Tampa Pedestrian Accident Lawyers

Filing a Pedestrian Accident Claim in FL

Pedestrian accidents involving cars, trucks, or buses often lead to severe injuries and even fatalities. Pedestrians are particularly vulnerable in crosswalks, parking lots, sidewalks, and other busy areas. If you have been struck by a vehicle in Florida and believe you have a valid claim, the Tampa pedestrian accident lawyers at Burnetti, P.A. are here to assist you.

To discuss your legal options in detail, dial (813) 414-5884 or contact us online.

Pedestrian Laws in Florida

Florida pedestrian accident laws are designed to protect both pedestrians and drivers, assigning responsibilities and outlining legal options in the event of an accident. Here's an overview of key aspects:

• Right-of-Way Laws: Pedestrians usually have the right of way in marked crosswalks and at intersections. However, they must follow traffic signals and can’t step into traffic unexpectedly.

• Driver Responsibilities: Drivers must be alert and try to avoid hitting pedestrians, even if the pedestrian is not following the rules. They should use their horn if needed and be especially careful around children or disabled individuals.

• Pedestrian Responsibilities: Pedestrians must use sidewalks when available and walk facing traffic if there isn’t one. They should also avoid crossing streets diagonally unless signs or signals allow it.

• Comparative Negligence: If a pedestrian shares fault in the accident, they can only recover damages if they are 50% or less responsible. If they are more than 50% at fault, they can’t receive compensation.

• Statute of Limitations: Pedestrians who are injured have 2 years from the date of the accident to file a lawsuit. After that time, they usually lose the right to sue.

• No-Fault Insurance: Florida's no-fault law means injured pedestrians can get medical coverage through their own car insurance or that of a household member. If they don’t have coverage, the driver’s insurance may apply.

• Wrongful Death Claims: If a pedestrian dies in an accident, the family can file a wrongful death claim. They must do this within 2 years of the person’s death.

Injuries Resulting from Pedestrian Accidents

Despite the significant size difference between vehicles and pedestrians, pedestrians may not always see an approaching vehicle before a collision occurs. Even if they do, they may be unable to move quickly enough to avoid an accident. The resulting injuries can be devastating and include:

• Broken bones
• Lacerations
• Severe burns
• "Road rash"
• Spinal cord injuries
• Traumatic brain injuries
• Loss of life

Pedestrian accident victims often require medical treatment, hospitalization, surgeries, physical therapy, or rehabilitation. Their quality of life may never fully recover from the accident.

Types of Negligence Causing Pedestrian Accidents

While pedestrians may not always have the right of way, drivers have a responsibility to operate their vehicles safely and be aware of their surroundings.

Common pedestrian and crosswalk accidents often involve collisions caused by negligent actions of car, bus, semi-truck, taxi, or truck drivers who:

• Failed to see the pedestrian due to limited visibility or poor visibility
• Drove under the influence or while distracted
• Disregarded a stoplight or traffic signal
• Failed to yield the right of way
• Were preoccupied with traffic and didn't notice the pedestrian
• Drove recklessly or exceeded the speed limit
• Violated traffic laws
• Failed to exercise caution in school zones or residential areas

In addition to negligent drivers, pedestrian accidents can also result from defective vehicle parts, such as faulty brakes that prevent a driver from stopping. At Burnetti, P.A., our Tampa pedestrian accident lawyers can investigate your case to determine if negligence or defective parts played a role in the collision. With our experience, we can also assess the worth of your injuries or losses.

FAQs About Pedestrian Accident Claims in Tampa, FL

What should I do immediately after a pedestrian accident in Tampa?

Call 911 to report the accident and seek medical attention, even if injuries seem minor. Try to gather witness contact info, photos of the scene, and the driver’s information if possible.

Who can be held responsible for a pedestrian accident in Tampa?

The driver may be liable, but other parties like commercial vehicle owners, government entities (for road hazards), or even the pedestrian can share fault depending on the case.

What damages can I recover in a pedestrian accident case?

You may be eligible for compensation for medical expenses, lost wages, pain and suffering, and future medical care. In cases of gross negligence, punitive damages may also apply.

How is fault determined in a pedestrian accident in Tampa?

Fault is determined based on evidence like police reports, witness statements, traffic camera footage, and expert opinions. Both the driver’s and the pedestrian’s actions are evaluated under Florida's comparative negligence law.

How long does a pedestrian accident claim take to resolve?

Minor claims may settle in a few months, while complex cases involving serious injuries or disputed liability can take a year or more. Having legal representation may help speed up the process.

Can I file a claim if I was injured on private property or in a parking lot?

Yes. Liability could fall on the driver, the property owner, or both, depending on the circumstances—such as poor lighting or lack of signage.

Do I need a lawyer for a pedestrian accident claim?

While not required, a lawyer can help you deal with insurance companies, gather evidence, and ensure you receive fair compensation—especially if there are serious injuries or shared fault issues.

Let Our Tampa Pedestrian Accident Help You Today

If you suffered injuries due to a driver's negligence or a defective car part, a Tampa pedestrian accident lawyer at Burnetti, P.A. will fight to help you obtain maximum compensation. Our offices are conveniently located in Lakeland, Tampa, Clearwater, and Sebring, allowing us to serve clients throughout Florida.

If you believe you have a pedestrian accident claim, call (813) 414-5884 to receive a free case evaluation.