Pedestrian Accidents in Florida: Your Rights at Crosswalks and Beyond

In 2023, Florida sadly saw 10,306 pedestrian accidents kill 791 people. This puts Florida at third in the nation for pedestrian deaths. In 2017, one report concluded that 8 of the 10 most dangerous cities for pedestrians in America are in this state.

Florida has serious dangers for pedestrians due to its mix of tourists, elderly drivers, and year-round walking activity. The state gets over 100 million tourists annually, who are driving unfamiliar roads. In 2020, Florida was reported to have the second-highest population of people over the age of 65 among all states.

If a driver hit you while walking in Florida, contact Kogan & DiSalvo Personal Injury Law today. We are the Gold Standard in personal injury law and are committed to helping pedestrians navigate the legal process with ease.

Florida Gives You Stronger Crosswalk Rights

Under Florida Statute 316.130, you have legal rights in more situations than you might expect. Understanding your rights becomes crucial when insurance companies try to blame you for accidents.

Florida protects pedestrians when:

• Crossing any intersection, painted or not
• Using marked crosswalks when signals permit
• Using crosswalks when vehicles approach
• Following directions from police or crossing guards
• Crossing at stop signs and traffic lights

Driver Responsibilities on Florida Roads

Florida law sets out rules for pedestrians as well as drivers. When pedestrians and drivers follow the law, devastating accidents can be avoided.

The driver’s responsibilities outlined under Florida Statute 316.130 are as follows:

• Drivers must stop – and stay stopped – at crosswalks with traffic signals for pedestrians with permitted walk signals
• Drivers must yield right-of-way at unmarked crosswalks when no traffic signals operate
• Drivers cannot pass vehicles stopped for pedestrians at crosswalks
• Drivers must exercise due care to avoid colliding with any pedestrian or person using human-powered vehicles
• Drivers should show extra caution around children, confused, or incapacitated individuals

Common Florida Pedestrian Accident Scenarios

Florida’s roads can be busy and dangerous. It’s important for both drivers and pedestrians to know the different types of accidents that can happen and how to avoid them.

Pedestrian accidents can happen when:

• Cars turn right at red lights without checking crosswalks for pedestrians
• Vehicles make left turns across traffic while pedestrians cross with signals
• Drivers run red lights or roll through stop signs at intersections
• Cars back out of parking spaces without seeing pedestrians walking behind them
• Vehicles turn into driveways or parking lots while pedestrians use sidewalks
• Drivers fail to stop for pedestrians at marked crosswalks without traffic signals
• Cars speed through school zones during pick-up and drop-off times

How Florida Weather Affects Safety

Florida’s weather patterns create visibility problems that lead to more pedestrian accidents. These conditions affect both drivers and pedestrians throughout the year. Sun glare during peak exercise hours presents particular dangers.

Florida weather conditions that increase risks include:

• Sudden thunderstorms that reduce visibility to zero
• Morning fog during peak walking and commuting hours
• Intense sun glare at sunrise and sunset
• Hurricane weather creating chaotic traffic
• Seasonal population changes affecting traffic patterns

How Florida’s Fault Rules Affect Your Case

Florida uses comparative fault laws that can reduce your settlement amount. If you share some blame for an accident, your compensation gets reduced by that percentage. If you are 50 percent or more responsible, you may get no compensation at all. 

Insurance companies look for ways to blame pedestrians in order to pay less. However, a skilled lawyer can gather evidence proving that the driver who hit you was negligent, proving your side of the story.

Evidence that can show driver negligence includes:

• Police tickets issued to the driver for breaking traffic laws
• Statements from people who saw what happened
• Phone records showing the driver was texting or talking
• Video footage from traffic cameras or nearby stores
• Photos of tire marks and car damage at the scene

Filing Deadlines for Florida Pedestrian Cases

In Florida, you used to have 4 years after an accident to bring a lawsuit. However, that changed in 2023. The deadline is now 2 years for crashes that happened on or after March 24, 2023, which puts Florida in line with most other states. 

Claims against government agencies have much shorter deadlines that can be as brief as 6 months. 

Act now to file your claim before it’s too late. Missing these deadlines means you lose your right to compensation forever.

Compensation for Drivers and Pedestrians

Florida requires all drivers to carry PIP insurance that pays initial costs regardless of fault. This no-fault system affects how pedestrian accident cases work. Once costs exceed certain limits, you may be able to sue the at-fault party.

You should know that Florida PIP insurance:

• Pays up to $10,000 for medical treatment and lost wages
• Provides benefits regardless of who caused the accident
• Requires treatment within 14 days to receive coverage
• Pays 80 percent of medical bills and 60 percent of lost wages
• Is mandatory for all Florida drivers with registered vehicles

Florida Statute 627.737 allows pedestrian accident victims to recover damages beyond PIP coverage. The law allows victims to be compensated for pain and suffering as well as mental anguish. If you have suffered a permanent injury, a skilled car accident attorney can help you build a compensation case for medical bills, lost wages, and other losses.

Actions to Take After Your Accident

What you do right after a pedestrian accident affects whether you get fair compensation for your injuries. Many victims make mistakes that insurance companies can use against them later. Getting medical care right away protects your health and your legal case.

Here are the things you should do after a pedestrian accident:

1. Call 911 for medical help and police reports
2. See a doctor even if you think you’re not badly hurt
3. Take pictures of your injuries, the cars, and where it happened
4. Get phone numbers from the driver and anyone who saw it happen
5. Avoid admitting fault or saying sorry
6. Do not talk to insurance companies without a lawyer present

Start Your Case With Kogan & DiSalvo Personal Injury Law

Pedestrian accidents in Florida can destroy lives in seconds, leaving victims with crushing medical bills and permanent disabilities. Insurance companies know you’re vulnerable and will try to settle quickly for far less than you deserve. That’s why you need experienced Florida pedestrian accident lawyers on your side who know how to combat these tactics and get you your fair share of money.

In a free consultation session with our Florida personal injury lawyer, we can inform you about what steps you should take to preserve your legal rights. At Kogan & DiSalvo, we fight for your rights and guide you through every step after an accident so you’re never left figuring it out alone. Call us today to start building your case.