What Are Your Legal Options After a Parking Lot Pedestrian Accident in Florida?

September 25, 2025

Dennis Hernandez

Nothing but harmless in-between spaces, parking lots can turn deadly in an instant. Be it an inattentive driver, dim lighting or shabby construction, pedestrians are among the most exposed users of these skirmishing zones. If you have been injured in a store parking lot in Florida, you may be entitled to compensation. Knowing your legal rights and choices can be the key to physical, emotional and financial recovery.

At Dennis Hernandez Injury Attorneys, we’ve collected millions and millions for clients injured as a result of wrongdoing. We fight to get you paid!

How Common Are Pedestrian Accidents in Parking Lots?

Parking lots aren’t high-speed, but they are full of dangers. The National Safety Council reports that 60,000 or more people are injured and at least 500 are killed annually in crashes that occur in parking lots all throughout the U.S. A high percentage of those involve people hit by cars on their way to or from a store, a work site, or even a car.

While some of these accidents cause only minor harm, countless more result in permanent injuries like fractures, traumatic brain injuries (TBIs) and spinal cord damage (SCIs). These injuries may lead to long-term physical and financial hardships; especially if the pedestrian is unable to return to work or requires prolonged rehabilitation.

What Causes Most Parking Lot Pedestrian Accidents?

There are a wide variety of reasons for accidents between pedestrians and cars in parking lots, but it usually comes down to negligence. The most common causes include:

Distracted driving: Drivers can easily become distracted by cell phones, GPS devices and in-car entertainment systems.
Not yielding: Motorists often disregard that pedestrians have the right of way.
Poor visibility: Lack of lighting, obstacles like signage or landscaping that block views can obscure pedestrians.
Speeding: Even 5 to 10 mph over the limit can result in catastrophic injuries for a pedestrian.
No signage or warnings: Some parking lots feature poorly designed crosswalks or no pedestrian signals at all.

Just as driver negligence frequently is a factor, the condition of property in such accidents also keys the practice area premise liability.

What Is Premises Liability and How Does It Apply?

Florida law requires property owners — including stores, shopping centers and landlords — to keep their premises in a reasonably safe condition for guests. This duty of care also applies to parking lots, sidewalks and walking areas.

A Florida premises liability lawyer can assist you with establishing that the property owner did not meet this obligation. If the accident was caused by inadequate lighting, cracked pavement or lack of pedestrian walkways, for instance, you may be able to hold the property owner legally responsible for your injuries.

Under Florida Statutes §768.0755, an owner of the property can be responsible if he or she knew of a hazardous situation and did nothing to resolve it.

Who Can Be Held Liable in a Parking Lot Pedestrian Injury?

Liability could be on the shoulder of more than one party based on how the accident happened. These may include:

The driver: Whether the driver was speeding, distracted or not yielding.
The property owner: If the design of the parking lot, lighting or maintenance were factors in causing your accident.
A third-party contractor: If the firm that was hired to maintain the lot didn’t do its job.
The management company: In some commercial complexes, the common areas between parking lots might fall to a management firm.

Facts regarding fault can only be obtained through a thorough investigation and legal analysis. Which is why you need an experienced attorney handling pedestrian accident parking lot in Florida.

What Should You Do After Being Injured in a Store Parking Lot?

Acting in the correct manner following an accident can serve to enhance your chances of obtaining financial recovery.

Get checked out by a professional – Even if it’s just a small cut or bruise. You’ll also be making a record that links your injuries directly to the accident.
Report the incident – Inform shop management or property security and request they make a report.
Collect evidence – Use your cell phone to take pictures of the scene, your injuries, damage to vehicles, lighting conditions, signage and any dangers.
Gather witness statements – Statements from witnesses can corroborate your version of events.
Keep your records — Save all medical records, receipts, time-off documents and correspondence with insurance companies.

How Does Comparative Negligence Affect Your Claim?

Florida follows a modified comparative fault rule, found in Florida Statutes §768.81. This means that if you are partly to blame for the accident, your settlement can be reduced.

For instance, if you were reading on your phone when you crossed and are found to be 20% at fault, your award would be cut by 20%. You still have the potential to collect 80% of your damages, though that is assuming your fault is less than half.

What Compensation Can You Seek for Parking Lot Injuries?

A pedestrian struck in a storefront parking lot may be able to recover both economic and non-economic damages. These include:

Health expenses – Hospitalization, services of a surgeon, treatment drugs.
Lost wages – The hours you lost at work and lost income potential.
Pain and suffering – The physical aspect as well as the emotional trauma.
Loss of enjoyment of life – Not able to do things you enjoy as hobbies or with loved ones.
Medical & Long-Term Care Costs – Long-term rehabilitation or assisted living.

If the negligence was especially poor, you may also be entitled to punitive damages.

How Can a Premises Liability Attorney in Florida Help?

Below are a few reasons to hire an experienced attorney, who can address every element of your case:

Scour the area for evidence and surveillance video
Consult with accident reconstruction experts
Document gathering of Medical Records and economic losses
Negotiate with insurance companies
Take the matter to court if a reasonable resolution can’t be agreed.

It is critical to have the support of a qualified attorney, as multiple parties may attempt to shift blame in parking lot pedestrian accidents. You want someone who can push back and prove liability.

Dennis Hernandez Injury Attorneys has assisted many injured people build compelling Motor Vehicle Accident cases against both careless car drivers and property owners. We fight to get you paid!

What’s the Time Limit for Filing a Claim?

Under Florida Statutes §95.11, you have 4 years from the date of the accident to file a personal injury lawsuit. But you should probably just speak with an attorney. With time evidence can be lost, and memories will dim, and surveillance video may be erased.

The sooner you take action, the better your chances of preserving critical evidence and developing a winning case.

Can You Recover Damages if You Were Partially at Fault?

Yes, you are still eligible to seek compensation under Florida’s system of comparative negligence provided that your own fault is not 50% or greater. This rule is a reminder to obtain sufficient objective evidence proving that someone else (such as a careless driver or landowner) was the primary cause of your injuries.

A premises liability attorney Florida is able to develop this argument, and it works in your favor.

Why Choose Dennis Hernandez Injury Attorneys?

We know that getting hurt in a store parking lot can put your whole life on hold. Our practice is dedicated to getting justice and full compensation for injury victims.

We have obtained millions and millions for clients.
We treat each case with a combination of aggressiveness and compassion.
Let us handle the legal side while you concentrate on getting better.
We’re not afraid to litigate against insurance companies.

We fight to get you paid!

What Should You Do Next?

Don’t Delay After a Pedestrian Accident Parking Lot Florida If you have been the victim of this type of pedestrian accident parking lot Florida, DTRIC will be here – to help. Here’s what to do now:

Seek medical help regardless of how minor the injuries might appear.
Preserve all evidence.
Free Consultation Contact the Dennis Hernandez Injury Attorneys to discuss your case.
Allow us to delve in and do battle on your side.

You do not need to endure this on your own. We are here to help, to walk you through each step and ensure that your rights remain protected and that your future remains bright.