Orlando Pedestrian Accident Lawyer

Being hit by a car while walking in Orlando, whether in a crosswalk downtown or along a busy road with no sidewalk, can change your life in a few seconds.

Every driver in Florida has a legal duty to watch for people on foot, and the rules that follow a crash decide who was at fault, which insurance pays first, and how long you have to file.

An Orlando pedestrian accident lawyer can help apply those rules to the facts of your crash.

Smith, Feddeler & Smith, P.A. brings over 50 years of combined experience to injury claims across Central Florida, and se habla español. Call our Orlando office at (407) 848-5178 or contact us to schedule a free case evaluation.

Why Choose Smith, Feddeler & Smith, P.A. After a Pedestrian Crash

A settlement signed before a pedestrian injury fully shows up can leave future care unpaid, so we stay in it for the long haul instead of closing a claim quickly.

Because insurers know we will take a case to trial when an offer falls short, they have reason to take our demands seriously.

What Happens After a Pedestrian Accident in Orlando?

After emergency care, a Florida pedestrian claim usually moves through three stages:

1. Insurance claim: The process begins with the insurer, often under personal injury protection (PIP), the no-fault coverage Florida drivers carry.
2. Fault investigation: The police report, photos, and witness statements help show who caused the crash.
3. Lawsuit: If the claim does not resolve, a lawsuit can follow before the filing deadline.

Much of this process mirrors an Orlando car accident claim, with a few rules that apply only to people on foot.

Who Is at Fault When a Car Hits a Pedestrian in Florida?

Under Florida’s pedestrian traffic law, drivers have specific duties toward people on foot:

• Due care: Every driver must use due care, meaning reasonable caution, to avoid hitting a pedestrian and must give a warning when needed.
• Walk signals: At a signalized intersection, a driver must stop and stay stopped for a pedestrian crossing with a walk signal.
• Crosswalks without signals: Where there is no working signal and no sign directing otherwise, the driver must yield to a pedestrian in the crosswalk, slowing or stopping if needed.

Pedestrians have duties too. Someone crossing outside a marked crosswalk or an intersection must yield to vehicles, which is why exactly where a person crossed often becomes a central fact.

If a pedestrian shares some of the blame, Florida’s comparative fault law reduces the pedestrian’s damages by that share, and a pedestrian found more than 50% at fault recovers nothing.

How Long Do I Have to File a Pedestrian Accident Claim in Florida?

For most pedestrian accidents, Florida allows two years to file a negligence lawsuit under Section 95.11 of the Florida Statutes. The clock starts when the claim accrues, meaning the point when every legal piece of the claim is in place, which for a crash is usually the day it happens. Missing the deadline generally ends the right to sue.

Who Pays My Medical Bills After a Pedestrian Accident?

Florida’s no-fault insurance law covers pedestrians, not just people inside cars. A pedestrian who owns a car, or lives with a relative who does, generally turns first to that household’s own PIP policy.

A Florida resident with no PIP coverage of their own can generally claim PIP benefits from the insurer of the vehicle that hit them. PIP pays a share of medical bills and lost wages up to the policy limit, no matter who caused the crash.

PIP comes with a firm timeline: initial medical treatment must happen within 14 days of the crash for the injured person to qualify. Once bills or lost income go past the PIP limit, the rest usually has to come from a claim against the at-fault driver, often paid through bodily injury liability coverage, the part of an auto policy that pays for injuries the driver causes to others, if the driver carries it.

What Compensation Can I Recover?

A pedestrian accident claim can recover two broad types of damages:

 When PIP applies, Florida’s no-fault threshold law generally allows a claim against the driver for pain and suffering only if the injury involves a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.

What If My Loved One Was Killed by a Car While Walking?

Losing a family member this way is devastating. Under Florida’s wrongful death law, the claim is brought by the personal representative, the person appointed to handle the estate, on behalf of the estate and survivors such as a spouse or children.

The injury claim the pedestrian could have brought ends at death, and the wrongful death claim takes its place. Our wrongful death lawyers can explain who qualifies as a survivor and what each can recover.

Frequently Asked Questions About Orlando Pedestrian Accidents

Should I Talk to the Driver’s Insurance Adjuster?

An adjuster works for the insurance company, and anything said in a recorded statement can later be used in arguments about fault or how serious an injury is. Signing a release ends the claim, including for injuries that have not fully shown up yet, so many people speak with an attorney before giving a statement or signing anything. It also helps to recognize common stalling tactics insurance adjusters use, since delay can push a claim closer to its deadlines.

What If I Was Hit While Working, Such as on a Road Crew or Making Deliveries?

A pedestrian hit by a car while on the job usually has a workers’ compensation claim through the employer and may also have a separate claim against the driver who caused the crash. The two claims follow different rules, and money from one can affect the other. We represent injured workers in Orlando workers’ compensation claims as well as people hurt by negligent drivers, so the two claims can be coordinated from the start.

What If the Driver Left the Scene or Had No Insurance?

PIP from the pedestrian’s own household policy still applies after a hit-and-run or a crash with an uninsured driver. A pedestrian without household PIP, who would otherwise claim from the striking car’s insurer, may have no PIP to claim when the driver cannot be identified.

For losses beyond PIP, uninsured motorist coverage, an optional part of many Florida auto policies, may pay what the at-fault driver’s insurance would have covered. It is worth checking every auto policy in the household, since that coverage can follow the policyholder even while walking.

Get Help From an Orlando Pedestrian Accident Lawyer

Nobody expects to be hit by a car while walking, and the weeks afterward can feel overwhelming. Smith, Feddeler & Smith, P.A. can handle the back-and-forth with insurers so you can focus on getting better. Contact us today or call (407) 848-5178 to set up a free case evaluation with an Orlando pedestrian accident lawyer.

Office Location

Lakeland832 Florida Avenue South
Lakeland, FL 33801

(863) 312-1102

Brandon202 E Brandon Blvd. Suite 107
Brandon, FL 33511

(813) 527-3716

Kissimmee1101 Miranda Lane
Ste1331, Kissimmee, FL 34741

(407) 904-5445

Tampa100 S Ashley Drive
Suite 600, Tampa, FL 33602

(813) 859-5671

Orlando4700 Millenia Blvd
Orlando,FL 32839

(407) 553-3028

Clearwater13575 58th St North #200
Clearwater, FL 33760

(727) 914-5089

$1,200,000.00
Workers’ Compensation

Claimant worked as a tree guy and a giant limb fell on him. Claimant developed CRPS and ended up wheelchair bound. Our firm was successful in obtaining many benefits to the Claimant prior to settlement, including multiple home modifications, wheelchair ramps, authorization of medical specialist, and implantation of a spinal cord stimulator.

$350,000.00
Workers’ Compensation

Claimant worked as a bus driving and during an evacuation she jumped off the bus causing her to fall resulting in a serious back injury.

$269,671.00
Workers’ Compensation

Claimant worked performing clerical type job in an office. She was asked to carry a box down stairs when she slipped and fell down the flight of stairs injuring her head, neck and lefts arm / wrist / hand.

$220,100.00
Workers’ Compensation

Claimant worked for a temp service. He was helping to unload a trailer when his foot went through a board on the floor of the trailer causing his to fall, shattering his pelvis, and causing serious injury to his back, hip and head.

$1,223,423.00
Workers’ Compensation

Claimant worked as a selector / forklift driver. This case involved a specific injury to her right leg / knee. She continued to work which resulted in repetitive and cumulative trauma to the right knee and CRPS.

$630,000.00
Workers’ Compensation

Claimant worked for a transport company. One day he was forced to get under a trailer and while he was lifting and twisting, the Claimant injured his back and knee, which was left untreated until he retained representation and filed Petitions for Benefits. Unfortunately, the severity or the injury coupled with the delay in treatment caused the Claimant to developed CRPS.