Frequently Asked Questions - Florida Pedestrian Accidents

Generally, the statute of limitations to file a lawsuit or get a case settled is 2 years from the date of the accident. Some exceptions apply to accidents that took place before March 24, 2023. The law changed, and the statute of limitations for accidents after that date was shortened to 2 years. Before that date/law change, the statute of limitations was 4 years. It is important to get legal advice about the timing and deadlines for filing and pursuing a case.

Yes, pedestrians have a duty of reasonable care and action when walking on streets, sidewalks, and other areas, such as parking lots. In addition, when possible and available, pedestrians should use designated crosswalks and otherwise obey crossing signals and traffic lights.

Generally, yes, but each accident or situation should be evaluated on its own merits, circumstances, and facts.

Currently, Florida comparative fault law provides that an injured party cannot recover damages if it is determined that the injured party is more than 50 percent at fault. For example, let's say a pedestrian attempts to cross a street but does not use a nearby crosswalk. A car hits the pedestrian. A jury determines that the pedestrian is 40 percent at fault and the driver is 60 percent at fault. Under these circumstances, the pedestrian can be awarded 60 percent of the full damages for the injuries. Let's change the facts so that the pedestrian is 60 percent at fault and the driver is 40 percent at fault. Under this fact pattern, the injury victim would not be able to collect damages under current Florida law because of the extent of the pedestrian's negligence.

This is a somewhat broad question. The value of the case depends on several factors, including the extent of immediate trauma, medical bills, medical treatment, diagnostic studies, specialist treatment, length of treatment, severity of injuries, and permanency of injuries. Certainly, when a vehicle hits a pedestrian, the injuries and related damages can be quite traumatic and significant.

An injured pedestrian may have a vehicle with PIP (Personal Injury Protection) coverage, which may provide up to $10,000 in most cases. This coverage will likely apply even though the pedestrian's vehicle was not in the accident. The pedestrian may qualify for PIP under a resident relative's automobile insurance coverage. Finally, if the injured pedestrian did not have PIP on a policy or through a resident relative, the injured Pedestrian may even qualify for PIP coverage under the at-fault driver's automobile insurance policy. Beyond PIP coverage, health insurance may cover medical bills. The injured pedestrian may also receive funds (but only upon settlement) to pay for medical bills from the at-fault driver's / owner's bodily injury coverage and/or uninsured motorist coverage under the pedestrian's automobile insurance policy or under a resident relative's automobile insurance policy.

The answer is no. Like other personal injury cases, the value of the case depends on several factors, including the amount of available insurance coverage and the seriousness of the injuries.

Yes. Like other personal injury cases, a pedestrian accident case is typically handled on a contingency basis. This means that the injured pedestrian can hire an attorney without paying any attorney fees or costs up front. If there is a settlement or financial recovery down the line, then the attorney fees will be a percentage of the settlement.

This will depend on several factors. For low-coverage cases, it may be quicker to resolve. For bigger cases with more coverage, it will take some time to get the treatment and records in place to submit to the insurance company. Each case should be evaluated on its own merits and the specific facts and circumstances.