What to Know About Filing a Claim for Damages After a Florida Pedestrian Accident

Florida’s roadways have gotten busier than ever, which has made it even more dangerous for all road users, including not only drivers, but also cyclists and pedestrians. In fact, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 10,000 pedestrian accidents across the state every year. Sadly, those accidents result in almost 6,000 injuries and nearly 800 fatalities. Many of these accidents are the result of driver error, such as speeding, distracted driving, and driving while impaired. Fortunately, pedestrians who are injured because of this type of negligence can often recover compensation for their losses from the at-fault party.

Filing an Insurance Claim

 Filing a claim for damages after a pedestrian accident often ends up being a bit more complicated than for most car accident cases. This is due partially to the fact that pedestrians may not carry Personal Injury Protection (PIP) insurance coverage, which covers up to $10,000 of an injured motorist’s medical bills and lost wages. In Florida, all drivers are required to carry this coverage, but the same requirement doesn’t apply to pedestrians, so it is not uncommon for pedestrians who don’t own a car and who are injured in an accident to lack this type of coverage. Those who do have such a policy, on the other hand, can still file a claim with their provider, even though they weren’t driving at the time of the crash. Injured parties may also be able to file claims under their other insurance policies, including their health insurance, MedPay coverage, or their uninsured/underinsured policies.

Filing a Lawsuit

 Although Florida is a no-fault state, it is possible to file civil lawsuits against those whose carelessness caused an accident, but only if the victim’s injuries qualify as serious. Unfortunately for most pedestrians, this threshold is almost always met, as the injuries sustained in these kinds of accidents often border on catastrophic. To qualify as serious under Florida law, a pedestrian’s injury must involve:

• The significant and permanent loss of an important bodily function;
• A permanent injury;
• Significant and permanent scarring or disfigurement; or
• Death.

If a victim can prove that his or her injury satisfies this standard, then that individual can move forward with filing a civil lawsuit, seeking compensation for their medical bills, lost wages, and disability. Unlike insurance claims, there are no caps on how much an injured party can recover when filing a civil lawsuit. Furthermore, claimants can seek compensation for non-economic damages, like pain and suffering and emotional distress, which aren’t available to those who file insurance claims.

Get in Touch with Our Pedestrian Accident Attorneys Today 

If you or a loved one were injured in a pedestrian accident in Florida, the experienced Tampa pedestrian accident lawyers at Anderson & Anderson can walk you through your recovery options. We know how stressful these situations can be and will put all of our experience and resources to work on your behalf. Call us at 813-251-0072 to get started on your case today.

Sources: 

flhsmv.gov/pdf/crashreports/crash_facts_2022.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html