Legal Options After an Auto Pedestrian Accident in FloridaAn auto pedestrian accident is a traumatic event that can lead to serious injuries, and understanding the circumstances surrounding such incidents is crucial. This article will delve into the complexities of these accidents, shedding light on their causes, common factors, and potential legal implications.

We'll explore the main triggers of pedestrian accidents and identify locations where pedestrians are most vulnerable. We'll also highlight which types of pedestrians tend to be at higher risk in traffic scenarios.

Additionally, we aim to draw parallels between pedestrians who have been hit by motor vehicles and drivers involved in these incidents. Finally, we will discuss the legal options available for those injured in an auto pedestrian accident, including when a driver’s liability insurer or even an at-fault driver’s employer might be held responsible. As in auto accidents, multiple people may be found negligent in an auto pedestrian accident.

This comprehensive article aims to provide valuable insights for anyone affected by such unfortunate events or those seeking preventive measures against them. A pedestrian hit by a vehicle could find this article particularly helpful.

Understanding Auto Pedestrian Accidents

Auto pedestrian accidents are unfortunately common and can result in severe injuries or even death. A motor vehicle striking a pedestrian walking on the pavement or sidewalk is an unfortunate and frequent occurrence. The causes, locations, and types of pedestrians most at risk vary greatly, making it crucial to understand these factors for both prevention and legal recourse after an accident occurs.

The circumstances surrounding auto pedestrian accidents are often complex. It's not always as simple as a driver failing to yield right-of-way or being distracted behind the wheel, although those scenarios do happen frequently. Other contributing factors may include poor visibility due to weather conditions, inadequate street lighting, or even jaywalking by pedestrians.

According to the CDC, there were 104,000 emergency department visits of pedestrians treated for non-fatal auto pedestrian accident-related injuries in 2020. This alarming statistic underscores the importance of understanding where these accidents typically occur and who is most at risk.

  • Crosswalks: Many auto pedestrian accidents occur within crosswalks where drivers fail to yield right-of-way.
  • Roadways: High-speed roads, particularly those without sidewalks, pose significant risks.
  • Parking Lots: Drivers backing out of parking spaces may not see pedestrians behind their vehicles.
  • Driveways: Like parking lots, drivers backing out of driveways may not see pedestrians on the sidewalk, and this is a major cause of auto pedestrian accidents involving children.

Injured persons may experience physical injuries, for instance fractures, internal bleeding, traumatic brain injury (TBI), and spinal cord harm. However, emotional distress like PTSD should not be disregarded because these psychological injuries are often significant.

Key Takeaway: 

Auto pedestrian accidents are unfortunately common and can result in severe injuries or death. Factors contributing to these accidents include driver negligence, poor visibility, and jaywalking by pedestrians. Children aged five to nine years old and elderly individuals are particularly vulnerable. 

What Are the Common Causes of Auto Pedestrian Accidents?

A variety of causes contribute to auto pedestrian accidents; however, some are more prevalent than others. Understanding these primary factors is crucial for preventing future incidents and keeping pedestrians safe.

  • Distracted Driving: One of the top causes of auto-pedestrian accidents is distracted driving. Distracted driving, such as texting, eating, or using applications while behind the wheel can be disastrous.
  • Speeding: Speeding not only makes it harder to navigate curves and obstacles, but it also increases stopping distance and the severity of injuries upon impact. 
  • Impaired Driving: Despite all efforts by law enforcement to deter folks from drinking and driving, impaired driving remains a major issue. Alcohol impairs a driver's ability to think, coordinate, and drive responsibly. 

Aside from these major culprits, risky driving behaviors, including running red lights, failing to yield at crosswalks, and making left turns without checking for pedestrians, will often lead to serious auto pedestrian accidents. Ultimately, both drivers and pedestrians have responsibilities under Florida traffic laws and can be found to be negligent in causing auto pedestrian accidents.

Where Do Pedestrians Get Hit the Most?

Pedestrian incidents, like auto accidents, can take place anyplace, however certain locales are more accident-prone than others. Knowing these danger zones can help pedestrians stay alert and avoid a disastrous collision.


Crosswalks, although they're designed for pedestrian safety, can ironically become hotspots for auto pedestrian accidents. Drivers may not yield or notice pedestrians due to distractions or poor visibility. Marked crosswalks at uncontrolled locations typically have higher pedestrian crash rates compared to unmarked crossings.


Intersections are another danger zone. Drivers making turns may not see pedestrians crossing the street, especially if they're focused on navigating through traffic or rushing to beat a red light. That's how the auto pedestrian accident occurs in many cases. 

Intersections are the site of 40% of all crashes, with many involving pedestrians, according to the National Highway Traffic Safety Administration (NHTSA). This is often because of the failure of drivers and pedestrians to observe the traffic signals.

Parking Lots

Parking lots are also notorious for pedestrian accidents, as well as auto accidents. Cars backing out of parking spaces may accidentally hit people walking behind them because drivers often struggle to see everything around their vehicle, even with mirrors or backup cameras.

School Zones and Residential Areas

Kids walking near schools and residential areas face particular risks from cars speeding through school zones or failing to stop at crosswalks. The same applies in neighborhoods where children play outside near streets without sidewalks or on the sidewalks near driveways.

Accordingly, Florida law requires drivers passing through school zones during specific hours to reduce their speed limit as indicated by signs posted in those areas.

Rural Roads

Rural roads present unique dangers due to inadequate lighting conditions and lack of sidewalks, forcing pedestrians to walk along the road's edge facing oncoming traffic, risking potential collisions with fast-moving vehicles. In fact, the U.S. Department of Transportation Federal Highway Administration has identified rural roads as having one of the highest fatality rates among different roadway types.

Key Takeaway: 

Pedestrian accidents can happen anywhere, but certain areas are more prone to collisions. Crosswalks, intersections, parking lots, school zones/residential areas, and rural roads are all danger spots where pedestrians need to be extra cautious.

Who is Most at Risk in an Auto Pedestrian Accident?

When it comes to auto-pedestrian accidents, certain groups of people unfortunately face a higher risk. These include children, the elderly, and pedestrians with disabilities.


One in five pedestrians killed in traffic crashes are children under 15 years old. Their small size and lack of road experience put them at greater risk.

Elderly People

Seniors aged 65 and older accounted for a fifth of pedestrian fatalities and 10% of injuries, according to the NHTSA. Slower movement and decreased senses make them more vulnerable.

Pedestrians with Disabilities

Pedestrians with disabilities face mobility challenges that hinder their ability to react quickly. Visual impairments can also make it difficult for them to judge vehicle distances and speeds.

If you've been injured and fall into any of these high-risk categories, Spetsas Buist PLLC is here to help you navigate the complex legal landscape of personal injury claims and lawsuits in Florida. We provide compassionate expert guidance throughout the process.

What do pedestrians that get hit have in common?

When pedestrians get hit by cars, they often find themselves in the same unfortunate boat. They have in common physical hurt, psychological shock, and long-term influences on their wellbeing. They also find themselves looking at a tremendous amount of medical bills and an inability to work while they recover from their injuries.

First off, let's talk about the physical injuries. Pedestrians don't have the luxury of a metal shell protecting them, so they end up with broken bones, head trauma, and all sorts of internal damage. But the hurt goes beyond just physical pain: there's also the psychological impact. Many victims suffer from PTSD, anxiety, and depression after the accident. 

  • Physical Injuries: From minor cuts and bruises to serious fractures or traumatic brain injury. 
  • Mental Health Impact: Flashbacks, mood swings, and insomnia. 
  • Lifestyle Changes: Having to adjust daily routines due to mobility issues and taking time off work for medical appointments and recovery. 

And as if all that wasn't enough, there's also the financial burden. Medical bills, lost income, and the cost of physical therapy resulting from an auto pedestrian accident can wreck a person financially. 

Negligence by Drivers

Let's now discuss the drivers' role in these accidents. A lot of these auto pedestrian accidents happen because of driver negligence. Whether a driver is too busy texting or they've had one too many drinks, they put pedestrians in a vulnerable position.

Filing Personal Injury Claims

If you find yourself in this unfortunate situation of getting injured in an auto pedestrian accident, you might want to consider filing a personal injury claim. It's like a lifeline that can help cover your medical expenses and lost wages. 

Additionally, you don't have to go it alone. We will fight the insurance companies while you focus on healing. When you're injured, you have plenty to worry about without taking on a legal battle against the powerful insurance companies. 

Key Takeaway: 

Pedestrians hit by cars share commonalities like physical injuries, emotional trauma, and long-term effects on their quality of life. They suffer from broken bones, head trauma, PTSD, anxiety, depression and face financial burdens due to medical bills and lost income during recovery. Drivers' negligence is often the cause of these accidents.

What Do Drivers Who Hit Pedestrians Have in Common?

In the unfortunate event of an auto pedestrian accident, it's often found that drivers share certain common characteristics or behaviors. Let's take a look at these commonalities:


The most common trait among drivers involved in auto pedestrian accidents is negligence. Basically, they forgot to use their common sense while driving and ended up hitting someone.

Distracted Driving

Distracted driving is another major culprit. Whether they were texting, fumbling with the maps application, eating a burger, or trying to DJ their car, drivers will often be too busy messing around with their phone or some other distraction to notice pedestrians.

Impaired Driving

A significant number of drivers who hit pedestrians are under the influence of alcohol or drugs. This is an issue in all states, and it's completely preventable.

Reckless Driving

Certain drivers exhibit a tendency to embrace a high-risk approach. By exceeding speed limits, disregarding traffic signals, and failing to heed stop signs, these individuals jeopardize the safety of pedestrians.

Legal Options for Injured Pedestrians

If you've been injured in an auto-pedestrian accident, don't panic. You have potential legal options that can help you get the compensation you need to cover your medical bills, lost wages, and more. Let's dive into the details.

Filing a Personal Injury Claim

First things first, you can file a personal injury claim against the at-fault driver's insurance company. If the vehicle is a commercial vehicle, you may be able to file a claim against the at-fault driver's employer because the employer may be vicariously liable for the driver's actions. 

In this phase of the case, you'll provide the other side with relevant evidence to prove that the driver was negligent and caused your injuries. Here, we're talking about things like police reports, witness statements, photos, videos, and medical records. This type of evidence could convince an auto insurer or the driver's liability insurer to pay a claim before a lawsuit is filed.

It's important to note that Florida has a no-fault insurance system. Under Florida Statute 627.736, every motorist is required to carry Personal Injury Protection (PIP) coverage. This means you may be able to get up to $10,000 for medical bills and lost wages, no matter who caused the accident. 

There is one caveat: You will likely need to seek medical treatment soon after your accident to access your PIP benefits. This is often termed "The 14-Day Rule" in Florida.

Filing a Lawsuit

In case of serious or long-lasting injuries, or insufficient coverage by PIP benefits, you may need to consider filing a legal action against the responsible party. A successful lawsuit could result in compensation not only for medical expenses and lost income, but also for pain and suffering.

Having a knowledgeable legal representative to guide you on your journey is essential for success. The attorneys at Spetsas Buist PLLC have the experience and know-how to guide injured pedestrians through the complex legal maze. Our attorneys fight tooth and nail for our clients, and we give them a direct line of communication with their attorney, so clients don't get stuck talking to customer service reps when they want to talk to their attorney.

Remember, you don't have to face this tough time alone. We're here to accompany you all along your journey. Let us help you achieve the justice you deserve after a devastating accident caused by someone else's negligence.

Key Takeaway: 

If you've been injured in an auto-pedestrian accident, you may be able to pursue a personal injury claim against the at-fault party's insurance company and potentially receive compensation for medical expenses and lost wages. If your injuries are serious or the benefits don't cover all your losses, you can also consider filing a lawsuit.

FAQs in Relation to Auto Pedestrian Accident

Q1: What are the main causes of pedestrian accidents?

A1: The main causes of pedestrian accidents are distracted driving, speeding, failure to yield at crosswalks, and impaired driving due to alcohol or drugs. 

Q2: What is the most common injury for pedestrians?

A2: The most common injuries for pedestrians involve fractures (broken bones), especially in the lower extremities like legs and ankles. 

Q3: What if I got hit by a car but I feel fine?

A3: Even if you feel fine after being hit by a car, it's important to seek medical attention immediately as some injuries may have delayed symptoms.

Do You Need to Speak with a Florida Pedestrian Accident Attorney?

If you’ve been injured in a pedestrian accident in Florida, you should speak with a skilled and aggressive Orlando pedestrian accident attorney as soon as possible because you may be entitled to compensation. Please don’t hesitate to contact us on our website, or you can call our Orlando, Florida personal injury law firm today at (321) 352-7588 to schedule your free consultation by phone. When you schedule a consultation at our law firm, you will get a consultation with a pedestrian accident lawyer, not a customer service representative or intake person.

If you need a South Carolina personal injury lawyer, don’t hesitate to reach out to us at (843) 638-6590. We have at least one lawyer licensed in Florida, Georgia, South Carolina, and North Carolina. So, if you’ve been injured in the Southeast, we are happy to talk with you. Don’t hesitate to call us if you need us.

For more information on personal injury cases in general, you can download our free personal injury guide: P.I. 101: Your Quick Guide to Personal Injury Claims.