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Pedestrian Accident FAQs

The steps that you would take after getting into a pedestrian accident are similar to those you would take after getting into a ​car accident.


  1. Seek emergency medical treatment
  2. Contact law enforcement
  3. Follow up on your medical treatment
  4. Contact a Florida pedestrian accident lawyer (even if you don't hire one!)
  5. Report the accident to YOUR insurance company
  6. Keep a journal of your recovery
  7. Keep track of missed time at work

What should I do if I am walking and get into an accident? (A Pedestrian Accident)

What insurance covers me if I am injured in a pedestrian accident?

If the person at fault for the accident was driving a vehicle, then their auto insurance will be the first place to look for compensation. If they don't carry auto insurance, your own insurance may cover you. In Florida, a pedestrian injured in an accident can recover up to $10,000 through their own PIP auto insurance without having to prove fault. As always, with medical expenses, your health insurance may cover your injuries as well.

Growing up, we always heard that pedestrians have the right of way, no matter what. And it is true that driver's are generally held liable in pedestrian accidents, however, sometimes pedestrian negligence can contribute to an accident.


Because Florida is a comparative negligence state, an accident victim can be held liable for their own contributions to an accident.


For instance, if the pedestrian was jaywalking or not using a cross-walk, that would most likely mitigate damages for the driver, even if the driver was more responsible for the accident.

Isn't the driver always responsible in a pedestrian accident?

What compensation am I entitled to if I am injured while walking?

With most personal injury claims there are a variety of damages your lawyer will seek compensation for including:


  • Medical Expenses
  • Pain and Suffering
  • Mental Anguish
  • Lost Wages
  • Loss of Consortium
  • Funeral Expenses


Of course, whether or not an accident victim is entitled to these damages depends on who was at fault, the extent of injuries, and a variety of other factors that need to be evaluated and potentially litigated.

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Will it Impact My Case If I Do Not Immediately Seek Treatment?

Florida Pedestrian Accident Lawyer

If An Injury Does Not Manifest Until Later, What Are My Options for Filing a Claim?

If you have immediately apparent injuries or injuries that manifest later due to the pedestrian accident, then not seeking immediate medical attention will most likely impact your case negatively. 

A common occurrence is when a victim of an pedestrian accident has seemingly minor injuries and they can feel fine after the accident. Instead of taking the ambulance to the hospital, they get a ride home. Later on, however, the pain manifests. It could be that night, or days later.


Once the adrenaline from the accident wears off and your body starts to feel pain, you might realize you have a claim for accident damages in Florida.  It is important to seek medical attention as soon as pain manifests if you haven't already been treated.


When seeking medical attention, it is important to tell your doctor that you have been injured in an auto accident and that the accident is listed as a cause of the pain. Medical providers and insurance companies use specific coding when treating injuries and auto accident victims tend to receive similar types of care.


So if you have sustained a back injury, neck injury, or other type of injury in a pedestrian accident, it is important that the physician notes that in your medical records.

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