Pedestrian accident lawyers near me: Secure Your 2026 Rights

Understanding Your Rights After a Pedestrian Accident

If you’re searching for pedestrian accident lawyers near me, you likely need immediate help understanding your legal options after being struck by a vehicle. Here’s what you need to know right now:

Quick Answer: What Pedestrian Accident Lawyers Can Do For You

1. Investigate your accident to determine who is legally at fault
2. Handle all communication with insurance companies on your behalf
3. Calculate your full damages including medical bills, lost wages, and pain and suffering
4. Negotiate settlements or take your case to trial if needed
5. Work on contingency – you pay nothing unless you win your case

Walking should be safe, but the reality is sobering. Nationwide, 70,000 pedestrians are injured in car crashes every year, and nearly 5,000 lose their lives. Pedestrians are 1.5 times more likely to die in motor vehicle accidents than drivers themselves. When you’re on foot, you have no protection – no airbags, no seatbelts, no metal frame. A collision with even a slow-moving vehicle can cause catastrophic injuries.

The aftermath of a pedestrian accident is overwhelming. Medical bills pile up. You can’t work. Insurance companies call with questions. You’re in pain, you’re scared, and you don’t know where to turn or what your legal rights are.

That’s where an experienced pedestrian accident attorney comes in. They can protect your rights, deal with the insurance companies, and fight to get you every dollar of compensation you deserve while you focus on healing.

I’m Thomas W. Carey, a board-certified civil trial lawyer who has handled thousands of injury cases across Florida since 1988, including complex pedestrian accident claims. As someone who has dedicated my career to helping accident victims – including founding pedestrian accident lawyers near me searches connect injured people with qualified legal help – I understand the challenges you face and how to steer the legal system to secure the compensation you need.

Quick look at Florida pedestrian accident laws and resources. For a complete guide to Florida Pedestrian Laws.

What to Do Immediately After Being Hit by a Car

Being involved in a pedestrian accident is a terrifying and disorienting experience. Your priority should always be your safety and health. Even if you feel okay, adrenaline can mask pain, and some injuries may not manifest until hours or days later. Taking the right steps immediately after the accident can also significantly impact any future legal claim.

Here’s what we advise our clients to do if they are ever hit by a car in Clearwater, Largo, New Port Richey, Spring Hill, St Petersburg, Trinity, or Wesley Chapel, Florida:

1. Prioritize Your Safety and Seek Medical Attention: Your health is paramount. Remain calm and restrict your movements as much as possible. If you can, move to a safe place out of the roadway. Call 911 immediately to report the crash and request paramedics. Even if you decline ambulance transport, get checked out by a medical professional as soon as possible. Some injuries, like traumatic brain injuries or internal bleeding, might not be immediately apparent but can be life-threatening. We cannot stress enough the importance of seeking prompt medical care, as it not only addresses your injuries but also creates an official record that links your injuries to the accident.
2. Call the Police: Always report the accident to the police. They will create an official accident report, which is crucial evidence for your claim. Tell the police your side of the story, but stick to the facts and do not speculate or admit fault. Make sure to get the police report number before they leave the scene.
3. Do Not Admit Fault: This is a golden rule in any accident scenario. Even a casual “I’m sorry” can be misinterpreted by insurance companies as an admission of guilt, potentially jeopardizing your claim. Let the facts speak for themselves.
4. Exchange Information: If the driver is present, get their name, contact information, driver’s license number, and insurance details. If there are any passengers, try to get their information too.
5. Document the Scene: If you are physically able, take pictures and videos of everything. This includes the accident scene from various angles, any visible injuries you sustained, damage to the vehicle, road conditions, traffic signs, skid marks, and anything else that seems relevant. Photos can be invaluable evidence.
6. Gather Witness Information: Eyewitnesses can provide unbiased accounts of what happened. Ask for their names and contact information. Their testimony can be crucial in proving fault.
7. File an Insurance Claim: Once you’ve sought medical attention and gathered initial information, you’ll need to file a claim with the driver’s insurance company. Be cautious, as insurance adjusters may try to get you to settle quickly for a low amount.
8. Consult with an Attorney Before Accepting a Settlement: This is where we come in. Insurance companies are businesses, and their goal is to minimize payouts. They may try to underestimate your losses or even blame you for the accident. Before signing anything or accepting an offer, talk to an experienced personal injury attorney. We can assess the true value of your claim and protect your rights.

For a more detailed guide on what to do, please review our resources on Steps to Take After Being a Pedestrian Accident Victim and What to do after a car accident. Taking these steps can make a significant difference in the outcome of your pedestrian accident case.

Determining Fault: Who is Legally Responsible for a Pedestrian Accident?

One of the first and most critical steps in any pedestrian accident case is determining who is at fault. In Florida, we operate under a “fault-based” insurance system, meaning the party responsible for the accident is financially liable for the damages. This often falls on the driver, but liability can be complex and may extend to other parties.

Common Causes of Pedestrian Accidents (and Driver Negligence):

Most pedestrian accidents are preventable and stem from driver negligence. Drivers owe a “duty of care” to pedestrians, meaning they must take reasonable steps to avoid causing harm. When they fail to do so, they can be held liable. Common examples of driver negligence include:

• Distracted Driving: This is unfortunately rampant. Drivers who are texting, talking on the phone, eating, or even adjusting their car’s controls are not paying full attention to the road. A driver checking a message for just 4.6 seconds can travel a significant distance without seeing a pedestrian.
• Speeding: Exceeding the speed limit or driving too fast for conditions reduces a driver’s reaction time and increases the severity of impact.
• Failure to Yield: Drivers are legally required to yield to pedestrians in crosswalks, both marked and unmarked. Ignoring these rules is a major cause of pedestrian injuries.
• Drunk or Impaired Driving: Drivers under the influence of alcohol or drugs have severely impaired judgment, reaction times, and coordination. They cannot process information or react quickly enough to avoid pedestrians. You can learn more about drunk driving risks from the NHTSA.
• Running Red Lights or Stop Signs: Disregarding traffic signals puts pedestrians in direct danger.
• Unsafe Turns: Drivers making left or right turns must check for pedestrians before proceeding.

Beyond the Driver: Other Potentially Liable Parties

While the driver is often the primary at-fault party, sometimes others can share liability:

• Government Liability: Poorly designed or maintained roadways, sidewalks, or crosswalks can contribute to an accident. If a city or county government entity (like the Florida Department of Transportation) failed to address a known hazard, such as a large pothole, a missing crosswalk sign, or a malfunctioning traffic signal, they could be held partially responsible.
• Vehicle Manufacturers: In rare cases, a defect in the vehicle, such as faulty brakes or a steering malfunction, could cause a driver to lose control and strike a pedestrian. In such instances, the manufacturer could be held liable.
• Employers or Rideshare Companies: If the driver was on duty for an employer (e.g., a delivery driver) or a rideshare company (like Uber or Lyft) at the time of the accident, their respective companies might also share liability.

Understanding who is liable requires a thorough investigation, which is precisely what our pedestrian accident lawyers near me excel at. We gather evidence like police reports, traffic camera footage, eyewitness statements, and accident reconstruction data to build a strong case. For a comprehensive overview of your rights and responsibilities as a pedestrian in Florida, refer to our Florida Pedestrian Laws Complete Guide.

How does Florida’s comparative negligence law affect my claim?

Florida follows a “pure comparative negligence” rule, which means that even if you were partially at fault for the accident, you can still recover compensation. However, the amount of compensation you receive will be reduced by your percentage of fault.

For example, if a jury determines your total damages are $100,000, but finds you were 20% at fault (perhaps you were jaywalking, or distracted by your phone), your compensation would be reduced by 20%, leaving you with $80,000. If you were 90% at fault, you could still recover 10% of your damages.

This rule is vital because insurance companies often try to shift blame to the pedestrian to reduce their payout. They might argue you were jaywalking, wearing dark clothing at night, or distracted. Our job is to counter these arguments, gather evidence to minimize your perceived fault, and ensure you receive the maximum compensation possible. Even if you think you might have been partially responsible, do not let that deter you from seeking legal advice. We can help you understand your rights and how Florida’s comparative negligence law applies to your unique situation. You can find more information about claiming compensation if you were partially at fault on our blog.

Securing Your Future: Compensation and the Role of Pedestrian Accident Lawyers Near Me

After a pedestrian accident, you’re not just dealing with physical injuries; you’re often facing a mountain of medical bills, lost income, and emotional distress. Insurance companies, despite their friendly commercials, are not always on your side. Their primary goal is to pay out as little as possible. This is where the expertise of pedestrian accident lawyers near me becomes invaluable.

We understand their tactics. Insurance adjusters may try to:

• Delay the process, hoping you’ll give up or accept a low offer out of desperation.
• Downplay the severity of your injuries or argue they aren’t accident-related.
• Exaggerate your fault in the accident.
• Pressure you into giving a recorded statement that could be used against you.

Our role is to protect you from these tactics. We handle all communication with the insurance companies, ensuring your rights are protected. We carefully gather all necessary evidence, from medical records to accident reconstruction reports, to build a compelling case. Our negotiation skills are honed over decades of experience, allowing us to fight for every dollar you deserve. In fact, many studies show that victims with legal representation often receive significantly higher settlements than those who try to handle their claims alone. This is why you need a personal injury lawyer who understands the intricacies of pedestrian accident claims.

What types of injuries do pedestrians suffer?

Pedestrians are incredibly vulnerable in a collision with a motor vehicle. Without the protection of a car’s frame, airbags, or seatbelts, the impact can be devastating. We’ve seen the severe and often life-altering injuries our clients sustain, including:

• Traumatic Brain Injuries (TBI): From concussions to severe brain damage, TBIs can have long-lasting effects on cognitive function, memory, personality, and physical abilities. Even a “mild” TBI can lead to significant challenges. For more information, you can refer to resources on traumatic brain injury.
• Spinal Cord Injuries: These can range from herniated discs to complete paralysis, impacting mobility, sensation, and bodily functions. A spinal cord injury can permanently change a person’s life.
• Broken Bones and Fractures: Pedestrians often suffer multiple fractures in their legs, arms, pelvis, and ribs due to the direct impact and subsequent fall.
• Soft Tissue Damage: This includes sprains, strains, torn ligaments, and muscle damage, which can cause chronic pain and limit movement.
• Internal Injuries: Organs can be damaged from the force of impact, leading to internal bleeding, organ rupture, or other life-threatening conditions.
• Lacerations and Road Rash: Being thrown onto the pavement often results in deep cuts, abrasions, and severe “road rash,” which can lead to infection and permanent scarring.
• Emotional and Psychological Trauma: Beyond the physical pain, victims often experience significant emotional distress, including PTSD, anxiety, depression, and fear of walking or crossing streets.

These injuries often require extensive and ongoing medical treatment, rehabilitation, and sometimes lifelong care.

What compensation can pedestrian accident lawyers near me help you recover?

When you or a loved one is injured in a pedestrian accident, you are entitled to seek compensation for all the ways the accident has impacted your life. We work tirelessly to ensure you recover both economic and non-economic damages.

Economic Damages (quantifiable financial losses):

• Medical Bills: This includes emergency room visits, hospital stays, doctor appointments, surgeries, medications, and medical devices. We also account for future medical expenses you may incur.
• Lost Wages: Compensation for the income you’ve already lost due to being unable to work.
• Future Earnings: If your injuries prevent you from returning to your previous job or earning the same income, we fight for compensation for your diminished earning capacity.
• Rehabilitation Costs: Physical therapy, occupational therapy, and other rehabilitative treatments are essential for recovery and can be very expensive.
• Property Damage: If any of your personal belongings were damaged in the accident (e.g., phone, glasses, clothing).

Non-Economic Damages (non-financial losses that affect your quality of life):

• Pain and Suffering: This accounts for the physical pain and discomfort you’ve endured and will continue to endure.
• Emotional Distress: The psychological impact of the accident, including anxiety, depression, fear, and PTSD.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, social activities, or daily tasks you once enjoyed, you can be compensated for this loss.
• Loss of Consortium: If your injuries impact your relationship with your spouse, they may be able to claim damages for the loss of companionship and intimacy.

In rare cases, if the at-fault driver’s actions were particularly egregious, such as driving while severely intoxicated or engaging in willful harm, punitive damages may also be awarded. These are intended to punish the wrongdoer and deter similar behavior.

Every case is unique, and the amount of compensation varies widely depending on the severity of injuries, the impact on your life, and the specifics of the accident. For an idea of what your case might be worth, visit our page on what is my personal injury case worth?.

What if the at-fault driver is uninsured or underinsured?

This is a common and often frustrating scenario. What happens if the driver who hit you doesn’t have insurance, or their policy limits are too low to cover your extensive injuries? This is a critical concern for many accident victims, but thankfully, you may still have options.

In Florida, your own auto insurance policy might be your saving grace if you have Uninsured Motorist (UM) coverage or Underinsured Motorist (UIM) coverage.

• Uninsured Motorist (UM) Coverage: This coverage protects you if the at-fault driver has no liability insurance or if you are involved in a hit-and-run accident where the driver cannot be identified. Your UM policy would step in to cover your medical expenses, lost wages, and pain and suffering, up to your policy limits.
• Underinsured Motorist (UIM) Coverage: This coverage applies when the at-fault driver has some liability insurance, but their policy limits are insufficient to cover the full extent of your damages. Your UIM policy would then pay the difference between the at-fault driver’s coverage and your total damages, up to your UIM policy limits.

We strongly advise all our clients in Clearwater, Largo, New Port Richey, Spring Hill, St Petersburg, Trinity, and Wesley Chapel to carry robust UM/UIM coverage. It’s a relatively inexpensive addition to your policy that can provide crucial protection in the event of an accident with an uninsured or underinsured driver.

If you find yourself in this situation, our pedestrian accident lawyers near me can help you steer the complexities of filing a claim with your own insurance company. Dealing with your own insurer for a UM/UIM claim can sometimes be as challenging as dealing with the at-fault driver’s insurance, as they still aim to minimize payouts. We have experience in this area and will fight to ensure your own policy provides the protection you paid for. For more information on how we handle these cases, please see our dedicated page on Auto Accident Attorney services, which includes UM/UIM claims.

Navigating the Claims Process: Key Deadlines and Legal Problems

The legal journey after a pedestrian accident can feel daunting, but with experienced pedestrian accident lawyers near me by your side, it becomes manageable. The process typically involves several stages, from initial investigation to potential litigation.

1. Filing a Claim: Once we’ve gathered sufficient evidence and assessed your damages, we will formally file a claim with the at-fault driver’s insurance company (or your UM/UIM provider, if applicable).
2. Investigation Phase: During this time, both sides will investigate the accident. We will continue to collect evidence, interview witnesses, consult with experts (such as accident reconstructionists or medical specialists), and compile all necessary documentation of your injuries and losses.
3. Settlement Negotiations: Most personal injury cases, including pedestrian accidents, are resolved through out-of-court settlements. We will engage in rigorous negotiations with the insurance company to reach a fair settlement that fully compensates you for your damages.
4. Litigation: If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to court. This involves filing a lawsuit, engaging in findy (exchanging information with the opposing side), and potentially going to trial. While most cases settle before trial, our readiness to litigate often strengthens our position in negotiations.

Throughout this process, we keep you informed, explaining each step and answering all your questions. Our goal is to alleviate your stress so you can focus on your recovery. For a deeper dive into the legal procedures, you can explore our resources on Personal Injury Lawsuits.

What is the statute of limitations for filing a lawsuit in Florida?

Understanding deadlines is crucial in any legal matter, and personal injury claims are no exception. In Florida, there’s a strict time limit, known as the “statute of limitations,” within which you must file a lawsuit after a pedestrian accident.

• Personal Injury Claims: For most pedestrian accident personal injury claims in Florida, you generally have two (2) years from the date of the accident to file a lawsuit.
• Wrongful Death Claims: If a pedestrian accident tragically results in a fatality, the family typically has two (2) years from the date of death to file a wrongful death lawsuit.

These deadlines are extremely important. If you miss the statute of limitations, you could lose your right to seek compensation, regardless of how strong your case might be. While there are very limited exceptions to these rules (such as for minors in some circumstances), relying on an exception is risky. This is why we emphasize the importance of contacting us as soon as possible after an accident. The sooner you reach out to us, the more time we have to investigate your case, gather evidence, and ensure all legal deadlines are met.

How do pedestrian accident lawyers near me work on a contingency fee?

We understand that after a serious accident, financial worries are immense. The thought of adding legal fees to your burdens can be overwhelming. That’s why, like many personal injury firms, we work on a contingency fee basis. This means:

• No Upfront Costs: You don’t pay us any money out-of-pocket to hire us. We cover all the initial expenses of building your case, including investigation costs, expert fees, and court filing fees.
• “No Win, No Fee” Promise: We only get paid if we successfully recover compensation for you, either through a settlement or a favorable verdict at trial. If we don’t win your case, you owe us nothing for our legal fees.
• Percentage-Based Fee: Our fee is a pre-agreed percentage of the total compensation we secure for you. This percentage is clearly outlined in our client agreement, so there are no surprises.

This contingency fee arrangement makes high-quality legal representation accessible to everyone, regardless of their current financial situation. It aligns our interests with yours: we are motivated to achieve the best possible outcome for your case because our success is directly tied to yours. We believe everyone deserves access to justice, and our fee structure reflects that commitment. To learn more about how this works, please visit our page on how much does a personal injury attorney cost?.

Conclusion

Navigating the aftermath of a pedestrian accident in Florida can be one of the most challenging experiences of your life. From dealing with severe injuries and mounting medical bills to battling insurance companies, the path to recovery and justice can seem long and complex. But you don’t have to face it alone.

We hope this guide has shed light on your legal rights, the steps you should take, and the critical role that experienced pedestrian accident lawyers near me play in securing the compensation you deserve. Prompt action is key – both for your health and your legal claim.

At Carey Leisure Carney, we pride ourselves on our commitment to our clients. We are not just lawyers; we are advocates dedicated to providing personalized service and direct attorney access. Our firm stands out with Board-Certified attorneys, a distinction held by only the top 2% of Florida lawyers, and over 100 years of combined experience fiercely fighting for accident victims across Clearwater, Largo, New Port Richey, Spring Hill, St Petersburg, Trinity, and Wesley Chapel.

If you or a loved one has been injured in a pedestrian accident, do not hesitate to seek expert legal guidance. We offer free, no-obligation consultations to discuss your case, answer your questions, and help you understand your options. Let us put our expertise to work for you, so you can focus on what truly matters: your recovery.

Contact our pedestrian accident attorneys for a free consultation today.