You didn’t expect this. Nobody does. Being hit by a car as a pedestrian is disorienting in a way that’s hard to describe, and the hours right after matter more than most people realize. Before you wave the driver off, before you tell the insurance company you’re fine, read this.
What to Do First At the Scene
Nobody thinks clearly right after an impact. That’s normal. But a few things need to happen at the scene, and they matter.
- Move to safety first. If you can move and traffic is still around you, get out of the road. Don’t try to tough it out standing in the lane.
- Call 911. Do this even if the driver stops, even if your injuries feel minor, even if everyone at the scene seems cooperative. A police report is an independent record of what happened. Without one, it becomes your word against the driver’s. That report matters later.
- Let paramedics evaluate you. When they arrive, don’t wave them off. Adrenaline is masking more than you think right now. We’ll come back to this later, but just do this.
- Get the driver’s information. Name, phone number, license plate, insurance company, and policy number. Take a photo of their license plate before anything else moves or drives away.
- Document the scene. Photos of the vehicle, intersection, traffic signals, skid marks, and your injuries. If there are witnesses, get their names and contact information before they leave. Don’t assume someone else is handling it.
- Don’t say sorry. Don’t admit fault. Not to the driver, not to bystanders, not to anyone recording on a phone. One offhand comment made in shock can follow your case for a long time.
- If the driver fled, call 911 immediately. Note everything you can: vehicle color, make, direction of travel, any part of the plate. Give that statement to the police.
Once you’ve handled the scene, the next thing most people get wrong has nothing to do with paperwork or phone calls. It’s something that happens inside your own body.
Your Injuries May Not Show Up Right After You Got Hit By A Car
This is the part most people skip. It’s also the one that costs them the most.
Right after a collision, adrenaline makes you feel functional when you aren’t. People walk away from pedestrian accidents, get home, sit down, and can’t get up the next morning. Soft tissue injuries, spinal damage, and concussions don’t always announce themselves at the scene. TBI symptoms like memory issues or sensitivity to light can appear days later.
Go get evaluated. Emergency room, urgent care, your primary care doctor: any of these works. If you don’t have health insurance, go anyway. Your medical records are how you prove what this accident did to your body. Without documentation, an insurer will argue your injuries weren’t serious or weren’t caused by the accident.
Follow through on treatment. Gaps in medical care are one of the most common reasons claims lose value in Florida. Missing appointments or stopping early signals that your injuries are resolved. Keep every bill, every referral, every record. Don’t make any decisions about your case before you know the full picture of your injuries.
Once you’ve taken care of your health, it helps to understand the legal framework that governs what happened to you.
Florida Pedestrian Laws You Should Know
Most people don’t think about pedestrian laws until something goes wrong. Knowing the basics helps you understand where you stood legally at the moment of the accident.
Drivers Must Use Due Care Always
Under Florida Statutes (F.S.) § 316.130(15), every driver in Florida has a legal duty to use due care to avoid hitting a pedestrian. This applies regardless of where the pedestrian is walking. A driver cannot avoid responsibility simply because a pedestrian was somewhere unexpected.
Pedestrians Have the Right of Way in Crosswalks
Under the same laws, when a pedestrian is in the driver’s lane or close enough that continuing to drive would create danger. Drivers must also yield to pedestrians when turning at a green light, even when the turn itself is legal.
Pedestrians Have Obligations Too
Florida law places responsibilities on pedestrians as well. Under F.S. § 316.130(10), pedestrians must obey traffic control signals. Where sidewalks are available, pedestrians must use them. Where marked crosswalks exist at intersections, pedestrians should use them rather than crossing mid-block.
Pedestrians do not have unlimited right of way. Stepping suddenly into traffic without giving drivers reasonable time to stop can contribute to a fault finding against you.
These Laws Apply Beyond Public Roads
Florida’s pedestrian protection rules are not limited to highways and public streets. The duty of care applies in parking lots, driveways, garage entrances, and on private property. If you were hit in a shopping center parking lot or an apartment complex driveway, the same legal framework applies.
Shared Fault and the 50% Bar
Florida follows modified comparative fault under F.S. § 768.81. If both parties share responsibility for the accident, fault gets assigned by percentage. Your recovery may be reduced by your share of fault.
The critical threshold is 50%. If you are found more than 50% at fault, Florida law bars you from recovering compensation entirely. This makes fault percentage a high-stakes question in any pedestrian accident case, not just a formality.
Understanding the law is one thing. How it applies to your specific situation is another. That’s where fault determination gets more personal.
Who’s at Fault When a Pedestrian Gets Hit?
The fault doesn’t get decided on the spot. It comes from evidence: the police report, witness statements, camera footage, physical damage, and the specific circumstances of what both parties were doing. Here’s how that plays out in the situations we see most.
You Were in a Crosswalk
Being in a marked crosswalk puts you in a stronger legal position. Drivers are required to yield, and you have the right of way under F.S. § 316.130(7), and failing to do so is a traffic violation that directly supports your claim.
It doesn’t automatically mean zero fault on your part. Whether you had a walk signal, whether you entered suddenly, and what visibility was like all still matter. But a marked crosswalk is a meaningful point in your favor and should be clearly documented in your police report.
You Were Jaywalking
Crossing outside a crosswalk or against a signal can contribute to a fault finding against you. That doesn’t end your case. Drivers still carry a duty of care regardless of where a pedestrian is walking. If the driver was speeding, distracted, or had time to react and didn’t, they may still carry significant fault. Shared fault is common in these situations. What determines your recovery is the full picture, not just where you were crossing.
It Was a Hit-and-Run
If the driver fled, you may not have their information at all. Your own uninsured motorist coverage may apply here even though you were on foot. Check your household auto policy. This is exactly what that coverage exists for.
Give police a detailed statement immediately. Vehicle color, make, direction of travel, any part of the plate.
It Happened in a Parking Lot
Drivers owe pedestrians the same duty of care on private property as on public roads. A parking lot accident follows the same legal analysis as one on a street. The main practical difference is where investigators look for camera footage.
The Driver Has No Insurance
Florida requires drivers to carry Personal Injury Protection coverage, but not all drivers comply. If the driver who hit you has no insurance, you still have options.
Your own uninsured motorist coverage can apply to pedestrian accidents. Florida also has a broader safety net through the Florida Motor Vehicle No-Fault Law, though coverage and limits depend on your specific policy. If none of those apply, you may still be able to pursue the driver personally for damages through a civil judgment. An attorney can help trace what coverage actually exists in your situation before you assume there’s nothing there.
A Child Was Injured
When the person hit is a minor, Florida law adds another layer of protection. Children are not held to the same standard of care as adults. A child running into the street is not expected to have the same judgment as an adult pedestrian, and courts consider that when assigning fault.
If your child was hit by a car, the same immediate steps apply. Children’s injuries also deserve particular medical attention. Head trauma and developmental impacts from a collision may not be immediately obvious and can affect a child differently from an adult. Consult a doctor even if your child seems fine at the scene.
Once the fault is established, the next question is what you can actually do with it.
What You May Be Able to Recover
Being hit by a car on foot is different from a car accident. You had no protection around you. The impact goes directly into your body. Broken bones, spinal injuries, head trauma, torn ligaments. These aren’t minor inconveniences. They change how you move, how you sleep, whether you can work, and how you feel every single day. The financial and physical toll can be significant, and Florida law recognizes that.
If a driver’s negligence caused your injuries, you may be able to seek compensation for:
- Emergency and ongoing medical bills
- Future treatment, surgery, or rehabilitation costs
- Lost wages while you couldn’t work
- Reduced earning capacity if your injuries affect your long-term ability to work
- Pain and suffering — the physical pain, emotional distress, and impact on your daily life
- Loss of enjoyment of life for activities you can no longer do
Every case depends on its own facts, so what’s available to you will vary.
Florida’s no-fault system applies to pedestrians too. Under F.S. § 627.736, if you or someone in your household carries an auto insurance policy with PIP coverage, that coverage may pay for a portion of your medical costs and lost wages regardless of who caused the accident. PIP has limits, though, and it doesn’t cover everything.
For more serious injuries, Florida law under F.S. § 627.737(2) may allow you to step outside the no-fault system and pursue a claim directly against the at-fault driver’s bodily injury liability coverage. This is where compensation for pain and suffering, long-term care, and broader damages may come into play. Whether that applies to your situation depends on the nature and severity of your injuries.
But don’t wait to find out where you stand. Under Florida law, you have two years from the date of the accident to file a personal injury claim in Florida. Two years sounds like plenty of time. It isn’t. Evidence disappears, footage gets deleted, and witnesses become harder to locate. The earlier you start, the stronger your position.
If you’re already past that first step and didn’t file a report at the scene, you’re not alone, and you still have options.
What If You Didn’t Call the Police at the Scene
This happens more often than people expect. You were in shock, the driver seemed cooperative, you exchanged information, and went your separate ways.
Not having a police report makes your case harder, but it doesn’t end it. Get to a hospital or urgent care and get your injuries documented as soon as possible. Write down everything you remember about the accident: time, location, weather, what the driver said, exactly where you were hit. Contact an attorney early. Other evidence like witness statements, surveillance footage, and medical records can still support your claim, but time matters.
The Insurance Company Will Call. Know What Not to Say
The driver’s insurer may call the same day, while you’re still in pain and still processing what happened. That timing is not a coincidence.
Adjusters reach out early, before you’ve spoken to an attorney and before your injuries are fully known. They may sound helpful. What they’re actually doing is building a record to minimize what they pay you. You are not required to give a recorded statement. Decline and tell them you’ll be in touch after speaking with an attorney. Even saying “I’m feeling a bit better today” can be used against you later. Don’t accept any offer until your treatment is complete. Once you sign a release, you can’t go back. The first offer is rarely the right one.
One common fear: will filing a claim raise your rates? Generally, a not-at-fault claim does not increase your premiums. Confirm the specifics with your own insurer though, as every policy is different.
Knowing when to bring in legal help is often the most important decision you’ll make after a pedestrian accident.
When to Call a Pedestrian Accident Lawyer
You don’t have to be facing a major lawsuit to benefit from legal guidance. Most people who call us aren’t thinking about a big settlement. They want to know if their medical bills will be covered, whether they’re making the right moves, and what they might be giving up if they handle it alone.
A free conversation costs you nothing. It’s worth having if any of these apply to your situation:
- You were injured and sought medical treatment — medical records need to be connected to your claim correctly from the start.
- You’re not sure who covers your medical costs — there may be more coverage available than you realize.
- The driver’s insurance company has already called you — anything you’ve said can already be part of their record.
- You gave a statement before speaking with an attorney — early statements can be used to limit what you recover.
- The driver had no insurance or fled the scene — tracing available coverage in these situations takes legal experience.
- Your injuries are getting worse, not better — the full cost of your injuries may be far from clear yet.
- You missed work or expect to miss more — lost income is recoverable, but it needs to be properly documented.
- A child was injured in the accident — minor injury claims in Florida require court approval and careful handling.
- You didn’t file a police report at the scene — other evidence can still support your claim, but it needs to be preserved quickly.
- You’re not sure whether fault is being assigned fairly — insurance companies set fault percentages in their own interest, not yours.
Being hit by a car changes things fast. You shouldn’t have to navigate what comes next alone. Steinger, Greene & Feiner represents injured pedestrians across Florida, in West Palm Beach, Miami, Fort Lauderdale, Tampa, Jacksonville, Orlando, Fort Myers, and Port St. Lucie. We work on a contingency fee, which means no attorney fees unless we recover for you. Contact us for a free case evaluation and let us help you understand your options before you make any decisions.