Key takeaways:
- Even as a pedestrian, your own car insurance’s Personal Injury Protection (PIP) is the first line of coverage for your medical bills under Florida’s no-fault system.
- A 2023 change to Florida law means if you are found to be more than 50% at fault for the accident, you may not be able to recover any compensation from the driver.
- You have only two years from the date of the incident to file a personal injury lawsuit in Florida, making immediate action to preserve evidence a top priority.
The familiar sounds of traffic along the Crosstown Parkway or the busy intersection at I-95 and St. Lucie West Boulevard have a new, sharp edge to them now.
You are home from the hospital or a doctor's visit, but you are far from okay. The physical pain is constant, and a flood of questions keeps you awake at night. How will you pay for the medical bills? What happens if you cannot work? Was the driver who hit you really paying attention?
These are the heavy concerns that follow serious pedestrian accidents in Port St. Lucie, and they demand clear answers.
Your First Steps After a Pedestrian Injury at Home
Now that you are away from the chaos of the accident scene and the emergency room, you can take deliberate steps to protect your health and your potential legal claim.
The initial shock may be wearing off, replaced by the dull ache of your injuries and the sharp anxiety of what comes next. Gaining a sense of control begins with organization and documentation.
Organizing your records and information
Gathering all related paperwork into one place is a foundational step. This file will become the factual basis of your injury claim.
Start by collecting these items:
- Medical documents: This includes discharge papers from St. Lucie Medical Center or another facility, any prescriptions you were given, receipts for medications, and instructions from your doctors.
- Driver and insurance details: Find the driver information exchange form given to you by law enforcement, which should list the driver’s name, address, and insurance company.
- Law enforcement report: You should have a card or piece of paper with a police report number on it. You can use this number to obtain the official crash report later.
- Receipts for expenses: Keep every receipt for costs incurred by the injury. This includes medical co-pays, appointment transportation costs, and assistive devices like crutches.
Documenting your physical and emotional state
Your memory of the pain and the effect of the accident on your life will fade over time. Insurance companies often look for inconsistencies, so keeping a detailed, personal record is a powerful tool.
- Start a daily journal: Each day, write down your pain levels on a scale of 1 to 10. Note which parts of your body hurt and what activities are difficult or impossible to perform.
- Describe your emotional toll: Are you experiencing anxiety when you hear cars? Are you having trouble sleeping? Do you feel depressed or frustrated? Write it all down. This suffering is a real part of your damages.
- Take photographs: Document your injuries as they heal. At regular intervals, take clear photos of bruises, cuts, and casts. This creates a visual timeline of your physical recovery.
- List missed activities: Keep a running list of events, workdays, and family activities you have missed because of your injuries.
Florida's No-Fault Law and Your Pedestrian Accident Claim
Many people are surprised to learn how insurance works for pedestrians in Florida. Because Florida is a “no-fault” state, your own auto insurance policy is the primary source for your initial medical bills, even though you were not in a car.
This coverage is called Personal Injury Protection, or PIP.
How personal injury protection (pip) works for pedestrians
If you own a vehicle registered in Florida, you must carry a minimum of $10,000 in PIP coverage. This coverage extends to you when you are injured as a pedestrian.
- Initial medical bills: Your PIP will cover 80% of your initial medical expenses up to the $10,000 limit. This applies to ambulance rides, hospital stays, and follow-up doctor visits.
- Lost wages: PIP also covers 60% of your lost wages up to the same $10,000 limit if a doctor states that your injuries prevent you from working.
- No fault required: You can access your PIP benefits regardless of who was at fault for the accident. It is designed to provide immediate financial relief for medical care.
- If you don't own a car: If you do not have your own auto insurance policy, you may be able to use the PIP benefits of a relative you live with. The driver’s PIP coverage may apply if that is not an option.
When pip coverage isn't enough
A serious pedestrian injury can exhaust the $10,000 PIP benefit almost immediately. An ambulance ride and a single visit to the emergency room can easily exceed that amount.
When your costs exceed your PIP limits, you can file a claim against the at-fault driver’s insurance company to cover the difference.
- Remaining medical bills: You can seek payment for the 20% of medical bills that PIP did not cover.
- Future medical care: This includes costs for physical therapy, future surgeries, and long-term medical needs.
- Additional lost wages: You can pursue the 40% of lost wages not covered by PIP, as well as loss of future earning capacity if you cannot return to your previous job.
- Pain and suffering: This is a significant category of non-economic damages that PIP does not cover at all.
Common Causes of Pedestrian Accidents on Roads Like St. Lucie West Boulevard
Drivers have a heightened duty of care to watch out for pedestrians, who are much more vulnerable in a collision. Unfortunately, common causes of pedestrian accidents often involve drivers failing in this duty.
- Distracted driving: A driver looking at a phone, GPS, or radio is not looking at the road.
- Failure to yield: Many accidents happen when drivers turn left or right at intersections without checking for people in the crosswalk.
- Speeding: A driver going too fast has less time to react and will cause far more severe injuries in a crash.
- Impaired driving: A driver under the influence of alcohol or drugs has slowed reaction times and poor judgment.
- Poor visibility: Accidents are more common at night or in bad weather, but drivers are still required to operate their vehicles safely.
The Types of Compensation Available for Pedestrian Accident Victims
These damages are typically separated into two main categories: economic and non-economic.
Calculating economic damages
Economic damages are the direct, out-of-pocket financial losses you have sustained because of the accident. These are tangible costs that can be calculated with bills and receipts.
- All medical bills: This includes past, current, and projected future medical costs.
- Lost income: Wages you have already lost and the income you will likely lose in the future due to your injuries.
- Rehabilitation costs: Physical, occupational, and vocational therapy costs.
- Out-of-pocket expenses: Any other costs, such as modifications to your home or vehicle to accommodate a disability.
Accounting for non-economic damages like pain and suffering
Non-economic damages are meant to compensate you for the intangible, personal losses you have experienced. These are very real harms, even though they do not come with a price tag.
- Pain and duffering: Compensation for the physical pain and discomfort of your injuries.
- Emotional Distress: This covers the anxiety, depression, fear, and sleep disturbances resulting from the trauma.
- Loss of enjoyment of life: If your injuries prevent you from participating in hobbies, activities, or relationships you once enjoyed, you can be compensated for this loss.
- Disfigurement or scarring: Compensation for the physical changes to your appearance caused by the accident.
Actions That Preserve Your Right to File a Claim
The best way to protect your rights is to consult with a personal injury law firm long before the two-year deadline approaches.
- Seek Legal Counsel: A consultation will help you learn your rights and the potential value of your claim.
- Do Not Give a Recorded Statement: Avoid giving a recorded statement to the at-fault driver’s insurance adjuster without legal guidance. They may use your words against you.
- Continue All Medical Treatment: Follow your doctor’s orders precisely. Gaps in treatment can be used by the insurance company to argue that your injuries are not serious.
- Focus on Your Health: Allow a legal team to handle the paperwork, deadlines, and negotiations so you can focus on what matters most: getting better.
When a Pedestrian Accident Results in Catastrophic Injuries
The force of a vehicle hitting a person can cause devastating, life-altering harm. In these situations, the legal claim becomes even more critical for securing the victim’s long-term care and the family’s financial future.
Pursuing a Claim for a Traumatic Brain Injury (TBI)
A blow to the head in a pedestrian accident can cause a traumatic brain injury. The symptoms may not be immediately apparent but can have lasting consequences.
- Signs of a TBI: Look for persistent headaches, confusion, memory loss, mood swings, and sensitivity to light or sound.
- Long-Term Needs: A person with a severe TBI may require lifelong medical care, in-home assistance, and may be unable to work again.
- Valuing the Claim: A TBI claim must account for a lifetime of potential costs and lost quality of life, often making these claims very substantial.
Seeking Justice Through a Wrongful Death Claim
In the most tragic cases, a pedestrian accident is fatal. When this happens, the victim’s surviving family members may be able to file a wrongful death claim to hold the negligent driver accountable.
- Who Can File: In Florida, the personal representative of the deceased person’s estate files the claim on behalf of the surviving spouse, children, and other dependents.
- Available Damages: A wrongful death claim can seek compensation for lost support and services, loss of companionship, mental pain and suffering for the survivors, and medical or funeral expenses.
- Accountability: While no amount of money can replace a loved one, a wrongful death action provides a measure of justice and financial security for the grieving family.
Frequently Asked Questions About Pedestrian Accidents in Port St. Lucie
What if the driver’s insurance company has already offered me a settlement?
You should be very cautious about accepting an early settlement offer. Insurance companies often try to settle claims quickly for a low amount before the full extent of your injuries and future medical needs are known. Signing their release form will permanently end your right to seek further compensation.
I was partially at fault for the accident. Can I still file a claim?
Yes, you may still be able to. Under Florida’s modified comparative negligence rule, as long as you are determined to be 50% or less at fault, you can recover damages. However, your final award will be reduced by your percentage of fault. This is a key reason to have a legal advocate argue on your behalf.
What if I was hit by a driver who has no insurance?
If you were hit by an uninsured or underinsured driver, you may be able to make a claim through your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it. This is an optional but valuable part of your auto insurance policy that protects you in these exact situations.
How much does it cost to hire a personal injury lawyer?
Most personal injury law firms work on a contingency fee basis. This means you do not pay any attorney’s fees upfront. The firm only gets paid if they successfully recover money for you, either through a settlement or a court verdict. The fee is a percentage of the total recovery.
Your Path to Justice Starts with a Single Call
If you or a loved one has been injured in a pedestrian accident in Port St. Lucie or anywhere in South Florida, Frankl Kominsky Injury Lawyers is ready to help. Our experienced pedestrian accident lawyer in Port St. Lucie is available 24/7 because we know that injuries don’t happen on a 9-to-5 schedule.
We offer a free, no-obligation consultation to discuss your case and explain your options.
We are always nearby with offices in Port St. Lucie, Boynton Beach, Pompano Beach, and Palm Bay. For assistance in English or Spanish, call our Port St. Lucie office today at (772) 800-8000 to start your journey toward recovery and justice.