Pedestrian Accidents in Florida: Know Your Rights
Florida consistently ranks among the most dangerous states in the country for people on foot. If you or a loved one was struck by a vehicle while walking, the good news is that Florida law gives injured pedestrians more protection than most people expect.
Surprising fact: your own car insurance may pay
Florida’s PIP (no-fault) coverage follows the person, not just the car. That means if you own a vehicle and are hit while walking, your own auto policy’s PIP typically pays your initial medical bills — even though you weren’t driving. If you don’t own a vehicle, the PIP of the car that hit you (or a resident relative’s policy) may cover you instead. For how PIP works generally, see our PIP insurance guide.
Beyond PIP: pursuing the at-fault driver
PIP only covers a portion of your losses. For serious injuries, you can pursue the at-fault driver’s bodily-injury liability coverage for the rest — including pain and suffering. Pedestrian injuries are often severe, so full compensation usually requires going beyond PIP.
Common causes
- Drivers failing to yield at crosswalks
- Distracted driving (phones)
- Turning vehicles not checking for pedestrians
- Poor lighting and missing sidewalks
- Speeding in residential and school zones
What about fault?
Drivers sometimes claim the pedestrian “darted out” or was jaywalking. Under Florida’s comparative negligence rule, you can still recover if you were 50% or less at fault, with your compensation reduced by your share. Witness statements and video footage are often decisive.
Frequently asked questions
Can I use my own car insurance if I was hit while walking?
Usually yes. Florida PIP follows you as a person, so your own auto policy typically covers your initial medical bills even though you were on foot.
What if I don’t own a car?
You may be covered by the PIP of a resident relative’s policy or the vehicle that struck you, and you can still pursue the at-fault driver’s liability coverage.
The driver says I wasn’t in a crosswalk — can I still recover?
Often yes. Being outside a crosswalk may reduce your recovery under comparative negligence, but it doesn’t automatically bar a claim, especially if the driver was speeding or distracted.
This article is general information about Florida law, not legal advice. Every case is different. Alfredo J. Rubio Law, PLLC offers free, bilingual consultations — contact us to discuss your case.
