Hit a Pedestrian With Your Car? Now What?

One second you’re driving. Next, everything changes. A turn, a parking lot, low light, someone stepping off the curb. Most drivers in this situation weren’t being reckless. They’re scared, shaking, and have no idea what comes next. Here’s what you need to know.

TLDR: What Happens to You When You Hit a Pedestrian

When a car hits a pedestrian in Florida, two separate legal situations can follow. Each carries its own consequences. Most people don’t realize they’re different, and that confusion makes things worse.

1. Criminal: The state can charge you if your driving crossed into reckless or illegal territory, such as speeding, running a red light, driving impaired, or leaving the scene. Real consequences here include fines, points on your license, license suspension, and, in serious cases, jail time. A DUI pedestrian accident or hit-and-run can result in felony charges with potential prison sentences. Not every accident gets here. But the details of how it happened matter a lot.
2. Civil: The pedestrian or their family can sue you for compensation, including medical bills, lost income, and pain and suffering. If they win, you pay out of your liability coverage. If the claim exceeds your policy limits, you could be personally responsible for the difference. This happens more often than criminal charges, and the bar is lower. You don’t have to have done something criminal to be sued.

Both can happen at the same time. One can happen without the other. Or neither. What you do in the next few hours affects both. So let’s start there.

What to Do Immediately After Hitting a Pedestrian in Florida

Your instinct might be to panic. That’s human. But what you do in the next few minutes matters more than it seems to be:

1. Stop Your Car
   Do not drive away. Not to pull into a parking lot, not to find a better spot, not even for a moment. Leaving the scene of an accident involving injury is a criminal offense in Florida under F.S. §316.027, which is separate and in addition to anything related to the accident itself. Stay put.
2. Call 911
   Call even if injuries look minor, or even if the pedestrian says they’re fine and that happened in a parking lot at low speed. You need law enforcement on the scene. A police report creates an independent record of what happened before stories change, witnesses leave, and memories fade. Minor injuries also have a way of not staying minor: symptoms from head trauma and soft tissue damage often show up hours or days later.
3. Check on the Pedestrian, But Watch What You Say
   Check whether the person needs help and stay with them until emergency services arrive. Do not say “I’m sorry” or “it was my fault” to anyone at the scene, not to the pedestrian, not to bystanders, not to someone recording on a phone. You don’t have full information yet. A single statement made in a moment of panic can follow you through an entire legal case.
4. Document Everything You Can
   While you wait for the police:
   • Photo the scene, your vehicle, the pedestrian’s location, road conditions, and any traffic signals
   • Note the time, weather, and lighting
   • Get witness names and contact info before they leave
   • Record the exact location
     A few minutes of documentation now can make a significant difference later.
5. Talk to a Lawyer Before Things Go Further
   Even if you think the accident was minor. Even if the pedestrian walked away. Even if you believe you did nothing wrong. By the time police have taken statements and insurance has started its investigation, the record of what happened is already forming. You want legal guidance before that process gets too far along. A free case evaluation costs you nothing.
6. Notify Your Insurance Company
   You are legally required to report the accident to your insurer. Do that, but keep it factual about what happened, where, and when. Do not give a detailed recorded statement yet, and do not speculate about fault. Insurance adjusters move fast, and anything you say in that first call becomes part of the record. Report the accident, then stop talking until you’ve spoken with a lawyer.

Once the immediate crisis is handled, the next question almost every driver asks is the same: was this my fault?

Who Is at Fault When a Car Hits a Pedestrian in Florida?

The fault isn’t decided at the scene. It gets determined by evidence on what both sides were doing in the moments before impact. A few key laws shape how fault gets determined in pedestrian cases:

Florida Still Holds Drivers to a High Standard

Under Florida Statutes §316.130(15), every driver has a legal duty to use due care to avoid hitting a pedestrian. That duty doesn’t disappear because someone crossed at the wrong spot or wasn’t paying attention.

Our partner, Michael Steinger, put it plainly when discussing a pedestrian accident with a girl hit in a crosswalk while looking at her phone:

“Did you notice that the girl was not paying attention in any way when crossing the road in a crosswalk? Yes. Is it (the accident) her fault? No. Should the driver of that van have clearly seen her? Absolutely, yes. He’s clearly at fault for this.”

When Each Side Typically Bears Fault

• Driver fault most commonly comes from distracted driving, speeding, failure to yield at crosswalks under F.S. §316.130(7), or not adjusting for poor visibility conditions.
• Pedestrian fault typically involves jaywalking under F.S. §316.130(10), ignoring signals, darting suddenly into traffic, or impairment.

Shared fault is more common than people expect. Most accidents involve decisions on both sides.

What Actually Determines Fault in a Pedestrian Accident

Investigators look at the police report, witness statements, camera footage, physical evidence like skid marks and vehicle damage, speed data, and road conditions at the time. None of this gets resolved quickly, which is exactly why what you say in those first hours matters so much.

Understanding the fault is one piece of the picture. The bigger question for most drivers is what it actually leads to legally, and that comes in two forms. How fault gets assigned shapes what happens next: starting with whether the state has grounds to pursue criminal charges.

Criminal Consequences for Hitting a Pedestrian in Florida

Hitting a pedestrian is not automatically a crime in Florida. That’s the first thing most drivers need to hear.

Whether criminal charges follow depends on what you were doing at the time and what the evidence shows. The standard isn’t just whether you broke a traffic law. Prosecutors ask whether you were driving with reasonable care given the conditions. Those are two different question:

• A driver going the speed limit but texting through an intersection can still face criminal exposure.
• And a driver who braked hard and did everything possible to avoid impact sits in a very different position.

Context and conduct matter.

The Range of Consequences

Florida law recognizes a spectrum depending on the circumstances:

• Traffic infractions sit at the lower end. Failure to yield or a minor violation that contributed to the accident. These carry fines and points but are not criminal convictions.
• Misdemeanor charges can apply under F.S. §316.1925 when a driver fails to operate their vehicle in a careful and prudent manner, even without a specific violation like speeding.
• Felony charges enter the picture when reckless driving, serious injury, or death is involved. Florida Statute §316.192 defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of others.
• DUI Changes Everything. If alcohol or drugs were involved, the situation shifts into a different category entirely. A DUI accident involving serious pedestrian injury can result in a first-degree felony. If the pedestrian dies, DUI manslaughter charges apply under F.S. §316.193, carrying potential sentences of up to 15 years or more.

Leaving the Scene

As we’ve mentioned, under F.S. §316.027, drivers must stop, render aid, and report. Leaving is a separate criminal offense regardless of fault. An accident that might have stayed civil can become a felony the moment you drive away.

When It Was Truly an Accident

When a driver wasn’t impaired, wasn’t speeding, and wasn’t distracted, criminal charges are uncommon. Prosecutors generally need evidence of negligence or recklessness beyond the accident itself. Staying on scene, calling 911, and cooperating with law enforcement puts you in a fundamentally different legal position than a driver who didn’t.

Even when criminal charges don’t follow, a separate civil legal process often does.

Can You Be Sued After Hitting a Pedestrian in Florida?

Yes, and this surprises a lot of drivers. You don’t have to have done something criminal to face a civil lawsuit. Civil cases require showing negligence, meaning you failed to act with reasonable care and that failure caused harm. That’s a lower bar than criminal charges, which is why civil lawsuits follow pedestrian accidents far more often.

What a Pedestrian Can Claim

In a civil lawsuit, a pedestrian may seek compensation for medical bills, future treatment costs, lost income, reduced earning capacity, pain and suffering, and loss of enjoyment of life. A pedestrian struck at low speed can still suffer broken bones, traumatic brain injury, or spinal damage. Medical costs for serious injuries add up fast, and pain and suffering damages can exceed the medical bills themselves.

Can They Sue Even If They Were Partly at Fault?

Yes. Florida’s modified comparative fault system allows a pedestrian to recover compensation as long as their share of fault doesn’t exceed 50%. If a pedestrian was 30% at fault for jaywalking but you were 70% at fault for distracted driving, they can still recover 70% of their damages from you. Every percentage point matters.

If the Pedestrian Dies

The family can file a wrongful death claim under F.S. §768.19. They can pursue compensation for medical costs before death, funeral expenses, lost financial support, and loss of the relationship itself. These cases carry significant financial and emotional weight and tend to involve more intensive litigation than standard injury claims.

The Filing Deadline

Under Florida law (F.S. §95.11(3)(a)), a pedestrian has two years from the date of the accident to file. The same applies to wrongful death claims. Two years sounds like a long time. It isn’t. Evidence fades, footage gets deleted, and witnesses become harder to find. If the pedestrian has an attorney, they are already building their case. That’s worth factoring into how quickly you seek your own guidance.

The legal framework is one thing. But most drivers aren’t dealing with abstract rules, but they’re dealing with a specific situation. Here’s how the law applies to the ones we hear about most.

Situations Drivers Ask Most About Hitting Pedestrian Cases

Every accident is different. But certain situations come up again and again.

Pedestrian Is Fine, No Injury, and Walked Away

The pedestrian stood up, said they were okay, and left. So you’re clear, right?

Not necessarily. Adrenaline masks pain. Symptoms from head injuries, spinal trauma, and soft tissue damage frequently don’t appear until hours or days after impact. A pedestrian who walked away can still seek medical treatment later, connect it to the accident, and file a claim. The legal clock starts on the date of the accident, not when symptoms appear.

There’s No Visible Damage to Your Car

Pedestrians absorb impact very differently from vehicles do. A low-speed collision that leaves no mark on a bumper can still cause broken bones, head trauma, or internal injury. The absence of vehicle damage does not determine injury severity or liability.

It Happened in a Parking Lot

Florida’s pedestrian protection laws apply on private property, such as parking lots, too. Drivers must yield to pedestrians and exercise due care, whether it happens on a highway or in a grocery store parking lot. Location doesn’t change the legal analysis.

The Pedestrian Was Jaywalking

If a pedestrian crossed outside a crosswalk or against a signal, they may carry a share of the fault. But that doesn’t automatically eliminate yours. Florida’s due care standard still applies.

Sometimes the situation gets even more complicated, like when you swerve to avoid a jaywalker and hit another car. As Michael Steinger explains, fault may fall on the jaywalker, but that doesn’t mean they have insurance to cover it. That’s exactly when you need a lawyer to trace whether any coverage actually exists.

Low Light, Blind Spots, and Obscured Visibility

“I didn’t see them” is one of the most common things drivers say. It’s understandable. But Florida law doesn’t treat limited visibility as an automatic defense.

The question investigators ask is whether a reasonable driver should have adjusted for those conditions. Slowing down in low light, accounting for limited sight lines at a turn, reducing speed in areas with heavy foot traffic. A driver who maintained normal speed through a dark, busy area carries more exposure than one who had already slowed and still couldn’t avoid the impact. Time of day, street lighting, weather, and visibility distance all become part of the record.

You Left the Scene

Some drivers panic and pull away before fully processing what happened. Under F.S. §316.027, even a brief departure from the scene can turn a civil matter into a criminal one. If you left and are now reading this, contact a lawyer before you do anything else. What you say next matters enormously.

What Happens With Insurance After You Hit a Pedestrian

As we’ve stated, you are legally required to notify your insurer that the accident occurred; do that first. After that, both insurers will investigate, and neither is working in your interest. Do not give a recorded statement to anyone until you’ve spoken with a lawyer. Anything you say can be used to shift the blame to you. Your insurer may push to settle the pedestrian’s claim quickly to close it cheaply, but if the claim later grows beyond your policy limits, you could be personally responsible for the difference. If the fault is disputed or the claim feels bigger than your coverage, get your own attorney involved.

When You Should Talk to a Lawyer After Hitting a Pedestrian

Most drivers wait too long. By the time they call, statements have already been made, and offers have been signed.
If you hit a pedestrian and any of these apply, get legal guidance now:

• Someone reported injuries, even minor ones
• The stories don’t match, or the fault is being disputed
• Insurance is pushing you toward a statement or a quick resolution
• Criminal charges are a possibility
• The pedestrian walked away, but you’re not sure what comes next
• A fatality occurred
• You swerved to avoid the pedestrian and hit something else

These situations move faster than people expect. Our car accident team represents drivers and injury victims across Florida, including West Palm Beach, Fort Lauderdale, Miami, Tampa, Jacksonville, Orlando, Fort Myers, and Port St. Lucie, as well as Nashville and Memphis in Tennessee. A free case evaluation costs you nothing and takes very little time. Our team is available 24/7. Call us before the next conversation happens without you being prepared.