyers can hold drivers who cause this amount of grief accountable for their actions, and negotiate higher settlements with stingy insurance companies that only care about their bottom line. Legally, you have a right to seek restitution! We proudly provide all of our legal services on a contingency fee basis, meaning you are only charged if you are awarded damages. 

To let us get started on your claim, contact us today at (833) 899-0310.