Legally reviewed by Dean Levy, Florida personal injury attorney (Florida Bar No. 1012164). Last updated August 14, 2026.
If you were hit by a car while walking in Florida, personal injury protection pays your first medical bills even though you were not driving. Coverage comes through your own auto policy, a household relative’s policy, or the striking vehicle’s insurer. The same 14-day treatment deadline applies to pedestrians.
Key takeaways
- PIP covers pedestrians struck by cars, even pedestrians who own no vehicle.
- The 14-day medical treatment deadline applies to injured pedestrians too.
- Florida drivers must exercise due care to avoid colliding with pedestrians.
- Crossing outside a crosswalk does not automatically destroy a claim.
- Pedestrian injury lawsuits carry Florida’s standard two-year filing deadline.
Who pays the medical bills for a pedestrian hit by a car in Florida?
Personal injury protection does, in a specific order. Florida Statutes § 627.736 extends PIP to people struck by an insured vehicle while on foot, so an injured pedestrian claims first through their own auto policy if they own a car, then through a policy belonging to a relative in their household, and finally through the striking vehicle’s insurer if neither exists.
The benefits mirror what drivers get. PIP pays 80 percent of medical bills and 60 percent of lost wages, up to $10,000, and the cap drops to $2,500 unless a qualified provider certifies an emergency medical condition.
The trap mirrors it too. PIP requires initial medical care within 14 days of the crash, a rule covered in our full guide to Florida’s 14-day rule, and pedestrians lose benefits to that window constantly because nobody tells them it applies to people who were walking.
Is the driver automatically at fault when a pedestrian is hit?
No, though drivers carry a heavy duty. Florida Statutes § 316.130 requires drivers to stop or yield for pedestrians in crosswalks and, in subsection (15), to exercise due care to avoid colliding with any pedestrian on the roadway, whoever had the right of way.
Pedestrians have duties in the same statute. A person crossing outside a marked or unmarked crosswalk must yield to vehicles, must not step suddenly from a curb into a car’s path, and should use sidewalks where they exist.
Fault comes down to the specific facts: speed, lighting, visibility, signals, and what each person could see and do in the moment. The crash report is a starting point, not the final word.
Does crossing outside a crosswalk ruin a pedestrian injury claim?
No. Florida applies modified comparative negligence, which reduces a recovery by the injured person’s percentage of fault and bars it only when that share passes 50 percent. A pedestrian found 30 percent at fault for crossing mid-block still recovers 70 percent of their damages.
The driver’s due-care duty survives the jaywalking argument. Even where a pedestrian yielded improperly, a driver who was speeding, distracted, or slow to react carries their share of the blame, and in serious cases that share is usually the larger one.
Insurers push the jaywalking angle hard precisely because it works on unrepresented people. The percentage assigned is negotiable and fact-driven, never automatic.
When can an injured pedestrian claim pain and suffering?
When the injury clears Florida’s threshold. For claims against an insured driver, Florida Statutes § 627.737(2) limits pain and suffering to injuries involving a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring, or death.
Pedestrian injuries clear that bar more often than most, for a grim reason: an unprotected body against a moving vehicle tends to produce fractures, head trauma, and other lasting harm. Economic losses beyond PIP can be claimed either way. The table below shows where the money comes from.
| Payment source | What it covers | How a pedestrian qualifies |
|---|---|---|
| Personal injury protection (PIP) | 80% of medical bills and 60% of lost wages, up to $10,000 | Own policy, a household relative’s policy, or the striking vehicle’s policy |
| Driver’s bodily injury coverage | Full damages, including pain and suffering for qualifying injuries | The driver was at fault and bought this optional coverage |
| Uninsured motorist (UM) coverage | Stands in for an uninsured, underinsured, or unidentified driver | Purchased on the pedestrian’s own or a household policy |
| Health insurance | Continuing treatment under normal plan terms | After PIP benefits are exhausted |
How dangerous is walking in Broward County, and what should victims do?
Broward County recorded more than 1,200 pedestrian crashes in 2025, with roughly 50 of them fatal, according to preliminary data from the FLHSMV Crash Dashboard. Statewide, more than 600 pedestrians died, roughly one in five of Florida’s traffic deaths, and pedestrian crashes rose in 2025 even as overall crashes fell.
The first steps protect both health and the claim. Get examined within 14 days to preserve PIP, request the crash report, which can take up to 10 days to become available, and keep the clothing and shoes from the crash unwashed, since they are physical evidence of the impact.
Decline recorded statements to the driver’s insurer until you have advice. Many of these crashes cluster on the county’s wide arterial corridors, several of which appear in our review of the most dangerous intersections in Fort Lauderdale.
A Fort Lauderdale pedestrian accident lawyer can evaluate fault and every layer of coverage in a free consultation, and the two-year deadline in Florida Statutes § 95.11(5)(a) makes early review cheap insurance.
Frequently asked questions
Can I get PIP benefits if I don’t own a car?
Yes, in most cases. A pedestrian who owns no vehicle claims PIP through a policy belonging to a relative in their household, and if no household policy exists, through the insurer of the vehicle that struck them. The benefits are the same either way: 80 percent of medical bills and 60 percent of lost wages, up to $10,000, with the 14-day treatment rule attached.
What if the driver who hit me fled the scene?
Report it to law enforcement immediately, because the crash report anchors everything that follows. Hit-and-run drivers are identified more often than people expect, through cameras, debris, and witness accounts. If the driver is never found, uninsured motorist coverage on your own policy or a household member’s policy can stand in for the missing driver, which is exactly the situation UM was designed for.
Do I need to see a doctor within 14 days if I was walking?
Yes. The 14-day rule in Florida Statutes § 627.736 is a condition of PIP benefits, and it applies to pedestrians claiming PIP the same way it applies to drivers. Missing the window generally forfeits PIP medical benefits entirely. Fast treatment also documents injuries while they are fresh, which strengthens the fault-based claim that usually follows a serious pedestrian crash.
I was outside the crosswalk. Do I still have a case?
Possibly, yes. Crossing outside a crosswalk gives the insurer a comparative fault argument, not an automatic win. Florida reduces a recovery by the injured person’s percentage of fault and bars it only above 50 percent, and drivers keep their duty of due care toward every pedestrian. The percentages get argued case by case, which is exactly where legal help earns its keep.
How long do I have to file a pedestrian injury lawsuit in Florida?
Two years from the crash date in most cases, under Florida Statutes § 95.11(5)(a). Crashes before March 24, 2023 kept the older four-year deadline. Fatal pedestrian crashes follow the separate two-year wrongful death clock, which runs from the date of death, so families should have the dates checked early rather than assumed.
Should I talk to the driver’s insurance company after being hit?
Not before getting advice. Nothing requires a pedestrian to give a recorded statement to the driver’s insurer, and adjusters use those statements to build the comparative fault argument that shrinks claims. Report the crash, get treated, and let the facts come from the crash report and medical records rather than from an unprepared phone call.
Talk to a Fort Lauderdale pedestrian accident attorney after a Broward crash
Dean Levy Injury Law represents injured pedestrians across Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, and Lighthouse Point. Dean Levy has practiced Florida personal injury law since his admission to the Florida Bar in 2018, and every case starts with a free consultation on a contingency fee basis. Call (888) 613-3326 or visit the office at 955 South Federal Hwy, Suite 416, Fort Lauderdale, FL 33316.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship with Dean Levy Injury Law. Fault and coverage always depend on the facts of a specific crash. Consult a licensed Florida attorney about your situation before making any decision based on this information.
