Florida Pedestrian Accident Lawyer

By Lorne Kaiser & Steven Romanello, Kaiser Romanello, P.A. | Florida personal injury attorneys since 2002 | Last reviewed: June 2026

Why Florida is the Deadliest State for Pedestrians

For more than a decade, Florida has ranked at or near the top of every U.S. ranking for pedestrian fatalities per capita. Smart Growth America's "Dangerous by Design" report consistently identifies 8 of the 20 most dangerous metros for pedestrians as being in Florida — including Orlando, Deltona-Daytona Beach, Lakeland-Winter Haven, North Port-Sarasota, Bakersfield-Brentwood-Largo, and Tampa-St. Petersburg.

The structural reasons:

• Wide arterial roads with high speeds and few crosswalks — Florida's car-centric suburban design forces pedestrians across high-traffic roads at infrequent intervals
• Year-round outdoor activity — warm weather means more pedestrians on roads 12 months a year
• Heavy tourist population — visitors unfamiliar with local roads, distracted by phones and maps, make up a disproportionate share of pedestrian fatalities
• Large elderly population — slower walking speeds, reduced reaction time, and reduced visibility make Florida's retiree population vulnerable
• Inadequate sidewalk infrastructure — many corridors force pedestrians into the road
• High rate of impaired driving — Florida consistently ranks in the top 10 for DUI-related fatalities

Florida's Two Pedestrian Statutes

Florida pedestrian crash liability is governed by two interlocking statutes that set the rules for both drivers and pedestrians.

Driver Duties Under § 316.075 and § 316.130(15)

Florida drivers have specific legal duties toward pedestrians:

• Yield to pedestrians in crosswalks — marked OR unmarked at intersections
• Stop at school crosswalks when crossing guards present
• Use due care to avoid striking any pedestrian on the roadway (§ 316.130(15))
• Sound the horn when necessary to warn pedestrians of danger
• Exercise proper precautions when observing children or visibly confused/incapacitated pedestrians
• Reduce speed in school zones, near parks, residential areas

A driver who violates any of these duties — especially the duty to yield in a crosswalk — is typically found liable for the pedestrian's injuries.

Pedestrian Rules Under § 316.130

Pedestrians also have legal obligations under Florida law. Defense attorneys aggressively cite these to shift fault to the victim:

• Use sidewalks where provided — Florida law requires pedestrians to use sidewalks rather than walking in the road when sidewalks are available (§ 316.130(3))
• Walk facing traffic when no sidewalk exists (§ 316.130(4))
• Use crosswalks at intersections when present (§ 316.130(11))
• Yield to vehicles when crossing outside crosswalks (jaywalking) (§ 316.130(10))
• Obey traffic signals when applicable (§ 316.130(7))
• Not suddenly leave a curb directly into the path of a vehicle (§ 316.130(8))

The key legal point: a pedestrian violating one of these rules can be assigned comparative fault — but the driver's duty to use "due care" survives. Even a jaywalking pedestrian can recover if the driver was distracted, speeding, or otherwise negligent.

HB 837 51% Comparative Negligence Rule

Under Florida HB 837 (effective March 24, 2023), Florida adopted a modified comparative negligence rule with a 51% bar:

• If the pedestrian is found 50% or less at fault, they recover damages — reduced by their percentage of fault
• If the pedestrian is found 51% or more at fault, they recover nothing

This rule made Florida pedestrian cases substantially harder. Before March 2023, Florida used pure comparative negligence — a pedestrian even 99% at fault could still recover 1% of damages. Now, the defense's incentive is to push pedestrian fault above 51% to eliminate recovery entirely.

The most common defense strategies to push pedestrian fault past 51%:

• Jaywalking allegations (crossing outside a marked crosswalk)
• Distraction (looking at phone)
• Walking in dark clothing at night
• Walking in or near roadway when sidewalks were available
• Intoxication

Responding to these defenses with photographs, witness testimony, and accident reconstruction is the core of any serious Florida pedestrian case.

Common Florida Pedestrian Crash Scenarios

Insurance Coverage Available to Pedestrian Victims

Florida pedestrians struck by motor vehicles have multiple potential sources of recovery:

1. The at-fault driver's bodily injury liability coverage

Primary source. Florida does not require drivers to carry bodily injury liability — only PIP and property damage. Many at-fault drivers in Florida pedestrian crashes have only the state-minimum coverage, which means limited recovery from the driver alone.

2. The pedestrian's own uninsured motorist (UM) coverage

UM follows the person, not the vehicle. A pedestrian struck by an uninsured, underinsured, or hit-and-run driver can recover under their own UM coverage even though they weren't driving. Stacked UM provides additional limits. See our UM coverage analysis.

3. PIP (Personal Injury Protection)

Florida's no-fault PIP coverage applies to pedestrians struck by motor vehicles in certain circumstances. If the pedestrian is the named insured on a Florida auto policy (or a resident relative), PIP pays up to $10,000 in medical expenses and lost wages regardless of fault. PIP is the first source of payment.

4. The Driver's Employer (if a work vehicle)

If the driver was operating a vehicle for work (commercial truck, Amazon delivery, Uber/Lyft on active ride, company car), Florida's dangerous instrumentality doctrine reaches the employer/owner. See our dangerous instrumentality analysis.

5. Premises Liability (if a property defect contributed)

If poor lighting, inadequate signage, blocked sight lines, or other property conditions contributed to the crash, the property owner may share liability. Most often arises in parking lot cases.

6. Government Liability (if a road defect contributed)

If a missing crosswalk, malfunctioning traffic signal, or inadequate signage contributed, the city/county/state may share liability. These cases require advance written notice and are subject to sovereign immunity caps under Fla. Stat. § 768.28 ($200,000 per person / $300,000 per incident).

Hit-and-Run Pedestrian Cases

Hit-and-run is a particularly common — and devastating — pattern in Florida pedestrian crashes. The driver flees, often before EMS arrives. The pedestrian, lying in the road, may not be able to capture identifying information.

Two critical legal frameworks apply:

Aaron Cohen Life Protection Act (criminal)

If the pedestrian dies, the fleeing driver faces a 1st-degree felony with a 4-year mandatory minimum prison sentence under § 316.027(2)(c). This is the Aaron Cohen Life Protection Act — named after a Florida cyclist killed by a fleeing drunk driver in 2012. Full explanation.

UM coverage (civil)

The pedestrian (or surviving family) recovers civil damages through their own uninsured motorist (UM) coverage. UM applies even when the at-fault driver flees and is never identified. Stacked UM coverage can multiply available limits.

Florida Cities We Serve

Florida's 2-Year Statute of Limitations

Under Florida HB 837 (March 2023), pedestrian crash victims have 2 years from the date of the crash to file a civil lawsuit. This shortened deadline (from the previous 4-year rule) creates significant pressure to act fast.

Compensation You Can Recover

• Medical expenses — emergency care, surgery, ICU, ongoing physical therapy, future medical costs
• Lost wages and lost earning capacity — current income loss + diminished ability to earn over time
• Pain and suffering — physical pain, emotional distress, loss of enjoyment of life
• Permanent disability and disfigurement — visible scarring, mobility loss, life-care needs
• Long-term care costs — home modifications, in-home assistance, wheelchairs, prosthetics
• Wrongful death damages — for surviving family if the pedestrian died (see our wrongful death hub and Free Kill loophole analysis)
• Punitive damages — when the driver was intoxicated, fled the scene, or showed gross indifference to life

What to Do After Being Struck by a Vehicle

1. Call 911 immediately for medical response and police. Insist on an official accident report — this is the foundation of every pedestrian case.
2. Get the driver's information — name, address, driver's license, license plate, vehicle make/model, insurance. If you can't (because of injuries), the police will collect it.
3. Photograph the scene if able — the road, your injuries, the vehicle, signage, lighting, weather conditions.
4. Get witness contact information — bystanders scatter quickly. Names and phone numbers are critical.
5. Accept emergency medical evaluation — even if your injuries seem minor. Pedestrian crashes routinely cause delayed-onset injuries (TBI, internal bleeding, soft-tissue damage).
6. Do NOT speak with the driver's insurance — they will ask leading questions designed to push fault onto you.
7. Do NOT post about the crash on social media — defense attorneys subpoena social media to find statements they can use against you.
8. Notify your own UM carrier within 30 days — many policies require this regardless of whether you eventually claim under UM. Missing this can void coverage.
9. Call a Florida pedestrian accident attorney within days — surveillance footage from nearby businesses is overwritten on 7-30 day cycles. Preservation letters must go out immediately.

Why Choose Kaiser Romanello

Kaiser Romanello, P.A. has represented Florida personal injury victims since 2002, recovering over $30 million for clients across motor vehicle, premises liability, and wrongful death cases. Our Florida pedestrian practice runs on three principles:

• Comparative fault defense. The 51% bar under HB 837 means we must aggressively defeat comparative-fault allegations. We rebuild the scene with photographs, surveillance video, witness testimony, and accident reconstruction experts.
• Multi-source recovery mapping. Pedestrian cases often involve multiple insurance sources — the driver's liability, the pedestrian's UM, PIP, employer (if a work vehicle), premises liability, government liability. We identify and pursue every available policy.
• Trial preparation as default. Insurance carriers settle fairly only when they believe the case will reach a jury. Volume firms get lowballed. We don't.

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Frequently Asked Questions