Tampa Pedestrian Accident Lawyer

How Do I Know If I Have a Pedestrian Injury Case After Being Hit by a Car in Florida?

If you were struck by a motor vehicle as a result of a driver’s negligence, you maybe able to seek compensation. To provide you with an accurate and specific response, however, we need to first understand more about your situation. Every case is unique, and there are often a lot of contributing factors that can impact your claim.

Legally, there are four elements that must be established to determine if you may have a case, including:

• The Driver Owed You a Legal Duty: All drivers have a legal duty to take reasonable steps, such as abiding by traffic laws, to prevent causing harm to others.
• There Was a Breach of the Legal Duty: If the driver was speeding, ran a red light or was distracted and failed to brake, these are all examples of negligence.
• The Driver’s Breach Led to the Crash That Injured You: It is not enough for a driver to speed or run a red light. That negligence must have been the direct cause of the crash that injured you.
• You Suffered Tangible Damages: As result of the negligent driver’s crash, you must have sustained injuries and other tangible damages, such as medical costs, property damage, and lost wages.

Request a FREE, no-risk consultation with a Tampa injury lawyer who will fight for you. (813) 592-0000

How Much Could My Tampa Pedestrian Accident Case Be Worth?

To determine what your case may be worth, we need to understand more about the extent of your injuries and other key factors that impact your claim’s value.

These values help us determine what your Tampa pedestrian accident case may be worth:

• The type and severity of the your injuries
• Medical costs incurred to aid your recovery
• Long-term complications resulting from your injuries
• Physical therapy or future treatment you may continue to need
• Income you lost while recovering
• Future earnings impacted by the severity of your injuries
• Property damage you sustained
• Pain and suffering damages, such as anxiety, depression
• Scarring and disfigurement

Cases with permanent injuries often have higher settlement amounts, while those with temporary injuries typically settle depending on recovery time and treatment requirements. The at-fault driver’s insurance policy limits and your percentage of fault can also significantly impact your potential recovery amount.

How Long Do I Have to File a Pedestrian Accident Claim in Florida?

Florida law has a strict two-year statute of limitations for filing pedestrian accident claims, starting from the date of your accident. There may be certain circumstances that extend this rule, but you should speak to a lawyer to determine the deadline that applies to your situation.

If you miss this deadline your case may be permanently barred from claiming any compensation regardless how severely you may be injured. For wrongful death cases arising from pedestrian accidents, families must file within two years of the death date.

Contact Suli & Martinez Attorneys soon as possible after your accident to protect your claim, determine your filing deadline, and maximize your compensation. Your attorney needs time to build a strong and compelling case on your behalf, and it is important to gather key evidence before it disappears and witnesses’ memories fade.

What Evidence Do I Need to Prove the Driver Who Hit Me Is At Fault?

Building a strong pedestrian accident case requires compelling evidence that clearly establishes the driver’s negligence and liability for your injuries.

• Police Report: Documenting officer observations, statements, and any citations issued
• Witness Statements: From bystanders who saw the accident happen
• Traffic Camera Footage or Video Evidence: Capturing the collision
• Photos: Of the accident scene, vehicle damage, your injuries, and relevant road conditions
• Medical Records: Linking your injuries directly to the accident
• Expert Testimony: From accident reconstruction specialists
• Driver’s Cell Phone Records: Showing distraction at time of impact
• Physical Evidence: Like skid marks, debris patterns, or damaged personal items
• Driver’s Statements: Made at the scene or to insurance companies
• Documentation of Traffic Law Violations: Issued to the driver

Who May Be Liable for a Pedestrian Accident in Florida?

Multiple parties may bear legal responsibility for pedestrian accidents. Victims who identify all potential liable parties have the best chances to maximize their compensation and hold all responsible entities accountable.

Negligent Drivers

Motorists who violate traffic laws, drive distracted, speed, fail to yield at crosswalks, run red lights, or operate vehicles while impaired typically bear primary liability for pedestrian accidents.

Vehicle Owners

When someone other than the driver owns the vehicle involved, Florida’s dangerous instrumentality doctrine may hold the owner liable for entrusting their vehicle to a negligent driver.

Government Entities

Cities, counties, or state agencies may be liable if poorly designed intersections, malfunctioning traffic signals, inadequate lighting, or unmaintained sidewalks contributed to your accident.

Construction Companies

Contractors who fail to provide proper pedestrian detours, warning signs, or safety barriers around work zones can be held responsible for accidents in construction areas.

Vehicle Manufacturers

If defective vehicle components, such as faulty brakes or steering systems, contributed to the accident, the manufacturer may bear partial liability for your injuries.

Employers of Negligent Drivers

Companies whose employees cause pedestrian accidents while working (delivery drivers, truck operators, rideshare drivers) may be vicariously liable under Florida’s respondeat superior doctrine.

Commercial Property Owners

Businesses with parking lots or driveways that cross pedestrian pathways may be liable if poor design or maintenance of these areas contributed to your accident.

Can Pedestrians Be Liable for an Accident With a Vehicle?

Yes, pedestrians can be partially liable for accidents with vehicles in Florida under the state’s modified comparative negligence law. Examples include:

• Jaywalking
• Crossing on incorrect signals
• Entering roads when intoxicated
• Sudden movements in the direction of moving vehicles

When pedestrians violate traffic laws or act negligently, they may be assigned a percentage of fault, which could reduce their compensation. However, Florida law holds drivers to a higher duty of care to pedestrians given the significant power imbalance between vehicles and people on foot.

What If the Driver Who Hit Me Left the Scene of the Accident in Tampa?

Hit-and-run accidents involving pedestrians in Tampa are a third-degree felony under Florida law. These cases result in potential jail time and severe penalties for the fleeing driver. Try and catch details about the driver or the vehicle that hit you, such as the license plate or the make and model of the car. Try to see the driver so you can give some type of description. If there are witnesses, ask them if they caught anything on their cellphone or can give a description of the driver.

These actions significantly improve the chances of identifying the driver through license plates, vehicle descriptions, or nearby security cameras. You can still pursue compensation through your own uninsured motorist coverage, personal injury protection (PIP), health insurance, or potentially through Florida’s victim compensation fund if the driver remains unidentified.

Suli & Martinez Attorneys at Law has the experience available to pursue all potential partiers and work with law enforcement to ensure you get the justice you deserve. We will exhaust all possible options to maximize your compensation.   

Can I File a Claim If I Am Partially At-Fault for Being Hit By a Car?

Even if you were partially at fault you could still claim compensation. Florida follows a modified comparative negligence rule, which means that as long as you are not more than 50 percent to blame for the accident that injured you, you may still have a claim.

If you are partially responsible, your compensation will be reduced by the percentage of fault assessed against you. If you are more than 51 percent or more liable, you will not be able to recover any compensation.

At Suli & Martinez, we fight to dispute claims from insurance companies trying to unfairly shift blame to our clients and maximize compensation for your claim.

How Does Florida’s No-Fault Insurance Apply in a Pedestrian Crash?

Florida’s no-fault insurance system requires pedestrians to first seek compensation through their own Personal Injury Protection (PIP) coverage if they own a vehicle, regardless of who caused the accident. Your PIP insurance provides up to $10,000 for medical expenses and lost wages, covering 80 percent of medical bills and 60 percent of lost income depending on personal limits. This applies even when you are injured as a pedestrian.

If you do not own a vehicle or carry auto insurance, you may qualify for PIP benefits through a resident relative’s policy or the at-fault driver’s PIP coverage as a secondary option. For injuries exceeding PIP limits or meeting Florida’s “serious injury threshold”. Which includes

• Severe scarring
• Permanent injury
• Significant limitations of bodily function

Victims can step outside the no-fault system to file a liability claim against the at-fault driver for additional compensation including pain and suffering damages.

How Insurance Companies May Try to Devalue Your Claim              

Insurance adjusters are notorious for attempting various tactics to try to minimize payouts injured pedestrians. The key thing to remember is that their goals do not align with yours. No matter how friendly or helpful they may be, their ultimate goal is to pay as little on a claim as possible.

Here are a few ways the insurance company may try to devalue your claim:

• Rushing you to accept a settlement offer before your injuries are fully known or treated.
• Requesting a recorded statement right away – which you should never agree to before speaking with an attorney.
• Getting you to sign a “carte blanche” authorization to all of your medical history. They do not need access to all of your medical records, only those which are relevant to your car crash.

If you have been injured in Tampa, Suli & Martinez have the staff and resources to fully manage your case, which includes speaking to the insurance company on your behalf.

Common Causes of Pedestrian vs. Car Accidents in Tampa

Tampa’s combination of heavy traffic and year-round pedestrian crowds creates many opportunities for dangerous vehicle-pedestrian collision on city streets:

• Distracted Driving: Motorists using phones, adjusting navigation, or engaging with passengers fail to notice pedestrians crossing streets.
• Failure to Yield: Drivers not giving pedestrians right-of-way at crosswalks and intersections as required by Florida law.
• Speeding: Excessive speed reducing driver reaction time and significantly increasing pedestrian injury severity.
• Impaired Driving: Alcohol or drug use impairing judgment, coordination, and reaction time, especially prevalent near Tampa’s entertainment districts.
• Left-Turn Collisions: Drivers focusing on oncoming traffic while turning left often miss pedestrians in crosswalks.
• Poor Visibility: Inadequate street lighting in certain Tampa neighborhoods and adverse weather conditions reducing pedestrian visibility.
• Running Red Lights: Motorists rushing through intersections during yellow or red lights endangering crossing pedestrians.
• Backing-Up Accidents: Drivers failing to check blind spots when reversing in parking lots and driveways.
• Traffic congestion: Heavy Tampa traffic leading to aggressive driving behaviors and pedestrian misjudgments.
• Infrastructure issues: Poorly designed crosswalks, missing sidewalks, and inadequate pedestrian signals in developing areas.

What Injuries Are Most Common in Crashes Involving Pedestrians?

Pedestrian accidents frequently cause severe injuries that often require extensive medical treatment and a lengthy rehabilitation. For many other victims, a pedestrian accident involving a motor vehicle may result in permanent disability or life-altering conditions.

• Psychological Trauma: PTSD, anxiety, depression, and phobias following the violent and traumatic nature of pedestrian accidents.
• Traumatic Brain Injuries: Head trauma ranging from concussions to severe brain damage causing cognitive impairment, memory loss, and personality changes.
• Spinal Cord Damage: Partial or complete paralysis resulting in permanent disability and lifetime medical care requirements.
• Broken Bones: Fractures to legs, arms, ribs, pelvis, and skull often requiring surgical intervention and extended physical therapy.
• Internal Bleeding: Dangerous hemorrhaging from damaged organs that may present with delayed symptoms but require immediate medical attention.
• Soft Tissue Injuries: Tears, sprains, and contusions to muscles, tendons, and ligaments causing chronic pain and mobility issues.
• Road Rash: Severe skin abrasions when pedestrians are dragged across pavement, potentially leading to infection and permanent scarring.
• Amputations: Loss of limbs either from the direct impact or surgical removals due to irreparable damage.
• Crushed Limbs: Compression injuries causing nerve damage, reduced function, and potential compartment syndrome complications.
• Facial Injuries: Disfigurement, dental trauma, and vision impairment requiring reconstructive surgery and psychological counseling.

Where Are Pedestrian Accidents Most Likely to Happen in Tampa?

Tampa’s has a more urban landscape, which means there are numerous high-risk zones for pedestrians. Even when crossing in designated areas, pedestrians can face significant danger from oncoming traffic. Understanding some of the higher risk danger spots in Tampa can help local and visiting pedestrians know where to take extra precautions.

• Downtown Tampa Intersections: High-volume traffic areas like Ashley Drive and Kennedy Boulevard where business professionals, tourists, and event attendees frequently cross.
• Ybor City Entertainment District: Nightlife areas with potentially intoxicated pedestrians and drivers, particularly dangerous on weekends after dark.
• Dale Mabry Highway: High-speed, multi-lane thoroughfare with numerous commercial destinations but limited pedestrian crossings.
• USF Area and Fletcher Avenue: Heavy student foot traffic combined with busy commuter routes creates frequent conflict points.
• International Mall Areas: Complex parking areas and busy entrance/exit points where shoppers and vehicles interact in confined spaces.
• Channelside and Water Street: Developing areas with construction, tourism activity, and changing traffic patterns.
• Busch Boulevard Commercial Stretch: Fast-moving traffic with limited crosswalks and pedestrians accessing retail and dining.
• Bayshore Boulevard: Popular waterfront walking path where joggers and walkers cross to access the scenic Tampa Bay views.
• Tampa International Airport Surroundings: Rideshare activity, rental car returns, and visitors unfamiliar with local traffic patterns.
• Hillsborough Avenue Intersections: Major east-west corridor with numerous dangerous crossing points, particularly in West Tampa.

What Should I Do First After Being Hit by a Vehicle as a Pedestrian?

The moments immediately following a pedestrian accident are important for your physical recovery and for preserving your legal rights to compensation. Taking the right actions in a specific sequence can significantly strengthen your claim. It can also help to ensure you get the medical care you need more quickly for potentially life-threatening injuries.

Call 911 Immediately

Request emergency medical services and police response, even if you believe your injuries are minor. Many serious conditions, like internal bleeding, traumatic brain injuries, and even some fractures, may not show immediate symptoms.

Move to Safety If Possible

If you are still in danger from traffic and can move, carefully relocate yourself to the nearest sidewalk or safe area without worsening your potential injuries.

Document the Accident Scene

Responding officers will document the scene, including taking photos of any vehicle damage, crash debris, and the accident location. For safety reasons, only take the images you can capture from a place of safety, such as the sidewalk. Take pictures of the damage to your clothing and visible injuries before anything is moved or altered.

Exchange Information With the Driver

Obtain the driver’s name, contact details, license number, insurance information, and vehicle registration. Do not discuss fault or make statements about your condition.

Gather Witness Statements

Collect names and contact information from anyone who witnessed the accident, as their testimony could be required for a third-party verification of how the collision occurred.

Report the Accident to Police

Ensure officers create an official accident report and provide factual information about what happened without speculating about fault or minimizing your injuries.

Contact a Pedestrian Accident Attorney

Call Suli & Martinez Attorneys at Law before speaking with any insurance representatives to ensure your rights are protected from the earliest stages of your claim.

Do I Need a Lawyer to Handle My Pedestrian Accident Case?

It is possible to handle your own pedestrian accident claim, but doing so typically results in lower settlement amounts. Insurance companies have adjusters and lawyers trained to minimize payouts. They know how to exploit your unfamiliarity with Florida’s complex comparative negligence laws.

At Suli & Martinez, we level the legal playing field by taking pedestrian injury cases on contingency. This means you pay us no upfront costs or fees to hire our firm. We also handle all communications with your insurer and other third-parties involved in your case. Our highly qualified legal team is dedicated to investigating your accident and fighting for the compensation your deserve. While most cases settle out of court, we are always prepared to represent you in court if a trial becomes necessary.

Injured in a Pedestrian Accident? Contact Our Trusted Law Firm Today

At Suli & Martinez Attorneys at Law, our pedestrian accident lawyers fight relentlessly for pedestrian victims injured by the negligence of careless drivers. Our trusted law firm is prepared to fight to secure the maximum possible compensation speaks on your behalf.

Call our Tampa office 24/7 (813) 592-0000 or complete our simple contact form to have an experienced pedestrian accident attorney call you back within 24 hours.