Can You Sue Someone for Running You Over in Florida?
If you’ve been injured in a pedestrian accident, a knowledgeable pedestrian accident lawyer can help you navigate the challenges that follow. Serious injuries often bring severe pain, confusion, and financial hardship, leaving you uncertain about your legal options and how to move forward.
In Florida, if you’re injured because of a driver’s negligence, you may have the right to seek compensation. Your lawyer will need to clearly show how the driver’s actions led to your injuries. By working with an experienced pedestrian accident lawyer, you can better understand your rights, explore your legal options, and take confident steps toward recovery.
To discuss your case in a free, confidential consultation, contact the team at Englander Peebles today at (954) 226-9134.
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Legal Grounds for Filing a Pedestrian Accident Claim in Florida
In Florida, a personal injury lawsuit is based on the legal concept of negligence, which occurs when someone has a responsibility to act with reasonable care, fails to meet that responsibility, and causes harm to another person. In a pedestrian accident case, your attorney must prove four specific elements to establish that the driver was legally responsible for your injuries.
Florida Drivers’ Duty of Care Toward Pedestrians
Every driver in Florida is required by law to operate their vehicle in a reasonably safe manner, taking precautions to avoid causing harm to others on the road, including pedestrians. This obligation is a fundamental expectation for anyone who chooses to drive and forms the first element of a negligence claim.
How Drivers Breach Their Duty of Care in Pedestrian Accidents
Once a duty of care is established, your pedestrian accident lawyer must prove that the driver failed to uphold that duty. A breach occurs when the driver engages in careless or reckless actions such as speeding, texting while driving, running a red light, or failing to yield to a pedestrian in a crosswalk. These behaviors create unnecessary dangers and frequently result in preventable collisions. Under Florida Statutes § 316.130, drivers are specifically required to yield to pedestrians in marked crosswalks and in other situations where a pedestrian is lawfully in the roadway.
Proving the Driver Caused Your Pedestrian Accident
Your attorney must then prove that the driver’s breach of duty was both the direct and proximate cause of the accident and your injuries. This means proving a direct connection between the driver’s actions and the harm you suffered.
Damages You Can Recover in a Florida Pedestrian Accident Case
Finally, your case must establish that you suffered measurable losses as a result of the accident. These damages can include physical injuries, emotional distress, medical bills, lost income, and other hardships caused by the accident.
By working with an experienced pedestrian accident lawyer, you can take important steps to have each of these elements thoroughly addressed, building the strongest foundation to hold a negligent driver accountable and seek the compensation you may be entitled to under Florida law.
Leading Causes of Pedestrian Accidents in South Florida
Pedestrian accidents occur for many reasons, yet most are entirely preventable. In many cases, the underlying cause is a driver’s decision to act carelessly or become distracted, even for just a moment. Understanding the common causes of pedestrian accidents can help you stay safe and strengthen your case when you work with a pedestrian accident lawyer in South Florida.
How Distracted Driving Leads to Pedestrian Accidents
Distracted driving is a leading cause of traffic accidents in Florida and is especially dangerous for pedestrians. When a driver looks away from the road to read a text, adjust a GPS, or focus on any task other than driving, they risk missing a pedestrian crossing the street, stepping off a curb, or walking along the shoulder. Just a brief lapse in attention can lead to serious harm.
Driver Right-of-Way Violations That Endanger Pedestrians
Florida law makes it clear that drivers must yield to pedestrians in certain situations, yet violations of this duty remain a common cause of serious accidents. These often occur when drivers fail to yield at marked or unmarked crosswalks, ignore a “Walk” signal at an intersection, turn right on red without checking that the crosswalk is clear, or fail to stop for pedestrians while exiting driveways and parking lots. In high-traffic areas like downtown Fort Lauderdale, such actions can have devastating consequences and serve as compelling evidence of a driver’s negligence.
The Dangers of Speeding and Aggressive Driving for Pedestrians
Excessive speed plays a significant role in both the likelihood and severity of pedestrian accidents. When drivers exceed the speed limit in residential areas, school zones, or crowded urban streets, their ability to react quickly enough to avoid a collision is greatly reduced.
According to the National Highway Traffic Safety Administration (NHTSA), higher speeds not only make crashes more likely but also increase the severity of injuries when they occur. Aggressive driving behaviors, including tailgating, unsafe passing, and running red lights, add even more risk for pedestrians.
Steps to Take After a Pedestrian Accident in South Florida
If you have been struck by a vehicle, your immediate focus should be on your health and safety. After receiving prompt medical attention, the steps you take can greatly influence your ability to protect your legal rights and recover fair compensation. Working with an experienced South Florida pedestrian accident lawyer during this time can help you avoid costly mistakes and build a strong case.
Following Medical Advice to Strengthen Your Injury Claim
Your health must remain your top priority, and a consistent medical record is essential to the success of your injury claim. Follow your doctor’s recommendations, attend every follow-up appointment, and complete any prescribed physical therapy or rehabilitation programs.
Committing to your treatment plan supports your recovery while creating detailed documentation of your injuries, the care you received, and the ongoing effects on your daily life.
How Florida’s No-Fault Insurance Pays Medical Bills After a Pedestrian Accident
Many pedestrians in Florida are unaware of how medical expenses are handled after being struck by a vehicle. Under the state’s no-fault insurance system, your own Personal Injury Protection (PIP) coverage is usually the first source for medical coverage
If you do not own a car but live with a relative who does, you may be covered under their PIP policy. If neither of these situations applies, the at-fault driver’s PIP coverage may be used instead.
Once PIP benefits are exhausted, you may pursue additional compensation from the at-fault driver’s Bodily Injury (BI) liability insurance for remaining medical expenses, lost wages, and pain and suffering. Because navigating this process can be complex, consulting an experienced attorney can be highly beneficial.
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How to Preserve Evidence for Your Pedestrian Accident Claim
Strong evidence can play a critical role in the outcome of a pedestrian accident claim. Preserve clothing, shoes, and other personal items from the accident in their original condition, as they may contain important evidence.
Keep all medical bills, receipts for prescriptions and medical supplies, and correspondence from insurance companies organized in one location. Maintaining a daily journal can also be valuable.
Document your pain levels, physical limitations, and the ways your injuries affect your work, hobbies, and daily activities. This record can provide compelling support in demonstrating the full extent of your pain and suffering.
Florida Laws That Impact Your Pedestrian Accident Case
Several state laws will have a direct impact on your ability to file a claim and the amount of compensation you may be able to recover. An experienced pedestrian accident lawyer can navigate these complex statutes on your behalf and use them to build a strong case.
How Florida’s Comparative Negligence Rule Could Affect Your Compensation
Insurance companies often argue that the pedestrian was partly responsible for the accident, such as by crossing outside a crosswalk, wearing dark clothing at night, or being distracted.
Under Florida’s modified comparative negligence system, as outlined in Florida Statute § 768.81, your ability to recover damages can be affected if you are found to share responsibility for the accident. If your share of fault reaches a certain threshold, you may be barred from recovering any compensation. An experienced attorney can work to challenge these claims and protect your right to full and fair compensation.
The Statute of Limitations for Filing a Lawsuit in Florida
In Florida, you have a limited window to file a personal injury lawsuit. Under Florida Statutes § 95.11(4)(a), the deadline is generally two years from the date of the accident.
Although this may seem like ample time, investigating a serious pedestrian accident, collecting evidence, and negotiating with an insurance company can be lengthy processes. To protect your right to seek compensation in court, it is best to consult an attorney well before the deadline approaches.
How an Englander Peebles Attorney Handles Your Pedestrian Accident Claim
After a pedestrian accident, proving the driver’s negligence and fully documenting your injuries is key to securing fair compensation. Insurance companies often try to place blame on the pedestrian to reduce what they pay, which is why having an experienced pedestrian accident lawyer on your side can make a significant difference.
At Englander Peebles, we act quickly to gather evidence, speak with witnesses, and obtain records that strengthen your case. We handle all communication with insurance companies, protecting you from tactics that could harm your claim, and work with medical experts when needed to clearly show the impact of your injuries.
From start to finish, we focus on building a strong case, negotiating aggressively for a fair settlement, and taking your claim to court if the insurer refuses to be reasonable.
FAQs for Pedestrian Accident Lawyers
What if I was not in a marked crosswalk when the car hit me?
You may still have a strong case. Drivers in Florida have a general duty to be aware of their surroundings and to avoid colliding with pedestrians, regardless of where they are. While not being in a crosswalk might be a factor in determining comparative fault, it does not automatically prevent you from holding a negligent driver accountable for their actions.
How much does it cost to hire a lawyer for a pedestrian injury case?
Our firm, like most personal injury law firms, handles these cases on a contingency fee basis. This means you pay no upfront fees or out-of-pocket costs for us to work on your case. Our fee is a percentage of the compensation we successfully recover for you through a settlement or a verdict. If we do not win your case, you owe us nothing.
It is usually best to politely decline to accept any offer or sign any documents until you have had a chance to speak with an attorney. A quick settlement offer is often far less than the full value of your claim and, if you accept it, you will lose your right to seek any further compensation for future medical needs or other losses.
What types of compensation are available in a pedestrian accident claim?
You may be able to recover compensation for both economic and non-economic damages. This can include your past and future medical bills, lost wages and loss of earning capacity if you have a permanent injury, and your physical pain and suffering, emotional distress, and loss of enjoyment of life.
How long does it take to resolve a pedestrian accident claim in Florida?
The timeline for a case can vary greatly depending on its complexity and the severity of your injuries. A straightforward claim with clear liability might be resolved in a matter of months, while a more complex case involving permanent injuries that requires a lawsuit may take a year or longer to reach a conclusion.
Speak With a Florida Pedestrian Accident Lawyer to Protect Your Rights
Being struck by a vehicle can change your life in an instant, leaving you with serious injuries, emotional strain, and financial challenges that can affect every part of your daily routine. You do not have to face this process alone.
When you work with a knowledgeable pedestrian accident lawyer, you have someone who will take on the legal burdens, hold the negligent driver responsible, and pursue the compensation you need to focus on your recovery and rebuilding your life.
At Englander Peebles, we provide steady guidance and strong advocacy from the moment you contact us. Our team will investigate the accident, gather evidence, communicate with insurance companies, and, if necessary, represent you in court.
We are committed to protecting your rights and helping you move forward with confidence. Call us today at (954) 226-9134 for a free and confidential consultation.
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