FaultFreeClaims

Pedestrian Accidents

Pedestrian Accidents in Florida

Pedestrian accidents are a serious problem in Florida, a state repeatedly ranked among the most dangerous in the country for people on foot.

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Your deadline

2 years

Reduced from 4 to 2 years by HB 837 (2023). Wrongful death 2 years. Medical 2 years.

How fault works

Modified comparative negligence, 50% bar (post-HB837, 2023)

Being struck by a vehicle while walking often causes severe injuries, and questions of right-of-way at crosswalks and intersections can heavily influence a claim. Under Florida's modified comparative negligence rule with a 50% bar, if you're found partly responsible your compensation is reduced accordingly, and more than 50% fault bars recovery, so how the crash is characterized matters. Florida's no-fault PIP coverage can also factor in, since your own auto policy's $10,000 PIP may apply even when you were on foot. The window to file is 2 years under HB 837 (2023), which makes early guidance valuable. FaultFreeClaims can connect you with an independent, licensed Florida attorney who can review the right-of-way facts and your coverage.

What decides a pedestrian accident claim in Florida

  • Storefront, bus-shelter and gas-station cameras around that intersection record over themselves. Nobody pulls the footage unless somebody asks.
  • If you were unconscious at the scene, the only account the responding officer wrote down was the driver's, and the insurer starts from that.
  • Florida's 50% bar makes 'she stepped out' a complete defense rather than a discount — past half your share, there is nothing left to reduce.
  • HB 837 (2023) cut the window to 2 years, and most of the first one disappears into treatment before anyone has looked at the intersection.
All accident help in Florida

Frequently asked questions

I was hit while walking, can my own car insurance help in Florida?

Possibly. Florida's PIP coverage can sometimes apply to pedestrians who own an auto policy. An independent Florida attorney can check how your $10,000 PIP fits your situation.

The driver says I stepped out suddenly, does that end my claim?

Not automatically. Florida's 50% bar means partial fault reduces but doesn't erase recovery unless you're more than half responsible. An attorney can help establish what actually happened.

How long do I have to file an injury claim in Florida?

In Florida, the deadline is generally 2 years from the date of the accident. Reduced from 4 to 2 years by HB 837 (2023). Wrongful death 2 years. Medical 2 years. Deadlines are strict — the sooner you act, the more options you have.

Can I recover if the accident was partly my fault?

Florida follows this rule: Modified comparative negligence, 50% bar (post-HB837, 2023). Because the answer depends on the details, it's worth talking to an attorney who knows Florida law before assuming you have no case.

Does it cost anything to get connected?

No. Getting connected with an attorney through FaultFreeClaims is free and comes with no obligation. We are not a law firm — we connect you with independent, licensed attorneys.

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