Ryan Malnar is a leading Colorado attorney, recognized for Top-Rated Legal Excellence and Community Awards in Colorado Springs, delivering expert and trusted legal representation.
Being a pedestrian on Florida’s streets can be unexpectedly dangerous. Even the most careful walkers are at risk of serious injury when drivers act negligently. Pedestrian accidents can lead to life-changing injuries or even death, and victims often face mounting medical bills, lost wages, and physical and emotional pain.
Florida drivers have a legal duty to watch for pedestrians. When they fail to do so—especially in crosswalks or marked areas—they and their insurance companies are responsible for compensating injured pedestrians.
You Must Prove Fault to Receive Full Compensation
Florida is a fault state for pedestrian accidents. Even if an accident seems minor, proving the driver’s negligence is crucial to obtaining full compensation. Your personal injury claim can cover:
Medical expenses, including future care
Lost wages or reduced earning potential
Pain and suffering
Loss of enjoyment of life
Negligence must be demonstrated. Simply being hit does not automatically prove fault. You need evidence showing the driver failed to meet reasonable standards of care while operating their vehicle.
How Reasonable Drivers Should Act
The law assumes that reasonable drivers will:
Yield to pedestrians in crosswalks
Obey traffic signals and signs
Check for pedestrians before turning
Avoid distractions while driving, like texting or phone use
Failure to follow these basic rules may establish the driver’s negligence and strengthen your case.
Proving Fault in a Pedestrian Accident
After a pedestrian accident, collecting evidence quickly is critical. Useful evidence includes:
Photos of the accident scene
Witness statements from bystanders
Police reports documenting the incident
Security cameras or dashcam footage
Evidence can fade over time, and medical treatment often takes precedence. A skilled attorney can help gather and preserve this crucial proof.
Negotiating Financial Compensation Can Be Challenging
Even when fault is clear, insurance companies may attempt to minimize their payout. They might argue:
The pedestrian shared some blame
Injuries are less severe than claimed
Settlement amounts are too high
Your attorney advocates for your rights and ensures you receive compensation that reflects your medical expenses, lost wages, pain and suffering, and other damages.
Insurance Companies Often Try to Pay Less
Insurance companies know what your claim is worth, but they aim to protect their profits. They may:
Offer low settlements early
Delay negotiations to pressure you
Require extensive documentation for every claim
Having an experienced lawyer signals that you are prepared to fight for fair compensation, often resulting in higher settlements.
Call a Florida Pedestrian Accident Lawyer
After a pedestrian accident, contacting an experienced attorney immediately is essential. Stubborn Attorney has a proven record of helping injured pedestrians secure settlements and jury awards. Call 866-724-9256 or contact us online for a free consultation.
FAQs
Can the insurance company deny my claim?
Yes, but you still have legal options. A denial does not prevent you from filing a lawsuit against the responsible driver. Most cases settle outside of court, but your attorney will guide you through every step.
How long will my pedestrian accident case take?
Case length varies depending on evidence, injuries, and insurance negotiations. Some settle in months, while others may take longer.
Can I afford a pedestrian accident lawyer?
Personal injury attorneys work on a contingency basis—no fees are paid unless you win a settlement or award. You can get legal help without upfront costs.
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Recovering from a pedestrian accident involves more than just injuries. Insurance claims and paperwork can be stressful. We handle these for you so you can focus on healing.
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