Florida Mediation and Personal Injury Attorney


Pedestrian Accident: What To Do If You’re Hit By A Car In Florida

oncoming pedestrian accident
Were you hit by a car in Florida? Our Daytona Beach personal injury attorney explains what to do if you suffered a pedestrian accident.

As a pedestrian, you’re always at risk of being struck by a motor vehicle. And should that happen, the chance of severe injuries or death is very high. According to a report from the Governors Highway Safety Association, thousands of people are killed in a pedestrian accident every year. On top of this, even more people suffer serious injuries — such as broken bones and traumatic brain injuries — in such accidents. In the state of Florida, 368 people died in pedestrian accidents during the first half of 2019. This goes a long way in showing you just how much danger is lurking on Florida roads and how important it is to know what to do if you’re ever hit by a car.

Common causes of a pedestrian accident

There is no shortage of reasons for pedestrian car accidents, with some of the most common including:

  • Distracted driving
  • Driving under the influence of drugs or alcohol
  • Drowsy driving
  • Reckless driving

Common injuries

There’s no way of knowing what types of injuries could occur in a pedestrian accident, but some are more common than others. These include:

  • Traumatic brain injuries
  • Broken bones
  • Abrasions and deep lacerations
  • Paralysis
  • Soft tissue damage

Depending on the circumstances surrounding the accident, several of these injuries are possible. 

Common areas where pedestrian car accidents occur

Any time you’re in close proximity to moving vehicles there’s a risk of an accident. Some of the most common areas for pedestrian-car accidents include:

  • Crosswalks
  • Parking garages
  • Parking lots
  • Intersections 
  • Dark areas, such as back roads without adequate lighting

Florida pedestrian right-of-way laws

The state of Florida shares all of its statutes online, with this page providing information related to pedestrian right-of-way laws.


According to Florida statutes, vehicles approaching a pedestrian legally crossing the street at an intersection must stop or yield to allow the person to cross.


Of course, there are also rules for pedestrians to follow. For example:

  • Pedestrians should obey control signals
  • Pedestrians should only cross the street at marked crosswalks
  • Pedestrians should only cross the street at intersections

Can the pedestrian be at fault in a car-pedestrian accident?

pedestrians violating rules of the road
In cases where they violated the rules of the road, pedestrians may be partially at fault if hit by a car in Florida.

The short answer is yes. There are times when a pedestrian could be at fault. Common examples include:

  • If the pedestrian darted into traffic
  • If the pedestrian was illegally crossing the street
  • If the pedestrian didn’t make him or herself visible at night

The potential for gray area is what often leads to a personal injury claim. 

Safety tips to prevent pedestrian accidents

It goes without saying that you want to avoid a pedestrian-car accident at all costs. There are some basic steps you can take to enhance your safety:

  • Make yourself visible at all times, such as by wearing bright clothes during nighttime hours.
  • Only cross streets at a designated crosswalk or intersection, when possible.
  • Always walk on a sidewalk as opposed to the road.
  • If you’re walking on the shoulder of the road, do so while facing traffic.
  • Don’t fall prey to distractions, such as headphones that impair your ability to hear oncoming traffic.

What to do after a pedestrian accident

A pedestrian-car accident is every bit as serious as it sounds. If you’re injured in this type of accident as a pedestrian, here’s what you want to do:

  • Gather evidence, such as photos of the scene and your injuries (if possible)
  • Obtain witness contact information
  • Exchange information with the driver
  • Seek medical attention
  • File an insurance claim
  • Consult with an attorney 

While your health and well-being are top priority, don’t overlook your legal right to seek compensation from the negligent party.


As you recover, here are some things you can do to improve your odds of obtaining compensation:

  • Maintain comprehensive records of all medical treatment and test results
  • Obtain a copy of the police report
  • Speak with any witnesses 
  • Learn more about the process of filing a personal injury claim in the state of Florida

With so much happening during this time, you’ll find it a challenge to manage all these tasks on your own.


You can reduce your stress level by consulting with a Daytona Beach personal injury lawyer. They can answer questions such as:

  • Who was at fault in the accident?
  • How much is the claim worth?
  • What type of evidence and documentation can improve the odds of success?

Don’t try to "walk it off" after a Florida pedestrian car accident

Rick Kolodinsky, P.A. has decades of experience helping injured victims receive the compensation they’re entitled to after an accident, including cases involving getting hit by a car. From filing an insurance claim to negotiating with insurance companies, Mr. Kolodinsky is available to provide professional legal guidance from start to finish. Contact us online or give us a call to schedule a free consultation.

What to read next:

Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.

- American Board of Trial Advocates
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