Legally Reviewed by Michael Damaso on August 28, 2026
Every year, thousands of pedestrians are struck by vehicles in Florida. The injuries that result, broken bones, traumatic brain injuries, spinal damage, can be catastrophic and permanent. When a driver’s negligence caused your injury, you have the right to hold them accountable for the harm they caused.
At Wooten, Kimbrough, Damaso, and Dennis, P.A., our Orlando personal injury attorneys have been representing injured pedestrians for more than 60 years. We handle pedestrian accident cases on a contingency fee basis, you pay nothing unless we recover compensation for you. Our partners are board certified by the Florida Bar in civil trial litigation. If you were hit by a car, we can help you understand your rights and what your claim may be worth.
âš Time-Sensitive, Florida Law Limits Your Window to File
Struck by a vehicle in Orlando? Florida law gives you 2 years from the date of the accident to file a claim. The clock is running.
Over 60 years of experience. Hundreds of millions recovered for injured Floridians. Board-certified trial attorneys. No fees unless we recover compensation for you.
Florida’s Pedestrian Accident Problem
Florida consistently ranks as one of the most dangerous states in the country for pedestrians. According to the National Highway Traffic Safety Administration, Florida recorded 598 pedestrian fatalities in 2023, more than any other state in the nation. Orlando and Orange County contribute significantly to this toll, with high traffic volumes, year-round outdoor activity, and dense pedestrian corridors creating frequent collision scenarios.
Pedestrian accidents in Orlando occur in diverse settings: downtown business districts, shopping areas along International Drive, residential neighborhoods where drivers exceed speed limits, and intersections where drivers fail to yield or run red lights. Tourist pedestrians unfamiliar with local traffic patterns add to the risk. When a driver strikes a pedestrian, the physics alone, no frame, no airbags, no crumple zones, often result in severe injury.
Common Causes of Pedestrian Accidents in Orlando
Most pedestrian accidents we handle trace back to a single cause: driver negligence. The most frequently documented causes include:
- Failure to yield at crosswalks or yield to pedestrians with the right of way
- Distracted driving, including phone use, text messaging, and GPS adjustment
- Speeding through residential areas, school zones, or pedestrian-heavy corridors
- Running red lights or stop signs, striking pedestrians in the intersection
- Impaired or intoxicated driving that reduces reaction time and judgment
- Making left or right turns without checking for pedestrians in the crosswalk
- Driving in bike lanes or on sidewalks, striking pedestrians who believed they were in a safe area
When one of these behaviors causes a crash, the driver is held responsible. In some cases, for example, a delivery driver working for a company, the employer may also share liability. Our attorneys identify all responsible parties so you recover full compensation.
What to Do After Being Hit by a Car
If you are struck by a vehicle and able to move safely, take these steps immediately to protect your health and your legal claim:
Get medical attention first. Even if you feel okay, seek emergency evaluation. Traumatic brain injuries, internal injuries, and spinal damage may not produce obvious symptoms right away. Delaying treatment worsens your condition and weakens your legal claim.
Call law enforcement and obtain a police report number. Document the other driver’s name, contact information, vehicle description, and insurance information. Photograph the accident scene, the vehicle damage, the road conditions, and any visible injuries you sustained. Gather contact information from any eyewitnesses. Do not apologize, discuss fault, or provide a recorded statement to the other driver’s insurance company before speaking with an attorney, insurers routinely use these statements to reduce or deny claims.
Injuries Pedestrians Commonly Sustain
Because pedestrians have no protection, vehicle collisions frequently result in catastrophic injuries. Traumatic brain injuries are among the most common, ranging from concussions to severe permanent brain damage that affects cognition, personality, and physical function. Spinal cord injuries may result in partial or complete paralysis. Fractured bones, torn ligaments, severe lacerations requiring surgery, and internal injuries are also frequent outcomes.
Recovery from serious pedestrian injuries often requires multiple surgeries, months or years of rehabilitation, ongoing pain management, and permanent modifications to daily life. The financial burden, medical bills, lost wages, long-term care costs, compounds the physical and emotional toll.
How We Prove a Driver Was Negligent
A pedestrian accident claim rests on proving four elements: the driver owed you a legal duty of care, the driver breached that duty, the breach directly caused your injuries, and you suffered actual damages. Our attorneys build this proof through police reports, surveillance video, photos of the accident scene and your injuries, medical records, eyewitness testimony, and expert analysis.
In many cases, the driver’s own statements or traffic violations provide powerful evidence of negligence. A driver who was ticketed for running a red light, for example, has admitted the violation that caused the crash. We use traffic data, accident reconstruction analysis, and medical expert testimony to establish the full scope of damages, not just past medical bills, but future treatment, lost earning capacity, pain and suffering, and permanent disability.
Compensation in a Pedestrian Accident Claim
A successful pedestrian accident claim can result in compensation for past medical expenses, future medical treatment and rehabilitation, lost wages and reduced earning capacity, pain and suffering, permanent scarring or disfigurement, and long-term care costs. In cases where a pedestrian was killed, surviving family members may pursue a wrongful death claim for funeral costs, lost income, and loss of companionship.
Insurance companies typically move quickly to contact injured pedestrians and offer early settlements, often far below what a case is actually worth. Our attorneys evaluate your claim’s true value by working with medical professionals, economic experts, and life care planners to quantify what you will actually need going forward.
Statute of Limitations for Orlando Pedestrian Accident Cases
Florida’s statute of limitations for pedestrian accident claims is two years from the date of the accident. This deadline was reduced from four years in 2023 and is strictly enforced by Florida courts. For wrongful death claims, the two-year window runs from the date of death, not the date of injury.
See Florida Statute § 95.11 for the official source. Missing this deadline permanently bars your claim. Contact our attorneys immediately so we can preserve evidence, identify all responsible parties, and build your case while memories are fresh and surveillance footage still exists.
Frequently Asked Questions
Do I have a valid pedestrian accident claim in Orlando?
You may have a valid claim if a driver’s negligence caused your injury. This means the driver failed to exercise reasonable care, by failing to yield, driving while distracted or impaired, speeding, or violating a traffic law. A free consultation with our attorneys can help you evaluate the specific facts of your situation.
What is the deadline to file a pedestrian accident claim in Florida?
Florida’s statute of limitations for pedestrian accident claims is two years from the date of the accident. This deadline was reduced in 2023 and is strictly enforced. Wrongful death claims must be filed within two years of the date of death. Acting quickly preserves surveillance footage, witness accounts, and other critical evidence.
How much does it cost to hire a pedestrian accident attorney in Orlando?
Our firm handles pedestrian accident cases on a contingency fee basis. There is no upfront cost, we only collect a fee if we recover compensation on your behalf. You can speak with our attorneys at no charge about your situation.
Can family members file a claim if a pedestrian was killed?
Yes. When a pedestrian is killed by a vehicle, eligible surviving family members may pursue a wrongful death claim in Florida. The two-year statute of limitations for wrongful death runs from the date of death. Damages may include medical expenses prior to death, funeral and burial costs, lost income, and loss of companionship and guidance.
What if the driver was hit-and-run or uninsured?
Hit-and-run cases require immediate investigation to identify the vehicle and driver. If you carry uninsured motorist coverage on your own auto policy, it may provide recovery if the at-fault driver cannot be identified or located. Our attorneys know how to move quickly in these cases to preserve evidence and maximize your options.
Can I recover compensation if I was partially at fault?
Possibly. Florida follows a modified comparative negligence rule. If you are found 50 percent or less at fault, you may still recover compensation, reduced by your percentage of responsibility. If you are found more than 50 percent at fault, you may be barred from recovery. Insurance companies frequently try to assign unfair blame to injured pedestrians. Our attorneys investigate independently and push back against these tactics.
Contact Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our attorneys have helped the injured across Central Florida for over 60 years and bring the same commitment to every pedestrian accident case we handle. If you or someone in your family was hit by a car in Orlando or the surrounding area, fill out our contact form today to schedule a free consultation with our legal team.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, 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.