If you have been injured by a negligent driver, it is important to retain an experienced pedestrian accident attorney. Skilled legal representation can protect your interests and negotiate with insurance companies that may seek to deny or undervalue claims, especially when victims are unrepresented.
Florida is among the states with the highest pedestrian fatality rates. In 2024, the Florida Department of Highway Safety and Motor Vehicles reported 701 pedestrian deaths. Busy intersections and tourist-heavy beach areas create hazards for pedestrians, making it important to work with attorneys who understand local traffic patterns and liability laws.
Pedestrians are highly vulnerable, and even low-speed impacts can cause life-altering injuries. Insurance companies are aware that unrepresented victims often accept settlements worth only a fraction of their actual damages because they do not know their rights under Florida law.
Call Englander Peebles at 954-500-4878 to protect your rights after a pedestrian accident.
Why Pedestrian Accident Claims Are More Complex Than You Think
Pedestrian accidents often involve complex legal issues. Multiple insurance policies, disputed liability, and severe injuries can create challenges that most victims do not expect compared to typical car accident claims.
Pedestrian accident victims often have more than one potential source of coverage, but coordinating these benefits can be complex without legal guidance. Your pedestrian accident lawyer can help identify and pursue all available policies, which may include:
- Personal Injury Protection (PIP) from your own auto insurance, even if you were not driving at the time.
- Bodily injury liability coverage from the at-fault driver for additional compensation.
- Homeowner’s or renter’s insurance if you share partial responsibility for the accident.
- Umbrella policies that provide excess coverage when damages exceed primary limits.
- Business or commercial insurance when company vehicles or unsafe property conditions contribute to the accident.
By uncovering every applicable policy, your attorney can maximize your total recovery and prevent insurers from avoiding full payment.
Insurance Companies Use Specific Tactics Against Pedestrian Accident Victims
Insurance companies often use aggressive strategies to reduce or deny pedestrian accident claims. Understanding these tactics can help you see why professional representation is so important. Common approaches include:
- Blaming pedestrians for being “invisible” even in daylight.
- Claiming jaywalking, even when victims were in marked crosswalks.
- Arguing injuries came from pre-existing conditions rather than the accident.
- Disputing liability entirely to avoid paying high-value claims.
- Exploiting the lack of dashcam footage or complete eyewitness accounts.
A pedestrian accident lawyer can counter these tactics with evidence, legal arguments, and negotiation skills that protect your right to fair compensation.
Common Fort Lauderdale Pedestrian Accident Scenarios Requiring Legal Help
Knowing how pedestrian accidents happen in Fort Lauderdale can help establish liability. The city’s traffic patterns and heavy tourist population often create additional hazards for pedestrians.
Crosswalk Accidents at Major Fort Lauderdale Intersections
Las Olas Boulevard and A1A see frequent pedestrian accidents when drivers fail to yield at marked crosswalks, particularly during peak tourist seasons when foot traffic increases dramatically along Fort Lauderdale’s beach corridors. Right-turning vehicles strike pedestrians who have walk signals because drivers focus on merging into traffic rather than checking for people legally crossing the street.
Left-turning drivers at intersections like Federal Highway and Sunrise Boulevard often claim they didn’t see pedestrians crossing with the light, blaming sun glare or obstructed views that don’t legally excuse their negligence. The complexity of multi-lane intersections near Galleria Mall and throughout downtown Fort Lauderdale creates confusion about right-of-way rules that endangers pedestrians who follow traffic signals correctly.
Parking Lot Pedestrian Accidents Throughout Broward County
From large shopping centers like Sawgrass Mills to smaller strip malls along Commercial Boulevard, parking areas present unique risks for pedestrians. Drivers often focus more on finding a parking spot than watching for people walking to their destinations. In many cases, backing vehicles strike pedestrians when drivers rely only on mirrors instead of checking blind spots, leading to serious injuries even at relatively low speeds.
Accidents on private property can make claims more challenging because police may not respond or prepare an official report. This makes preserving evidence through your pedestrian accident lawyer essential for proving what happened.
In some situations, property owners may also share liability, such as when inadequate lighting makes it difficult to see pedestrians, overgrown landscaping blocks sightlines, or the absence of marked pedestrian walkways leaves people unprotected from vehicle traffic.
Tourist Area Pedestrian Accidents Along Fort Lauderdale Beach
Fort Lauderdale Beach attracts millions of annual visitors unfamiliar with local traffic patterns, creating dangerous conditions for pedestrians along A1A and the connecting streets that lead to beach access points. Impaired drivers leaving beachfront bars and restaurants pose particular risks during evening hours when visibility naturally decreases and reaction times become critical.
Delivery vehicles and rideshare drivers stopping in traffic lanes force pedestrians to navigate around vehicles into active traffic where other drivers don’t expect them. Electric scooters and bicycles on sidewalks create additional hazards that sometimes strike pedestrians directly or force them into vehicle paths to avoid collisions.
How a Pedestrian Accident Lawyer Proves Your Case
Establishing fault in a pedestrian accident often requires more than a police report, which may be incomplete or contain errors that insurance companies can exploit.
Critical Evidence Your Pedestrian Accident Attorney Gathers
Proving fault in a pedestrian accident requires more than just a police report. Your lawyer will move quickly to collect evidence that strengthens your claim, such as:
- Surveillance footage from businesses, traffic cameras, and private residences.
- Vehicle damage analysis to determine speed, point of impact, and driver actions.
- Electronic data from the vehicle, including speed, braking, and steering inputs.
- Witness testimony to counter driver claims and establish credibility.
- Social media posts and phone records showing distraction or impairment.
The faster your attorney gathers and preserves this evidence, the harder it becomes for the other side to dispute your version of events.
Understanding Your Rights Under Florida Pedestrian Laws
Florida Statute 316.130 establishes pedestrian rights and responsibilities, including the right to cross at marked crosswalks and intersections when signals indicate it’s safe to proceed. Drivers must yield to pedestrians in crosswalks and exercise due care to avoid collisions even when pedestrians make mistakes or violate traffic laws.
The statute doesn’t give pedestrians absolute right-of-way in every situation, but drivers maintain a higher duty of care given the extreme vulnerability of people on foot compared to those protected by vehicles. Comparative negligence principles under Florida Statute 768.81 allow recovery even when pedestrians share partial fault for accidents, though compensation reduces proportionally by their percentage of responsibility.
The Real Cost of Pedestrian Accident Injuries in South Florida
Pedestrian accidents cause catastrophic injuries that require extensive medical treatment and often result in permanent disabilities affecting every aspect of victims’ lives, from their ability to work to their enjoyment of daily activities.
Immediate Medical Expenses from Pedestrian Accidents
Pedestrian accidents often cause severe injuries that lead to substantial medical bills within days of the collision. These expenses may include:
- Emergency transport and trauma center treatment.
- Multiple surgeries for fractures or orthopedic injuries.
- Intensive care unit (ICU) stays and hospitalizations.
- Specialized brain injury or spinal cord rehabilitation.
- Ongoing physical therapy and follow-up procedures.
Without help from an experienced attorney to seek payment from those responsible, victims and their families may struggle with long-term financial hardship.
Long-Term Impact of Pedestrian Accident Injuries
Spinal cord injuries may require lifetime care including personal attendants for daily activities, wheelchair-accessible home modifications that cost tens of thousands, and adaptive equipment that needs regular replacement as technology advances. Physical therapy continues for months or years as victims work to relearn basic movements and adapt to permanent limitations that affect every aspect of their lives.
Lost wages during recovery create immediate financial pressure that forces families to deplete savings or take on debt, while permanent disabilities may prevent returning to previous employment entirely. Career changes forced by physical limitations mean accepting lower-paying positions that dramatically affect lifetime earnings and retirement security, creating financial impacts that extend decades beyond the accident.
Psychological trauma including post-traumatic stress disorder, anxiety about crossing streets, and depression from lost independence requires ongoing mental health treatment that insurance often inadequately covers. The loss of ability to enjoy previous activities, from playing with children to participating in sports or hobbies, profoundly impacts quality of life in ways that money cannot fully compensate but law recognizes as valid damages.
When to Contact a Pedestrian Accident Lawyer in Florida
Acting quickly after a pedestrian accident can help protect your legal rights and preserve important evidence. Speaking with a pedestrian accident lawyer early can be valuable, even before you finish medical treatment or fully understand the extent of your injuries.
Legal Deadlines That May Affect Your Pedestrian Accident Claim
In Florida, most personal injury lawsuits must be filed within two years of the accident date. However, shorter deadlines may apply if a government entity or commercial business is involved. Cases against government agencies often require written notice within specific timeframes, and missing these deadlines can affect your ability to pursue compensation.
Some insurance policies have even shorter reporting requirements, sometimes just a few days after an accident. Uninsured motorist claims follow separate timelines, which can make navigating the process difficult without legal guidance.
How Evidence Can Be Lost After a Pedestrian Accident
Evidence from a pedestrian accident can be lost quickly. Road crews may repair damage, weather can erase skid marks, and traffic resumes without leaving a trace of the conditions that contributed to the crash. Surveillance video is often deleted or overwritten within days or weeks.
Witnesses can be hard to locate over time, and even those willing to help may forget important details. Vehicle repairs or disposal can also remove signs of impact, making it harder to prove what happened. Acting quickly with legal help can increase the chances of preserving this information.
How a Pedestrian Accident Lawyer Can Increase Case Value
Working with an experienced pedestrian accident lawyer can increase the strength of your case and improve your chances of recovering fair compensation.
Negotiating With Insurance Companies in Pedestrian Accident Cases
Insurance companies often make low settlement offers or dispute the extent of a victim’s injuries. A pedestrian accident lawyer can use medical records, expert opinions, and evidence of lost income to seek a settlement that reflects the full impact of the accident.
Lawyers are also familiar with tactics insurers may use, such as delaying the process, denying valid claims, or conducting incomplete investigations. If the insurance company acts in bad faith, your attorney can take steps to hold them accountable.
Preparing for Trial in a Pedestrian Accident Claim
When negotiations do not result in a fair settlement, preparation for trial may be necessary. This process can include gathering additional evidence, working with accident reconstruction experts, and creating exhibits that clearly show the cause of the accident and the harm it caused.
Attorneys may also conduct focus groups to test arguments and prepare witnesses so their testimony is clear and persuasive in court.
Defense Strategies in Florida Pedestrian Accident Lawsuits
Comparative Negligence in Pedestrian Accident Cases
Defendants sometimes argue that the pedestrian was partially at fault, such as by crossing outside a crosswalk, being distracted, or walking while impaired. A pedestrian accident lawyer can present evidence showing the driver’s actions, such as speeding or failing to yield, played the primary role in causing the accident.
Under Florida’s comparative negligence law, pedestrians may still be entitled to compensation even if they share some responsibility, although the amount can be reduced based on their percentage of fault.
Visibility and Lighting Defenses in Pedestrian Accident Claims
Drivers may argue that poor lighting, sun glare, or weather conditions made it impossible to see a pedestrian. Accident reconstruction experts can review the conditions and determine whether the driver still had enough time and distance to avoid the collision. Photos, video, and scientific measurements can often show that pedestrians were visible and that the driver should have taken more care to prevent the crash.
FAQ for Pedestrian Accident Lawyer
How long do I have to hire a pedestrian accident lawyer after being hit?
Florida’s statute of limitations provides two years from the accident date to file a personal injury lawsuit, but waiting to hire a pedestrian accident lawyer risks losing critical evidence and witness testimony that strengthens your case. Insurance notification requirements often demand reporting within days or weeks of the accident, making immediate legal consultation important for preserving all compensation rights.
Evidence like surveillance footage, skid marks, and vehicle damage disappears quickly, so contacting an attorney within the first week after your accident provides the best opportunity for maximum recovery.
Who is at fault when a pedestrian is hit outside a crosswalk in Florida?
Florida law requires drivers to exercise due care to avoid hitting pedestrians regardless of location, meaning drivers may still bear liability even when pedestrians cross outside designated crosswalks. Comparative negligence principles allow pedestrians to recover compensation reduced by their percentage of fault, so crossing mid-block might reduce but not eliminate recovery if the driver was speeding, distracted, or impaired.
Your pedestrian accident lawyer investigates all contributing factors including visibility, driver reaction time, and whether the pedestrian’s actions were reasonable given circumstances like distance to nearest crosswalk or traffic conditions.
What if the driver who hit me doesn’t have insurance?
Uninsured motorist coverage from your own auto policy may provide compensation when drivers lack insurance, even though you were walking rather than driving at the time of the accident. Additional recovery sources your pedestrian accident lawyer pursues include the driver’s personal assets, employer liability if they were working, or claims against bars that overserved drunk drivers under Florida’s dram shop laws.
Some pedestrians have coverage through household members’ auto policies or umbrella insurance policies that provide protection for uninsured motorist situations.
Do I need a police report to file a pedestrian accident claim?
While police reports provide valuable documentation, you may still pursue compensation without one, especially in private property accidents where police might not respond or create official reports. Your pedestrian accident lawyer gathers alternative evidence including witness statements, surveillance footage, medical records showing injury timing and mechanism, and photographs to establish what happened.
Insurance companies give more weight to official police reports, but experienced attorneys know how to build strong cases using other evidence sources when reports are unavailable or contain errors.
Take Control of Your Recovery with a Fort Lauderdale Pedestrian Accident Lawyer
Gary B. Englander, Fort Lauderdale Personal Injury Attorney
Every day without legal representation allows insurance companies to build stronger defenses against your claim while crucial evidence disappears and witnesses become unavailable or forget important details. The physical and financial toll of pedestrian accidents demands aggressive advocacy from attorneys who understand both the complex legal landscape and the profound human impact of these devastating injuries on victims and families.
When you’ve been injured in a pedestrian accident, you need an attorney who combines deep knowledge of Florida law with a compassionate, client-focused approach. At Englander Peebles, we work tirelessly to pursue the full compensation you’re entitled to under the law.
Our experienced legal team has the skill and determination to stand up to insurance companies and negligent drivers who try to avoid responsibility for the life-changing injuries their negligence caused.
Call 954-500-4878 today for your free consultation, and let us manage the legal process while you focus on rebuilding your life.