Orlando Pedestrian Accident Attorneys -- Standing Up for Injured Pedestrians

Florida Pedestrian Laws and Driver Duties

Florida law establishes clear duties that drivers owe to pedestrians, and violations of those duties are central to most pedestrian accident claims. Understanding what the law requires of drivers helps establish the foundation of negligence in your case.

Yielding at Crosswalks

Florida Statute section 316.130 requires drivers to yield the right of way to pedestrians who are crossing the road within a marked crosswalk or at an intersection. A driver who strikes a pedestrian in a crosswalk has almost certainly violated this requirement and faces a strong presumption of fault. The duty to yield applies even at unmarked crosswalks at intersections where no painted lines are present.

Duty to Exercise Due Care

Beyond the crosswalk requirement, Florida law places a general duty on all drivers to exercise due care to avoid striking pedestrians anywhere on or near the roadway. This means a driver cannot simply claim they had the right of way if a pedestrian was visible and the driver had an opportunity to slow or stop. The duty to exercise care applies whenever a pedestrian is present, not only at designated crossings.

School Zones and Special Pedestrian Areas

Drivers are held to a heightened standard of care in school zones, near playgrounds and parks, and in other areas where pedestrians are commonly present and expected. Speed limits are reduced, and the expectation of pedestrian activity is explicit. A driver who strikes a child or adult pedestrian in one of these zones faces both civil liability and, in many cases, enhanced traffic violations.

Distracted Driving Laws

Florida law prohibits handheld cell phone use while driving. Distracted driving is one of the leading causes of pedestrian accidents in Florida, and evidence that a driver was texting or on their phone at the time of the accident is powerful proof of negligence. Our attorneys pursue this evidence aggressively when it is relevant to a case.

Common Pedestrian Accident Scenarios in Orlando

Pedestrian accidents in Orlando occur in a variety of settings and circumstances. The most common scenarios our attorneys encounter include:

• Crosswalk accidents where a driver fails to stop or yield to a pedestrian who is legally crossing the road, which is the most common pedestrian accident scenario and one of the strongest liability situations for an injured pedestrian
• Intersection accidents where a driver runs a red light or stop sign and strikes a pedestrian who is crossing with the signal
• Parking lot accidents where drivers back out of spaces or travel through lots without watching for pedestrians walking to or from their vehicles
• Sidewalk accidents where a vehicle loses control, leaves the roadway, and strikes a pedestrian who was lawfully walking on the sidewalk far from traffic
• Turning vehicle accidents where a driver making a right or left turn fails to check for pedestrians in the crosswalk before completing the turn
• Hit and run accidents where a driver strikes a pedestrian and flees the scene, leaving the victim without immediate access to the at-fault driver's information
• Nighttime and low-visibility accidents where inadequate lighting, poor road design, or a driver's failure to use headlights properly contributed to the crash
• Construction zone accidents where temporary traffic patterns, reduced sidewalks, and unclear pedestrian routes place walkers in closer proximity to vehicle traffic than normal

Severe Injuries Pedestrians Commonly Face

Because pedestrians have no physical protection from a vehicle collision, the injuries sustained are typically among the most serious in all of personal injury law. The physical force involved in even a relatively low-speed vehicle impact can cause catastrophic harm to the human body. The most serious injuries our attorneys see in pedestrian accident cases include:

• Traumatic brain injuries ranging from concussions to severe and permanent brain damage, which can affect a person's cognitive function, memory, behavior, and ability to work and care for themselves long after the accident
• Spinal cord injuries, including injuries to the cervical, thoracic, and lumbar regions, which in serious cases can cause partial or complete paralysis and require lifelong medical management
• Broken bones and fractures throughout the body, including the pelvis, femur, tibia, arms, ribs, and skull, many of which require surgical repair and extended rehabilitation
• Internal organ injuries, including damage to the liver, spleen, kidneys, and other organs, which may not be immediately apparent at the scene but can be life-threatening and require emergency surgical intervention
• Crush injuries and traumatic amputations in the most serious collisions, particularly those involving larger vehicles or high-speed impacts
• Severe road rash, lacerations, and soft tissue injuries from contact with the vehicle and the road surface, which can require skin grafts and leave permanent scarring
• Psychological trauma including post-traumatic stress disorder, anxiety, and depression, which are common among survivors of serious pedestrian accidents and can affect quality of life for years

The long-term costs of pedestrian accident injuries are often enormous. Traumatic brain injuries and spinal cord injuries in particular can require a lifetime of medical care and may permanently prevent a person from returning to work. When we evaluate your case, we look at the full picture of your losses, not just the immediate medical bills.

Determining Liability in a Pedestrian Accident

In most pedestrian accident cases, the driver bears primary responsibility. But liability is not always simple, and in some cases multiple parties may share fault. Our attorneys investigate every case thoroughly to identify all responsible parties.

The Driver

A driver who failed to yield, was distracted, was speeding, ran a traffic control device, or was otherwise driving negligently is the most common responsible party in a pedestrian accident. Their liability insurance is typically the primary source of compensation. If the driver was operating a vehicle for work purposes at the time of the accident, their employer may also share liability.

Government Entities

Poor road design, missing or malfunctioning traffic signals, inadequate crosswalk markings, broken sidewalks, and insufficient pedestrian lighting are all conditions that government agencies are responsible for maintaining. When a dangerous condition on public property contributes to a pedestrian accident, the responsible government entity may share liability. Claims against government entities in Florida involve specific notice requirements and shorter deadlines than standard personal injury claims, making early legal involvement critical.

Property Owners

In cases where a pedestrian accident occurred in a parking lot, on private property, or near a commercial establishment, the property owner may bear some responsibility if a dangerous condition on their property contributed to the crash. Inadequate lighting in a parking garage, unmarked pedestrian areas, or other hazardous conditions can form the basis of a premises liability claim alongside the driver liability claim.

Recoverable Damages in a Pedestrian Accident Case

Florida's no-fault PIP system does not apply to pedestrians. If you are struck by a vehicle while on foot, compensation must be pursued through the driver's liability insurance or through any applicable uninsured or underinsured motorist coverage. The full range of damages available in a pedestrian accident claim includes:

• All medical expenses from the date of the accident forward, including emergency treatment, hospitalization, surgery, rehabilitation, physical and occupational therapy, specialist care, and any future medical costs your injuries will require
• Lost wages for all time you were unable to work during your recovery, documented based on your actual income
• Loss of future earning capacity if your injuries have permanently reduced your ability to perform your job or to work at all
• Pain and suffering for the physical pain caused by your injuries from the moment of impact through the full course of your recovery and into the future
• Emotional distress and psychological trauma, including anxiety about walking near traffic, post-traumatic stress disorder, and depression
• Permanent disability, disfigurement, and scarring, which are specifically recognized forms of compensable harm under Florida law
• Loss of enjoyment of life if your injuries have permanently limited your ability to participate in activities, hobbies, and relationships that were meaningful to you before the accident
• In cases involving drunk driving, deliberate conduct, or extreme recklessness, punitive damages may also be available as an additional form of accountability

Why Choose The Dill Law Group for Your Pedestrian Accident Case?

Florida's no-fault PIP system does not apply to pedestrians. If you are struck by a vehicle while on foot, compensation must be pursued through the driver's liability insurance or through any applicable uninsured or underinsured motorist coverage. The full range of damages available in a pedestrian accident claim includes:

At The Dill Law Group, we take pedestrian accident cases with the seriousness they deserve. We handle the investigation, deal with the insurance companies, work with medical professionals to document the full extent of your injuries and future needs, and fight for the compensation that reflects what you have actually been through and what your recovery will actually cost.

We handle pedestrian accident cases on a contingency fee basis. You pay no attorney fees unless we win. Your first consultation is completely free. If a driver's negligence put you on the ground, please call us today.

Frequently Asked Questions About Pedestrian Accidents in Florida

Who is at fault if I was not in a crosswalk when I was hit?

Not being in a marked crosswalk does not automatically make you at fault for a pedestrian accident. Florida law requires drivers to exercise due care to avoid striking any pedestrian, regardless of where they are on or near the road. If a driver had an opportunity to see you and take evasive action but failed to do so, they may still be liable even if you were crossing outside a marked crosswalk. The specific facts of where you were, what you were doing, and what the driver could have seen and done all matter. Our attorneys evaluate these facts carefully to build the strongest possible case.

Can I file a claim if I was hit by an uninsured driver?

Yes. If you own a vehicle with uninsured motorist coverage on your policy, that coverage may extend to you as a pedestrian struck by an uninsured driver. Florida does not require drivers to carry uninsured motorist coverage, but many people have it and do not realize it applies in pedestrian accident situations. If you do not have a vehicle or do not carry uninsured motorist coverage, there may be other avenues for compensation depending on the circumstances. Our attorneys review every available coverage option at the beginning of every case.

How long do I have to file a pedestrian accident claim in Florida?

Florida's statute of limitations for pedestrian accident injury claims is two years from the date of the accident. If the accident involved a government vehicle, government employee, or a dangerous road condition maintained by a government agency, shorter notice deadlines apply and additional steps must be taken before filing a lawsuit. In wrongful death cases arising from a pedestrian accident, the same two-year window applies from the date of death. Missing these deadlines almost always eliminates your right to any compensation, so contact an attorney as soon as possible.

What if the driver claims I appeared suddenly and they could not stop in time?

This is one of the most common defenses raised in pedestrian accident cases. Whether it holds up depends on a careful analysis of the facts: the speed the driver was traveling, the sight lines at the location of the accident, the lighting conditions, whether the driver was paying full attention to the road, and how much time the driver actually had to react. Drivers traveling at safe speeds and paying full attention can often avoid striking pedestrians even in unexpected situations. Our attorneys investigate these factors thoroughly to establish what the driver should have been able to do.

Does Florida's no-fault insurance apply to pedestrian accidents?

Florida's Personal Injury Protection coverage applies to occupants of motor vehicles, not to pedestrians. However, there is an important exception: if you are struck by a vehicle and you are the named insured or a family member of the named insured on a Florida auto insurance policy, the PIP coverage on that policy may actually cover some of your initial medical expenses as a pedestrian. This does not eliminate your right to pursue a claim against the driver, but it may provide some initial coverage. Our attorneys sort through the applicable insurance coverage in every case.

What should I do immediately after being struck by a vehicle as a pedestrian?

Call 911 immediately and make sure both law enforcement and emergency medical services respond to the scene. Accept medical evaluation and treatment on the scene and follow up with full medical care as soon as possible, even if you feel okay initially. If you are physically able, photograph the scene, the vehicle, your injuries, and any relevant road or crosswalk conditions. Get the driver's name, contact information, license plate, and insurance information. Collect contact information from any witnesses. Do not give a recorded statement to the driver's insurance company before speaking with an attorney. Then contact The Dill Law Group for a free consultation as soon as possible.

Can I still bring a claim if my injuries are not immediately obvious?

Absolutely, and this is one of the most important reasons to seek immediate medical attention after any accident. Some of the most serious pedestrian accident injuries, including traumatic brain injuries, internal organ damage, and certain spinal injuries, do not present obvious symptoms at the scene. They may develop over hours or days. Seeing a doctor immediately creates the medical record connecting your injuries to the accident, which is essential for your claim. If you wait, gaps in your medical record give the insurance company grounds to argue that your injuries occurred some other way or are not as serious as you claim.

Contact Our Orlando Pedestrian Accident Attorneys Today

Being struck by a vehicle is one of the most traumatic experiences a person can go through. You should not have to navigate the legal and insurance process on top of everything else you are dealing with. The Dill Law Group is here to carry that burden for you.

We offer free consultations with no obligation and handle pedestrian accident cases on a contingency fee basis. You pay nothing unless we win. Florida's deadlines are strict and evidence disappears quickly, so please do not wait to call.

Call The Dill Law Group today at (407) 367-0278 or fill out the contact form on this page to schedule your free consultation. We are ready to stand up for you.