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When a driver hits someone on foot, the person walking takes the full force of the impact, and the recovery that follows can stretch on for months or years. Frankl Kominsky Injury Lawyers represents pedestrians and families across the state after crashes in crosswalks, parking lots, neighborhood streets, and highway shoulders. Your first talk with our Florida pedestrian accident attorneys is free; we can be reached 24/7, and you owe attorney fees only if the case brings in money.
Insurers often start by asking what the pedestrian did wrong. Call 561-800-8000 so the focus stays on what the driver did.
How Florida's Pedestrian Laws Shape Your Claim
Florida's traffic code sets rules for both drivers and people on foot, and insurers comb through those rules looking for any reason to shift blame onto the pedestrian. Knowing which rules apply to your crash, and how to use them, is one of the first things our team brings to a case.
The table below shows several rules from section 316.130 that often come up in pedestrian claims.
| Florida rule | What it requires | How it can affect a claim |
|---|---|---|
| Drivers yield in crosswalks | Drivers must stop or yield for pedestrians in a crosswalk, depending on the signals and signs present | A driver who failed to yield is strong evidence of carelessness |
| Due care around pedestrians | Drivers must use due care to avoid pedestrians and take extra care with children and confused or incapacitated people | Supports claims even where the pedestrian was not in a crosswalk |
| Crossing outside a crosswalk | Pedestrians crossing outside a marked or intersection crosswalk must yield to vehicles | Insurers use it to argue shared fault |
| Crossing between signals | Between adjacent signalized intersections, pedestrians may cross only in a marked crosswalk | Can reduce, but rarely erase, a driver's responsibility |
| No sidewalk available | Pedestrians should walk on the left shoulder facing traffic when practicable | Often raised in rural and suburban crashes at night |
A pedestrian's rule violation does not automatically excuse a driver who was speeding, distracted, or not watching the road. We gather the evidence that shows how the driver's choices caused the crash.
Who Pays a Pedestrian's Medical Bills in Florida?
A pedestrian's early medical bills in Florida are usually paid through personal injury protection (PIP), but whose policy pays depends on the pedestrian's own situation. Under section 627.736, PIP can extend to people struck by a vehicle while on foot, with conditions that many injured people do not know.
How PIP and other coverage usually apply:
- A pedestrian who owns a car generally turns to their own PIP policy first
- A pedestrian who lives with a relative who owns an insured car may be covered under that household policy
- A Florida resident who does not own a car and has no household coverage may collect PIP from the vehicle that hit them
- Costs beyond PIP can be claimed against the at-fault driver's bodily injury coverage
- Uninsured and underinsured motorist coverage may help when the driver has little or no insurance
Sorting out which policy pays first can delay treatment if no one is managing the claims. Our team opens the right claims quickly so your care can continue while the larger case is built.
What If the Driver Leaves the Scene?
Drivers who hit a pedestrian and flee commit a crime under section 316.027, but that does little to pay an injured person's bills. Hit-and-run cases need fast work to identify the driver and, if that fails, to open other sources of coverage.
Finding the Driver
Traffic cameras, nearby business video, vehicle debris, and witness accounts can sometimes identify a fleeing driver. Knowing what evidence a hit-and-run case needs helps us move before footage is recorded over.
Coverage When the Driver Is Never Found
Your own uninsured motorist coverage, or coverage under a relative's household policy, may pay for injuries caused by an unidentified driver. Insurers handle these claims under the terms of the policy, so the claim needs to be presented carefully and on time.
Why Do Insurers Dispute Pedestrian Claims?
Pedestrian claims get disputed because the pedestrian is often the only person who cannot give an account right away, while the driver tells their version to police and insurers at the scene. Without a lawyer, that one-sided story can follow the claim all the way to settlement.
The Driver's Version Comes First
Injured pedestrians are often taken to the hospital before officers finish their investigation. We review the crash report, interview witnesses, and look for video that confirms or contradicts the driver's account.
Visibility Arguments
Insurers commonly argue that a pedestrian wore dark clothing, crossed outside a lit area, or stepped out suddenly. Lighting conditions, sight lines, vehicle speed, and the driver's phone use often tell a different story.
Serious Injuries Mean Serious Pushback
Pedestrians frequently suffer brain injuries, broken legs, and spinal damage that lead to large claims. The larger the claim, the harder an insurer works to reduce it, which is why we document the full medical picture before any settlemenwt talks.
Pedestrians at Higher Risk: Children and Older Adults
Children and older adults are among the pedestrians most likely to suffer severe injuries, and their claims often need extra attention. Florida law expects drivers to take extra precautions around children and people who appear confused or incapacitated.
Children Hurt Near Schools and Neighborhoods
Children may dart into the street or misjudge traffic, but that does not excuse a driver who was speeding or distracted near a school or park. A parent or guardian brings the claim for the child, and courts must approve certain settlements involving minors.
Older Adults and Slower Crossings
Older pedestrians may need more time to cross wide roads, and their injuries often heal more slowly. Fractures, head injuries, and the loss of independence can make these claims especially significant.
Pedestrian Accident Lawyers Throughout Florida
Frankl Kominsky Injury Lawyers serves pedestrians from offices in Boynton Beach, Pompano Beach, Port St. Lucie, and Palm Bay, and we meet clients statewide by phone or video.
| Region | Communities |
|---|---|
| Our office communities | Boynton Beach, Pompano Beach, Port St. Lucie, Palm Bay |
| Palm Beach County | West Palm Beach, Boca Raton, Delray Beach, Jupiter, Lake Worth |
| Broward County | Fort Lauderdale, Coral Springs, Deerfield Beach, Coconut Creek |
| Miami-Dade County | Miami, Hialeah, Coral Gables |
| Treasure Coast, Southwest, and Central Florida | Fort Pierce, Naples, Ocala, Gainesville |
Each city handles crash reports and road maintenance a little differently, and those local details often shape where we look for evidence.
Fault, Damages, and Deadlines for Florida Pedestrians
A pedestrian who carries part of the blame can still be compensated in Florida, so long as a jury does not place more than half the fault on them under section 768.81(6). The award is reduced by the pedestrian's percentage of fault.
What a Claim Can Cover
A pedestrian claim can include medical care, rehabilitation, lost income, and pain and suffering when the injury is serious enough to meet Florida's threshold. When a pedestrian does not survive, the estate's personal representative can pursue a wrongful death case for the family.
A Mid-Block Crossing Example
Picture a pedestrian struck while crossing mid-block by a driver going well over the limit, with damages valued at $300,000. If a jury puts 30% of the fault on the pedestrian for not using a crosswalk, the recovery becomes $210,000.
Timing Your Pedestrian Claim
Pedestrians hit on or after March 24, 2023, generally have two years to bring a negligence lawsuit under section 95.11(5)(a). Wrongful death claims also carry a two-year limit, and claims involving government vehicles add notice steps.
Pedestrian Case Recoveries
Pedestrians often suffer head, hand, and orthopedic injuries, and our published results include recoveries like these:
- $3,600,000 for a brain injury, hand fracture, and multiple lacerations
- $1,260,000 for a brain injury, skull fracture, and hand fracture
- $500,000 for a brain injury and facial injury
- $210,000 for orthopedic injuries
Each result reflects a different case and coverage, so none of these figures forecasts the outcome of a new claim.
Why Pedestrians Across Florida Turn to Frankl Kominsky
Frankl Kominsky Injury Lawyers is the firm injured pedestrians call when an insurer starts recasting a driver's mistake as the walker's fault, because we answer that story with proof. Our attorneys handle the claims, records, and negotiations so you can focus on getting better.
What clients can expect:
- A lawyer who personally leads the case from start to finish
- Over $250 million recovered for injured clients
- 60+ years of combined injury law experience
- Over 2,000 verified client reviews
- Recognition from Super Lawyers and the Multi-Million Dollar Advocates Forum
- Staff fluent in Spanish and Creole
From the first call, our team walks you through the steps that protect your claim after being hit by a car while walking, then takes over the insurance calls and paperwork. Call 561-800-8000 to set up your free consultation.
Florida Pedestrian Injury Questions
Can a tourist hit by a car in Florida get PIP benefits?
A visitor who is not a Florida resident generally cannot collect PIP from the Florida vehicle that hit them, because that coverage is limited to Florida residents. A nonresident may still bring a claim against the driver's bodily injury coverage and may have coverage under their own auto policy from home.
What if I was hit by a car backing out of a driveway?
A driver backing out of a driveway in Florida must yield to pedestrians on the sidewalk and in the street, and failing to look can make the driver responsible. Home security cameras and doorbell video in the neighborhood can be valuable evidence in these cases.
Does a ticket for the driver help my pedestrian claim?
A traffic citation can help an insurer understand what happened, but Florida law generally keeps the citation itself out of a civil trial. The underlying evidence, such as witness accounts and video, is what proves the driver's fault in court.
Can I recover for anxiety or nightmares after being hit by a car?
Emotional harm after a Florida pedestrian crash, such as anxiety, nightmares, or fear of crossing streets, can be part of a claim when it flows from the crash and your physical injuries. Records from counselors and doctors help show the emotional distress you have endured.
What if the driver who hit me was drunk?
A drunk driver who injures a pedestrian in Florida can face criminal charges, and the injured person may also seek punitive damages in some cases. Punitive damages require clear and convincing evidence of gross negligence or intentional misconduct under section 768.72.
Help for Injured Pedestrians Across Florida
A pedestrian crash can take away the simple freedom of walking to work, the store, or the bus stop. Getting that life back starts with a claim that reflects everything the crash took.
Frankl Kominsky Injury Lawyers is ready to stand up for injured pedestrians anywhere in Florida. A call to 561-800-8000 at any hour sets up a free case review with one of our pedestrian accident attorneys.
