Pedestrian accidents in Florida are alarmingly frequent, with thousands of injuries and fatalities occurring each year. The state's high population density, busy roadways, and large number of tourists contribute to these incidents. If you have been struck by a vehicle, understanding how to file a claim will help you recover compensation for medical expenses, lost income, and other damages.

This guide outlines the key steps to take after a pedestrian accident in Florida, from seeking medical treatment to pursuing a legal claim.

1. Seek Medical Attention Immediately

After an accident, medical care should be the first priority. Regardless if injuries are not immediately apparent, internal trauma, concussions, or soft tissue damage could develop later. Seeking prompt medical attention ensures that injuries are diagnosed and treated while also creating a documented medical record, which is essential when filing a claim.

Delaying treatment could weaken a case, as insurance companies may argue that injuries were not serious or were unrelated to the accident. Keep copies of all medical records, doctor's notes, prescriptions, and bills, as these will serve as evidence in your claim.

2. Report the Accident to Law Enforcement

Florida law requires accidents involving injury or substantial property damage to be reported to the police. Calling 911 ensures that an officer arrives at the scene to document key details. The official police report will include:

• The time and location of the accident
• The driver's name, contact information, and insurance details
• Witness statements
• A preliminary assessment of fault

This report is an important piece of evidence that can support your claim. You can request a copy of the report from the local law enforcement agency handling the case.

3. Gather Evidence at the Scene

If possible, collect evidence before leaving the accident scene. This can strengthen your claim by providing documentation of how the incident occurred. Key pieces of evidence include:

• Photographs of the accident scene, including traffic signals, crosswalks, and skid marks
• Images of injuries and vehicle damage
• Contact information for eyewitnesses
• The driver's license and insurance details

If you were unable to gather this information due to your injuries, a personal injury attorney can help obtain surveillance footage, additional witness statements, and expert testimony to build your case.

4. Understand Florida's Insurance Laws for Pedestrian Accidents

Florida operates under a no-fault insurance system, meaning that injured pedestrians can first seek compensation through their Personal Injury Protection (PIP) coverage. PIP insurance, which is mandatory for Florida drivers, provides limited compensation regardless of who was at fault. Coverage includes:

• Up to 80% of medical expenses (up to $10,000)
• Up to 60% of lost wages
• Death benefits for fatal accidents

However, PIP coverage is often insufficient for severe injuries. If medical expenses exceed policy limits or a pedestrian suffers a permanent injury, they may pursue additional compensation by submitting a claim against the at-fault driver's insurance.

5. Determine Fault and Liability

Florida follows a Modified Comparative Negligence rule, meaning that an injured person is able to recover damages through a legal claim even if they hold some responsibility for the accident. However, if they are found more than 50% at fault, they cannot recover compensation from the other party.

For example, if a pedestrian was jaywalking or crossing against a traffic signal, they can be assigned partial fault. Their compensation will then be reduced based on their percentage of fault. For instance, if total damages amount to $100,000 but the pedestrian is deemed 30% at fault, they would receive $70,000 instead of the full amount.

An experienced attorney is going to help you gather evidence to challenge fault assessments and maximize the compensation received.

6. File a Claim with the At-Fault Driver's Insurance

If the driver was responsible for the accident, a claim can be filed against their Bodily Injury Liability (BIL) coverage. This type of insurance often will cover medical expenses, lost wages, and pain and suffering. However, Florida does not demand that drivers carry BIL insurance, meaning some at-fault drivers may be uninsured or underinsured.

If the at-fault driver lacks sufficient insurance, alternative options for compensation include:

• Filing a claim under the pedestrian's Uninsured/Underinsured Motorist (UM/UIM) coverage, if available
• Filing a personal injury lawsuit against the driver

7. Consider Filing a Personal Injury Lawsuit

If a fair settlement cannot be reached through insurance negotiations, a lawsuit may be necessary. Under Florida law, injured pedestrians generally have two years from the date of the accident to file a personal injury claim. However, if the claim involves a government entity—such as a city bus or municipal vehicle—the deadline may be shorter, and additional filing requirements may apply.

A lawsuit may allow victims to recover damages beyond medical bills and lost wages, including:

• Pain and suffering
• Emotional distress
• Loss of earning capacity
• Permanent disability or disfigurement

Most personal injury cases are handled through settlement negotiations, but if necessary, a case may proceed to trial.

8. Work with an Experienced Personal Injury Attorney

Navigating a pedestrian accident claim can be complicated, especially when dealing with insurance companies whose goal is to minimize payouts. A personal injury attorney can:

• Handle communication and negotiations with insurance providers
• Gather additional evidence, including accident reconstruction reports
• Make sure deadlines are met and paperwork is filed correctly
• Advocate for the maximum compensation available

Legal representation will significantly improve the chances of a successful claim, particularly in cases involving serious injuries or disputes over fault.

Conclusion

Filing a claim for a pedestrian accident in Florida involves multiple steps, from seeking medical treatment and gathering evidence to negotiating with insurance companies and potentially filing a lawsuit. Given the Modified Comparative Negligence rule, proving fault and maximizing compensation requires careful documentation and, in many cases, legal assistance.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida pedestrian accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.