Florida’s bustling tourist attractions, densely populated cities, and year-round outdoor activities create an environment where pedestrian accidents occur with alarming frequency. Each year, thousands of pedestrians suffer injuries while crossing streets, walking through parking lots, or navigating sidewalks throughout the state. These accidents often result in catastrophic consequences due to the human body’s vulnerability when struck by vehicles weighing thousands of pounds, leaving victims facing extensive medical treatments, lost income, and profound life disruptions.
At Wooten, Kimbrough, Damaso & Dennis, our experienced pedestrian accident attorneys have helped countless injured victims navigate Florida’s complex legal system. If you’ve been injured while walking in Florida, understanding the legal process for pursuing compensation can help you protect your rights and focus on recovery while we handle the legal complexities of your case.
Initial Steps After a Pedestrian Accident
Taking the right actions immediately following a pedestrian accident significantly impacts your ability to recover fair compensation. These critical first steps establish the foundation for your legal claim.
Seeking Medical Attention
After being struck by a vehicle, seeking prompt medical care serves two crucial purposes. First and most importantly, it ensures your injuries receive proper treatment, potentially preventing complications or worsening conditions. Second, it creates official medical documentation linking your injuries directly to the accident.
Even if you believe your injuries are minor, some serious conditions may not display immediate symptoms. Internal bleeding, soft tissue injuries, and traumatic brain injuries can develop hours or days after impact. Without proper documentation establishing these injuries resulted from the accident, insurance companies may later argue they stemmed from unrelated causes.
Preserving Evidence
Gathering evidence at the accident scene provides valuable support for your claim. Whenever possible:
- Take photographs of the accident scene, vehicle damage, and your injuries
- Collect contact information from witnesses who saw the accident occur
- Note weather and road conditions that may have contributed to the incident
- Obtain the driver’s insurance and contact information
- File a police report and request a copy for your records
This evidence helps establish liability, contradict the driver’s version of events, and demonstrate the accident’s severity. Our attorneys can help gather additional evidence, including surveillance footage from nearby businesses or traffic cameras, before it disappears.
The Insurance Claim Process
Most pedestrian accident cases begin with insurance claims before potentially proceeding to litigation. Understanding this process helps you avoid common pitfalls that could undermine your case.
Filing Claims With the Appropriate Insurers
Florida’s no-fault insurance system creates unique considerations in pedestrian accidents. If you own a vehicle with Personal Injury Protection (PIP) coverage, that insurance typically provides your first $10,000 in medical and lost wage benefits, regardless of who caused the accident. For pedestrians without auto insurance, the driver’s PIP coverage generally applies.
However, these benefits cover only a portion of damages in serious injury cases. Our attorneys identify all potential insurance sources, including:
The driver’s bodily injury liability coverage Your own uninsured/underinsured motorist coverage Homeowner’s insurance in certain circumstances Commercial policies if the driver was working at the time of the accident
This approach ensures we pursue all available avenues for compensation, particularly important when medical expenses exceed basic PIP coverage.
Negotiating With Insurance Adjusters
Insurance companies train their adjusters to minimize payouts through various tactics. They may request recorded statements hoping you’ll make damaging admissions, offer quick but inadequate settlements before you understand your injuries’ full extent, or question the necessity of your medical treatments.
Having experienced legal representation levels this playing field. Our attorneys handle all communication with insurance companies, ensuring you don’t inadvertently damage your claim. We compile comprehensive documentation of your damages and negotiate from a position of strength, prepared to proceed to litigation if insurers refuse fair settlement offers.
Resolving Your Pedestrian Accident Claim
Most pedestrian accident cases resolve before trial through settlement negotiations or alternative dispute resolution methods. Understanding these resolution options helps set realistic expectations for your case.
Settlement Negotiations
Settlement discussions occur throughout the legal process, from pre-suit negotiations through trial preparation. As evidence develops and trial approaches, settlement positions often shift as both sides reassess their risks.
Our attorneys provide clear guidance about settlement offers, comparing them against your case’s estimated value and the risks of proceeding to trial. While we offer recommendations based on our experience, the final decision to accept or reject settlement offers always remains with you.
Mediation and Alternative Dispute Resolution
Many Florida courts require mediation before allowing cases to proceed to trial. During mediation, a neutral third party helps facilitate settlement discussions between the parties. This structured negotiation process often resolves cases by allowing creative solutions and frank discussions about case strengths and weaknesses.
Even when mediation doesn’t result in immediate settlement, it frequently narrows issues and provides valuable insights that lead to later resolution. Our attorneys prepare thoroughly for mediation, presenting your case’s strongest aspects while managing expectations about potential outcomes.
Contact Our Florida Pedestrian Accident Attorneys Today
Navigating the legal process after a pedestrian accident can feel overwhelming, especially while recovering from serious injuries. The experienced attorneys at Wooten, Kimbrough, Damaso & Dennis provide comprehensive legal representation throughout every phase of your case, from initial investigation through final resolution.
Our firm has built a reputation for excellence in personal injury representation throughout Florida, with decades of combined experience and a track record of successful outcomes for pedestrian accident victims. We understand the devastating impact these accidents have on victims and their families and fight tirelessly to secure the compensation you deserve. Contact us today at (407) 843-7060 or through our contact form to schedule a free consultation about your pedestrian accident case.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.