Pedestrian Accidents

People on foot lose to cars. The injuries are hips, legs, heads, and deaths, and the driver's insurer will look for a reason you should have stayed on the sidewalk.


Thompson Legal, P.A. represents pedestrians from our office in Davie, for crashes in Broward, Miami-Dade, Palm Beach Counties, and all across the State of Florida. This metro is one of the most dangerous in the country for people walking. Dangerous by Design 2026 ranked Florida 5th among states and ranked the Miami–Fort Lauderdale–West Palm Beach metro 17th of 101 large metros, with 1,062 pedestrian deaths from 2020 through 2024. In 2024 alone, FLHSMV recorded 1,876 pedestrian crashes in Miami-Dade (75 deaths, 1,503 injuries), 1,219 in Broward (69 deaths, 1,043 injuries), and 807 in Palm Beach (61 deaths, 661 injuries).


Fearless in the Courtroom. Relentless in the Fight. A walking victim is not a small case, and we do not treat it like one.

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What counts as this kind of case

  • Hit in a marked or unmarked crosswalk
  • Hit on the sidewalk, in a parking lot, or in a driveway
  • Left-turn and right-turn crashes at Broward, Miami-Dade, and Palm Beach intersections
  • A driver who ran a light, looked at a phone, or failed to yield while turning
  • Nighttime crashes on high-speed roads such as Federal Highway, US-1, and stretches of I-95 frontage and arterial roads
  • A child, an older adult, or anyone who could not get out of the way
  • A hit-and-run driver, which may require an uninsured-motorist claim

Deaths are handled as wrongful-death claims:

If you were on a bicycle or scooter, say so when you call. Those facts overlap, but this page is for people on foot. Ordinary car-versus-car claims stay on

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Florida law that matters here

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Drivers and pedestrians both have duties

Florida's pedestrian statute, section 316.130, covers yielding at crosswalks and when a person may not step into the path of a vehicle. A crosswalk claim can be strong. It is not automatic, and "I was not in a crosswalk" does not automatically kill a claim either.

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Fault is compared

If a jury finds you more than 50% at fault, you recover nothing. If your share is 50% or less, the recovery is reduced by that share (Fla. Stat. §768.81). Dark clothing, crossing outside a crosswalk, and looking at a phone are the arguments insurers use. They still have to prove them.

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PIP may apply even though you were not in a car

If you own a Florida vehicle and are hit while walking, your own PIP is often the first medical coverage: up to $10,000 for medical and disability benefits (Fla. Stat. §627.736). A pedestrian who does not have a PIP policy may be able to claim PIP from the vehicle that hit them. Rules on priority are specific.

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Pain and suffering usually requires a serious injury

When the claim is against the owner or driver of a motor vehicle with no-fault security, non-economic damages generally require a permanent injury, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death (Fla. Stat. §627.737). Broken bones and surgeries often fit. Soft-tissue claims need honest medical proof, not a script.

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Deadline

Negligence claims arising on or after March 24, 2023, generally must be filed within two years (Fla. Stat. §95.11). A claim against a city, county, or state agency for a dangerous road can have a much shorter notice deadline. Tell us immediately if a public entity may be involved.

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Hit-and-run

If the driver is never found, the claim may be against your own uninsured-motorist coverage, if you have it, or a resident relative's policy. There is no statewide "pedestrian fund" that writes a check.

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How Thompson Legal helps

Pedestrian files go cold fast. Video is overwritten, witnesses leave, and the driver tells the adjuster a cleaner story than the one at the scene.

  • We request traffic cameras, transit cameras, and nearby business video while it still exists.
  • We use the scene: signal timing, sight distance, lighting, and where the body and the car ended up.
  • We make sure PIP is opened correctly so treatment is not stalled while the bodily-injury claim is built.
  • We document the permanent injury the threshold requires, with the treating doctors, not a one-visit mill.
  • We try cases. The offer should reflect a fractured pelvis, a brain injury, or a month in the hospital, not the fact that you were "only" walking.

Contingency fee: no attorney's fee unless we recover. The percentage is in a written agreement you review before you hire us. Free case review. Call (954) 510-3366. 6490 Griffin Road, Second Floor, Davie, FL 33314.

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FAQ

  • I crossed mid-block. Do I still have a claim?

    Maybe. Florida compares fault. Crossing outside a crosswalk can reduce the case or, if you are found more than half at fault, bar it. It does not end the conversation, especially if the driver was speeding, distracted, or driving without lights.


  • Whose insurance pays the ambulance and the ER?

    Often your own PIP, if you have a Florida auto policy, even though you were walking. If you do not, the striking car's PIP or other coverage may apply. We check this on the first call so bills do not pile up in the wrong place.


  • The driver said he did not see me. Is that a defense?

    "I didn't see you" is not a legal excuse if a reasonable driver would have seen you. It is the start of a visibility and attention case, which is why cameras and the scene matter.

  • How fast do I need to call?

    Soon. The lawsuit deadline is often two years, but video and witnesses will not last that long, and a government-road claim can require notice in a much shorter window.


Get in touch

If you or a family member was hit while walking in Broward, Miami-Dade, or Palm Beach, call Thompson Legal, P.A. at (954) 510-3366 for a free case review. 6490 Griffin Road, Second Floor, Davie, FL 33314. Fearless in the Courtroom. Relentless in the Fight.