Pedestrian Accidents: What to Do If You Are Struck by a Car

May 4, 2026

Dennis Hernandez

Florida consistently ranks among the most dangerous states for pedestrians. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), over 9,500 pedestrian crashes occurred statewide in 2024, resulting in more than 780 fatalities. These numbers highlight why hiring an experienced pedestrian accident lawyer Florida can be critical after such incidents.

Pedestrian accidents are complex cases involving multiple parties, from drivers to municipalities. Understanding your rights and responsibilities under Florida law is essential.

What Steps Should You Take Immediately After Being Struck?

If you are hit by a vehicle, your actions in the moments and days afterward can significantly impact your claim:

Seek Medical Attention – Even if you feel fine, hidden injuries are common.
Call Law Enforcement – Florida Statute §316.066 requires filing a crash report if injuries occur.
Document the Scene – Take photos and gather witness statements if possible.
Avoid Giving Recorded Statements – Insurance companies may use your words against you.
Contact a Lawyer Early – An experienced Fort Myers car accident lawyer can protect your rights from the start.

How Do Liability Rules Apply to Pedestrian Accidents?

In Florida, liability often depends on negligence. A Fort Myers accident attorney will examine:

Driver distraction, intoxication, or speeding.
Pedestrian actions, including jaywalking or crossing outside designated zones.
Municipal responsibility for poor signage or dangerous intersections.

Comparative negligence under Florida Statute §768.81 allows compensation even when you share partial fault.

Can You File a Pedestrian Injury Claim in Florida?

Absolutely. Victims can file a pedestrian injury claim Florida to recover damages such as:

Medical expenses
Lost income
Pain and suffering
Rehabilitation costs

Hiring a Fort Myers personal injury attorney ensures accurate claim valuation and protection against insurance tactics that seek to minimize payouts.

How Does No-Fault Insurance Affect Pedestrian Cases?

Florida follows a no-fault insurance system under Statute §627.736. However, pedestrians often exceed personal injury protection (PIP) limits due to severe injuries. In such cases, hiring a pedestrian accident lawyer in Florida becomes essential to pursue additional claims against negligent drivers, as they can navigate the complexities of the legal system and ensure victims receive the full compensation they deserve..

What If a Crosswalk Was Involved in the Accident?

Crosswalk-related crashes are common, and a crosswalk accident claim Florida can strengthen your case if:

The driver ignored pedestrian right-of-way rules.
Traffic signals or markings were unclear or missing.
Road maintenance issues contributed to unsafe conditions.

An experienced motor vehicle accident lawyer Fort Myers will investigate local ordinances and state statutes to determine liability.

How Can a Personal Injury Law Firm Help You?

A reputable personal injury law firm in Fort Myers guides victims through every step, from filing claims to negotiating with insurers. At Dennis Hernandez Injury Attorneys, we have recovered millions and millions for clients, helping families rebuild after devastating accidents. If you’ve been involved in a pedestrian accident, hiring a pedestrian accident lawyer in Florida can be crucial to securing the compensation you need to cover medical bills, lost wages, and long-term rehabilitation costs. As we say: “We fight to get you paid!”

What Are the Benefits of Hiring a Local Attorney?

An accident lawyer Fort Myers FL understands local court procedures, insurance company tactics, and municipal traffic patterns. Combining this knowledge with statewide resources gives you a stronger position during settlement negotiations.

Why Is It Critical to Choose the Right Firm?

Working with a Fort Myers personal injury law firm provides access to a legal team skilled in handling severe injury claims, complex liability disputes, and multi-party accidents.

How Is Negligence Proven in Pedestrian Accidents?

Florida Statute §768.075 outlines property owner and driver responsibilities. To hold a negligent driver pedestrian crash Florida accountable, lawyers gather:

Surveillance footage
Accident reconstruction reports
Eyewitness testimony
Medical documentation

A detailed approach ensures the strongest claim possible.

What Types of Compensation Are Available?

Victims can pursue accident compensation in Fort Myers for both economic and non-economic damages, including medical bills, rehabilitation, and emotional suffering. A pedestrian accident lawyer in Florida can help ensure that all aspects of the injury, including pain and suffering, are accounted for when seeking compensation. In severe cases, punitive damages may be justified under Florida law, especially if the driver’s actions were egregiously reckless.

What Role Does Litigation Play in Complex Cases?

When negotiations fail, a litigation attorney Florida files suit to secure fair compensation. Lawsuits may be necessary when:

Multiple vehicles are involved.
Serious or permanent injuries occur.
Insurance companies dispute liability.

When Should You Call an Injury Law Firm?

Involving an injury law firm Fort Myers early helps preserve evidence and prevents missed filing deadlines. Florida’s statute of limitations under §95.11 generally allows four years, but waiting too long can weaken your case.

What If the Accident Happened Outside a Crosswalk?

If the driver claims you were outside a crosswalk, your pedestrian rights accident claim in Florida may still succeed if negligence can be proven elsewhere. A pedestrian accident lawyer in Florida can help investigate the details of the case, gather evidence, and build a strong argument, as courts frequently rule in favor of pedestrians when drivers fail to exercise reasonable care.

How Do Car Crash Attorneys Protect Pedestrian Victims?

A Fort Myers car crash attorney negotiates aggressively with insurers and builds cases for maximum recovery, leveraging investigative tools like reconstruction experts and traffic engineers.

What If You Were Seriously Injured?

For accident victims Fort Myers suffering life-altering injuries, compensation must reflect future medical costs, permanent disability, and reduced earning capacity. Your attorney will use expert testimony to ensure fair valuation.

How Do Lawyers Handle Insurance Companies?

Insurers prioritize minimizing payouts. Hiring a pedestrian accident lawyer in Florida ensures you are not pressured into accepting an unfair settlement. Skilled attorneys can challenge undervalued offers and pursue litigation when necessary, working to secure the full compensation you deserve for your injuries and losses.