Florida Pedestrian Accident Lawyers
The Best Pedestrian Accident Attorneys in Florida
With our warm climate, South Floridians enjoy the ability to comfortably take full advantage of year-round pedestrian activities, whether on our beaches, sidewalks, trails, or avenues. Perhaps due in part to the year-round warm weather and crowded attractions and thoroughfares, Florida has seen an epidemic of pedestrian accidents. In 2024, Florida recorded over 10,000 pedestrian accidents.
At Lesser, Landy, Smith & Siegel, we have been representing injured pedestrians across South Florida since our firm’s founding in West Palm Beach in 1927. Our Florida pedestrian accident lawyers bring decades of experience to bear in fighting for maximum recovery for each and every one of our injured clients. Call 833-LAW-LLSS or fill out our contact form now to get advocacy and protection today.
How to Protect Your Case After a Pedestrian Accident in Florida
After a pedestrian accident, what you do in the hours and days that follow can make a difference in protecting your case. Medical providers, law enforcement, and insurance companies all start creating records right away, which can shape how your case develops. Taking the right steps from the start gives you a stronger foundation and limits the chances of insurers controlling the narrative.
- Get a thorough medical evaluation. Even if you’ve already been to urgent care or the ER, follow-up scans or visits with specialists can uncover injuries that weren’t apparent in the first hours after your injury. Soft tissue damage, concussion symptoms, internal bleeding, and other issues can sometimes manifest themselves later. Documenting the full extent of your injuries makes it harder for insurers to argue that your symptoms are unrelated to your accident.
- Obtain a copy of the police report. If you don’t already have it, request it from the responding law enforcement agency. Your attorney will use it to confirm facts like driver’s info, witness statements, crash location, etc., and address any gaps, although we never use the police report as the final source of truth.
- Gather photos or video from the scene. If you took any photos yourself, make sure they’re secured and backed up. If friends, family, or other bystanders were there, ask them to share anything they captured. Images will help fill in some details that official police reports may leave out.
- Be cautious in conversations with insurance companies. Even simple offhand comments can be used against you. Avoid giving recorded statements until you’ve consulted an attorney. If you’ve already spoken with an adjuster, avoid further communication without pedestrian accident lawyer guidance.
- Contact us as soon as possible. You don’t have to have every record or photo in hand before contacting us. Reaching out as soon as possible gives us the chance to track down what’s missing and prevent the insurance company from trying to push their version of what happened.
Partial Fault Doesn’t Stop Recovery
You might think stepping off the curb means the case is over before it starts. In Florida, that is actually not the case. Florida’s modified comparative negligence rule looks at each party’s share of fault and adjusts the payout instead of automatically blocking it. The only time recovery is barred is when your share of fault is greater than 50%.
We have seen insurance adjusters push hard to pin part of the blame on the pedestrian. They might claim you crossed just before the light changed or that you were outside the painted crosswalk. The sooner our pedestrian accident attorneys are gathering camera footage, talking to witnesses, and pulling traffic data, the harder it is for that version of events to stick.
Have You been Injured
in a pedestrian accident?
Florida Statute of Limitations for Pedestrian Accident Cases
In Florida, a pedestrian accident case for personal injury generally has to be filed within two years of the crash. If the case involves a wrongful death, the two-year period runs from the date of death. Shorter deadlines can apply when the at-fault party is a government agency, where a written notice of intent must be filed within a set period before a lawsuit is allowed. Missing the statute of limitations bars recovery no matter how strong the evidence may be. For more detail on Florida’s deadlines, see our full article on the Florida Personal Injury Statute of Limitations.
Insurance Company Tactics
After an accident, you may be called by the driver’s insurance company. They may sound friendly and cooperative and may offer to settle quickly. It may sound appealing, but they’re really trying to close the case before the full extent of the damages you deserve are clear.
Insurance companies may try to find gaps in your treatment, dig into your medical history, and even check your social media for anything they can argue shows that you’re doing better than you say or that your symptoms are unrelated to the accident.
That’s why having an experienced pedestrian accident lawyer who can track your injury over time and request updated medical records is important. Our lawyers will help establish a clear picture of your injuries and deal with insurers while you focus on recovery.
How Our Lawyers Fight For You
We start by locking down the evidence before it disappears. Witnesses are contacted while memories are fresh, nearby businesses are checked for security footage, and the scene is documented from every useful angle. Medical providers are brought into the loop so treatment plans reflect both current injuries and likely future needs.
Case value is calculated with those future costs in mind like ongoing therapy, follow-up surgeries, or changes in your ability to work. While we build that picture, we handle every exchange with the insurer so you can direct your energy toward recovery instead of fielding calls or defending your account of what happened.
What a Realistic Case Timeline Looks Like
- Initial Evidence Gathering – The crash gets reported, the police report is pulled, and any photos, video, or witness names are saved. An attorney steps in to deal with insurance adjusters so you can focus on your health.
- Building the Case – Medical treatment continues, and the file grows as new records and test results come in. Investigators might track down traffic camera footage or talk to experts who can provide further context for your case.
- Pushing for Resolution – Once the impacts of the injuries are clear, the attorney sends a demand to the insurer. Sometimes the case settles here. If not, we move toward a lawsuit and trial prep.
Throughout the process, you can expect clear communication and guidance customized to your unique case.
Frequently Asked Questions After a Pedestrian Accident
Can I still recover if I wasn’t in a crosswalk?
Yes. Though your recovery might be reduced based on any partial fault. An attorney can help push back if insurance adjusters try to exaggerate your share of fault.Â
What if the driver left the scene?
Uninsured motorist coverage can allow hit-and-runs to still be pursued. In some cases we can attempt to identify the driver with traffic cameras or witnesses. The sooner this process starts, the better chance we have of tracking them down.
Do I need the police report before calling an attorney?
No. An attorney can request it for you and begin work while waiting for it to arrive. Early help prevents insurers from controlling or shifting the narrative.
How soon should I get medical treatment?
Immediately. Any delays can give insurers an argument that your injuries came from something else or aren’t serious. Even if you were checked at the scene or shortly after, follow-up visits can show symptoms that weren’t immediately apparent.Â
Can the insurer use my medical history against me?
They will try. Adjusters might dig for preexisting injuries to explain away pain or limitations. Clear documentation after the crash helps separate the accident-related harm from anything in your past.
What if I can’t pay for treatment while the case is pending?
There are options. Florida’s PIP coverage pays a portion of initial medical bills, and attorneys can work with providers who agree to hold off on collections until the case resolves.
Will my case go to trial?
Most don’t. A lot of cases resolve in settlement once the evidence is clearly laid out. If a fair offer isn’t made, a lawsuit can be filed and prepared for trial.
How long will my case take?
It depends on the severity of injuries, how long treatment lasts, and whether the insurer disputes fault or damages. Some cases wrap up in months, while others take longer if litigation is necessary.
Should I talk to the insurance company myself?
Not without advice from an attorney. Recorded statements, even casual comments, can be used against you.Â
What if a family member was injured and can’t handle the case?
A relative can contact an attorney on their behalf to get the process started, especially in severe injury cases where the injured person is hospitalized or recovering.
What damages can I seek after a pedestrian accident?
Medical expenses, lost income, reduced earning capacity, and non-economic damages like pain and loss of enjoyment of life. Cases that deal with long-term disability may also seek projected future care costs.
Can I still recover if I was partly at fault?
Yes, unless you were found more at fault than the driver. Your compensation would be reduced in proportion to your share of fault under Florida’s comparative negligence system.
Do I have to accept the first settlement offer?
No. Initial offers are typically lower than the case’s full value. An attorney can calculate damages accurately and negotiate for more.
Let Our Pedestrian Accident Lawyers Fight for You
A pedestrian accident can upend your health, your work, and your daily routine in an instant. The sooner you have someone protecting your interests, the more control you keep over the outcome. Call 833-LAW-LLSS or fill out our contact form to schedule a free consultation with a Florida pedestrian accident lawyer who will start building your case today.
