Getting hit by a car while walking can leave you with injuries far more serious than the driver ever faces, and a mountain of expenses to go with them. A pedestrian accident lawyer in Florida can pursue the driver and their insurer so someone else’s carelessness doesn’t cost you.
At Distasio Law Firm, our Florida personal injury lawyers will treat you like a person rather than a case number, giving you direct access to your attorney throughout your case instead of passing you off to a paralegal. We’re also available for a free consultation any time, day or night.
Florida Is One of the Most Dangerous States for Pedestrians
Florida consistently ranks among the worst states in the country for pedestrian deaths and injuries, and understanding why helps explain what you may be up against. Several factors work against people on foot here:
- Wide, high-speed roads that prioritize traffic flow over foot traffic
- Long gaps between crosswalks, which push people to cross mid-block
- Heavy tourist and seasonal traffic with drivers unfamiliar with the roads
- Year-round walkability that simply puts more people on foot, more often
The Florida pedestrian accident lawyers at Distasio Law Firm use these patterns to guide the investigation into your crash, spotting dangerous road design and anticipating how a driver’s insurer will try to shift blame.
For a free legal consultation with a Pedestrian Accident Lawyer serving Florida, call (813) 259 0022
How Florida’s No-Fault System Affects Pedestrians
Florida is a no-fault state, which means your own auto insurance may be the first place you turn, even though you were on foot.
If you own a car, your Personal Injury Protection (PIP) coverage typically pays first, up to $10,000, regardless of who caused the crash. If you don’t own a vehicle but live with a relative who does, their PIP may apply instead. The catch is that $10,000 rarely covers the cost of a serious pedestrian injury, and that’s when the picture changes.
Once your injuries meet Florida’s “serious injury” threshold, you can step outside the no-fault system and pursue the at-fault driver directly for the full extent of your damages. Sorting out which coverage applies, and when you’re allowed to go after the driver, is one of the most valuable things Distasio Law Firm does early in a pedestrian case.
Florida Pedestrian Accident Lawyer Near Me (813) 259 0022
Common Pedestrian Accident Injuries
Because there’s nothing between a pedestrian and a multi-ton vehicle, these crashes tend to cause some of the most severe injuries we see. Recognizing the full scope of harm is what separates a fair claim from a lowball offer. Injuries in pedestrian cases frequently include:
- Traumatic brain injuries and skull fractures
- Spinal cord damage and paralysis
- Multiple broken bones, often requiring surgery
- Internal bleeding and organ damage
- Permanent scarring and disfigurement
Many of these injuries carry costs that stretch years into the future, which is why our Florida pedestrian accident attorneys look well beyond your current bills when valuing a claim.
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Who May Be at Fault for a Florida Pedestrian Accident
Drivers are quick to blame pedestrians, but fault often reaches further than the person behind the wheel. Pinning down everyone responsible can open up additional insurance coverage to pursue, which matters when injuries are this serious.
Depending on how the crash happened, responsibility may rest with:
- The driver, for speeding, distraction, failing to yield, or ignoring a crosswalk
- An employer, if the driver was working at the time, such as making a delivery
- A government entity, if a broken signal, missing crosswalk, or poor lighting played a role
At Distasio Law Firm, we dig into each of these possibilities rather than accepting the driver’s insurer’s version of events. The more sources of responsibility we can establish, the more avenues there are to recover what you’re owed.
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Proving the Driver Was at Fault
Pedestrian cases often come down to one question: who had the right of way? Insurers lean hard on the idea that the pedestrian “came out of nowhere,” so building clear proof is essential.
A Florida pedestrian accident lawyer builds that proof by securing traffic and surveillance footage, obtaining the police report, interviewing witnesses, and, when needed, bringing in accident reconstruction professionals to establish speed, distance, and signal timing.
Put together, this evidence counters the driver’s story with facts instead of leaving it as your word against theirs. Without a Florida pedestrian accident lawyer pulling that evidence together quickly, it’s easy for a driver’s version of events to become the only version on record.
Florida Deadlines That Affect Your Pedestrian Accident Claim
Deadlines in Florida are strict, and missing one can shut down an otherwise strong claim. Acting early protects both your evidence and your legal options.
As of March 24, 2023, you generally have two years from the date of the crash to file a personal injury lawsuit under Florida Statute § 95.11(3)(a), reduced from the previous four years. If the accident took a loved one’s life, a wrongful death claim carries its own two-year deadline from the date of death.
The sooner you involve a pedestrian accident attorney in Florida, the more can be done before footage disappears and memories fade.
What to Do After a Pedestrian Accident in Florida
The moments after being hit are overwhelming, but a few key steps can protect your health and your claim at the same time. Follow as many of these as you’re physically able to:
- Call 911 and accept medical evaluation, even if the adrenaline is masking your pain.
- Stay at the scene and get the driver’s information and any witness contacts.
- Take photos or ask someone to, capturing the vehicle, the road, and signals or crosswalks.
- Don’t admit fault or downplay your injuries to anyone at the scene or on the phone.
- Contact a lawyer before giving any statement to the driver’s insurance company.
Each of these steps preserves something an insurer would otherwise use against you, and the last one ensures you have someone protecting your side from the start.
Why Choose Distasio Law Firm?
What sets us apart is that we prepare every claim as if it’s going to trial, so insurers know we won’t fold under a lowball offer. We’re not a settlement mill looking to churn through cases quickly.
Our founding lawyer is Board Certified in Civil Trial Law by The Florida Bar, a credential held by fewer than one percent of attorneys statewide. We’re also members of the Million Dollar Advocates Forum, reserved for trial lawyers who’ve secured seven- and eight-figure results.
That trial-ready reputation is often what moves a case toward a fair settlement. When it doesn’t, our Florida pedestrian accident lawyers are fully prepared to argue your case in front of a jury.
Talk to a Florida Pedestrian Accident Lawyer Today
You focused on getting where you were going; the driver didn’t focus on you. You shouldn’t have to carry the financial fallout of that alone.
Contact Distasio Law Firm for a free, no-obligation consultation, available day or night. You pay nothing unless we win your case.
Call or text (813) 259 0022 or complete a Free Case Evaluation form