A Victim’s Guide to Pedestrian Accidents in Florida

Florida is one of the most dangerous states in the country for people on foot. Whether you’re crossing the street, walking through a parking lot, or heading to your destination on foot, the risk of getting hit by a car is higher here than in most places. If you’ve been injured in a pedestrian accident, you might be entitled to compensation, but getting what you deserve isn’t always straightforward.

That’s where Mannello Law Group comes in. Our Davie, FL pedestrian accident lawyers are ready to help you understand your legal options and protect your rights from day one. Don’t try to handle this alone. Contact us now to talk with a lawyer who can guide you through the process.

Why Florida Is So Dangerous for Pedestrians

Florida regularly reports some of the highest rates of pedestrian deaths in the U.S. According to Smart Growth America’s 2024 Dangerous by Design report, Florida has 7 of the top 20 most dangerous metro areas for pedestrians. Wide roads, high-speed traffic, and a lack of pedestrian-friendly infrastructure contribute to these alarming statistics.

In urban areas like Miami, Orlando, Tampa, and Jacksonville, pedestrians are especially vulnerable. But even in smaller communities and suburban towns, pedestrian accidents are common. Warm weather also means more people walking year-round, increasing exposure to unsafe conditions.

Differences Between Pedestrian and Car Accident Cases

Pedestrian accident claims aren’t the same as regular car accident cases. If you were hit while walking, your injuries are likely more serious, and the legal process may be more complicated. Here’s what makes these cases unique:

• Severity of Injuries: Pedestrians often suffer serious harm like broken bones, brain injuries, or spinal damage.
• Insurance Coverage: You may need to rely on your PIP or the driver’s insurance for medical costs.
• Fault Issues: Proving the driver was at fault can be harder if you weren’t in a crosswalk.
• Medical Documentation: Strong medical evidence is often needed to prove how the accident caused your injuries.

Because these cases can be challenging, it’s important to speak with a Davie, Florida pedestrian accident lawyer as soon as possible. The right legal support can protect your rights and recover the compensation you deserve.

Who Can Be Considered a Pedestrian in Florida?

When most people think of a pedestrian, they picture someone walking. But under Florida law, the definition is broader than that. You’re considered a pedestrian if you’re:

• Walking on foot
• Using a wheelchair or another mobility device
• Pushing a stroller or using a walker
• Standing or sitting near a street or sidewalk

Even if you’ve just stepped out of your car, like to grab something from the trunk, or change a tire, you may still be treated as a pedestrian under the law if you’re hit. The bottom line: if you’re outside of a vehicle and interacting with public roads or walkways in any way, you could fall under pedestrian protections.

Pedestrian Rights Under Florida Law

Florida law protects pedestrians, but many people don’t realize just how many rights they have until something goes wrong. According to Florida Statutes § 316.130, both drivers and pedestrians have legal responsibilities, but drivers carry a greater duty to avoid causing harm. Here are a few key protections pedestrians have on Florida roads:

Crosswalk Right-of-Way

If you’re in a marked crosswalk, drivers are legally required to yield. Whether you’re crossing at an intersection or mid-block, vehicles must stop to let you pass safely.

Obeying Crosswalk Signals

When a pedestrian steps into a crosswalk while the signal allows, drivers must stop and wait until the person has fully crossed. Ignoring this law can lead to serious accidents and legal consequences.

General Duty of Care

Even outside of crosswalks, drivers must always use caution and avoid hitting pedestrians. This includes slowing down in areas where people are likely to walk, like school zones, neighborhoods, and parking lots.

Pedestrians also have responsibilities, like following traffic signals and using crosswalks. But fault isn’t always clear in these accidents. If you were hurt while walking and aren’t sure who was at fault, speak with a Davie personal injury attorney. You may still have a strong case, even if the driver says you were at fault.

What Is a Driver’s Legal Duty To Pedestrians in Florida?

Florida drivers have a legal duty to watch for pedestrians and drive safely, especially in areas where people are likely to walk. When they fail to do so, they can be held responsible for the harm they cause.

• Failing to yield at crosswalks
• Speeding in residential or school zones
• Distracted or impaired driving
• Running red lights or stop signs
• Backing up without checking behind the vehicle

If a driver violates their duty of care and causes harm, they can be held accountable through a personal injury claim. Don’t face the legal system alone. Speak with a Davie, FL pedestrian accident lawyer who can review your case, gather evidence, and fight for the compensation you deserve.

Florida’s Right-of-Way Laws for Pedestrians

Florida law is clear: drivers must respect the right-of-way when pedestrians are using crosswalks, whether they’re marked or unmarked. Unfortunately, many crashes happen because drivers either don’t know the law or choose to ignore it. Here’s what Florida drivers are legally required to do:

Stop when a pedestrian is in their half of the road

If a pedestrian is crossing and enters the same side of the road as the driver, the vehicle must come to a complete stop.

Remain stopped until the pedestrian has fully crossed

It’s not enough to slow down or roll forward, drivers must wait until the pedestrian safely reaches the other side.

Avoid unsafe situations created by pedestrians

Pedestrians are also expected to act safely. They shouldn’t step off the curb suddenly or walk into the path of oncoming traffic.

These rules are meant to keep everyone safe, but when drivers or pedestrians make mistakes, serious injuries can happen. If you were hit because a driver failed to yield, you may have a strong legal claim. Talk to a Davie personal injury attorney today to find out if your rights were violated and how to seek fair compensation.

Who Is Most at Risk in a Pedestrian Accident?

Not every pedestrian faces the same level of danger. Certain groups are more vulnerable to being hit or seriously injured, especially on Florida roads where traffic is heavy and driver attention can be lacking.

• Children walking to or from school
• Elderly individuals with mobility challenges
• People with disabilities
• Construction workers and roadside employees
• Tourists unfamiliar with local roads

If you or someone in one of these high-risk groups was hurt in a pedestrian accident, don’t wait to get legal guidance. A Davie pedestrian accident lawyer can help you understand your rights and take the next step toward compensation.

Where Do Pedestrian Accidents Happen Most?

In Davie, pedestrian accidents often happen on busy roads like Griffin Road, Stirling Road, and University Drive, especially at intersections lacking signals. Parking lots at schools and shopping centers are also common spots where inattentive drivers overlook people walking behind or between vehicles.

Accidents also occur near mid-block crossings and bus stops, where there are no marked crosswalks. Poor lighting, distracted drivers, and missing sidewalks make walking more dangerous. If you were hit while walking in Davie, a local pedestrian accident attorney can help protect your rights.

What Kind of Compensable Damages Can Pedestrian Accident Victims Seek?

If you were hurt in a pedestrian accident, you may be able to recover compensation for the ways your life has been affected. This can include both financial losses and the personal toll of your injuries. Common types of compensation include:

• Medical expenses: Covers hospital bills, treatment, and ongoing care.
• Lost income: Replaces wages lost while you’re unable to work.
• Reduced earning capacity: Applies if your injuries limit future work ability.
• Pain and suffering: For the physical pain caused by the accident.
• Emotional distress: Covers trauma, anxiety, or mental health effects.
• Rehabilitation and assistive devices: Includes therapy, wheelchairs, or other aids.
• Loss of enjoyment of life: Compensates for missed activities and hobbies.
• Wrongful death damages: Helps families recover costs after a fatal accident.

Wrongful death compensation may also be available to surviving family members if a loved one was killed in a pedestrian accident.

Common Mistakes That Can Hurt Your Pedestrian Accident Case

After a pedestrian accident, specific actions, even unintentional ones, can seriously impact your ability to recover compensation. Some of the most common mistakes include:

• Not getting medical attention right away
• Failing to report the accident to the police
• Apologizing or admitting fault at the scene
• Posting details or photos on social media
• Waiting too long to speak with a lawyer

Insurance companies often look for ways to downplay your injuries or shift the blame. Avoiding these pitfalls and getting help from a Florida personal injury lawyer early can make a big difference in your case.

What to Expect After a Pedestrian Injury

After a pedestrian accident, the legal process can seem overwhelming. Here’s a simplified look at what usually happens next:

• Case Investigation: Your attorney reviews evidence like police reports, video footage, and witness statements.
• Insurance Negotiation: The lawyer handles talks with the insurer and pushes for a fair settlement.
• Filing a Lawsuit: If a settlement can’t be reached, your attorney may file a formal lawsuit.
• Evidence Exchange: Both sides share information and take sworn statements to clarify the facts.
• Settlement or Trial: Many cases settle out of court, but some may need to go to trial to reach a resolution.

A skilled Davie, Florida personal injury lawyer can guide you through each step and help protect your rights.

Florida’s Statute of Limitations for Pedestrian Accident Claims

If you’ve been hurt in a pedestrian accident in Florida, you typically have two years from the date of the incident to file a personal injury lawsuit. This legal deadline is outlined in Florida Statutes § 95.11(3)(a) and applies to most negligence-based injury claims.

Missing the two-year window can mean losing your right to recover any compensation at all. That’s why it’s important to speak with a Florida pedestrian accident lawyer early on, ideally while evidence is still fresh and your legal options are still open.

Why You Need a Florida Pedestrian Accident Lawyer

Pedestrian accidents often involve serious injuries and tricky questions about who’s at fault. A Florida pedestrian accident lawyer from Mannello Law Group, can help investigate what happened, gather key evidence, and find all available insurance coverage.

Insurance companies may try to shift blame or offer less than you deserve. An experienced attorney can handle negotiations, fight for full compensation, and take your case to court if needed. With so much at stake, the right lawyer can make a major difference in your recovery.

Speak With a Florida Pedestrian Injury Lawyer Today

If you or a loved one was hit while walking, you don’t have to face the aftermath alone. These cases can be overwhelming, and insurance companies don’t always play fair, especially when it comes to pedestrian claims.

At Mannello Law Group, we take your recovery seriously. With nearly 100 years of combined experience, our Davie, FL personal injury attorneys know how to build strong cases and fight for the compensation you deserve. Call us at (954) 606-6606 or reach out online to schedule your free consultation.