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Florida Pedestrian Accident Claims

A pedestrian struck by a vehicle in Florida can bring a negligence claim, and Florida's no-fault PIP can apply to the injured pedestrian (often through their own auto policy). Drivers must yield to pedestrians lawfully in a crosswalk; pedestrians crossing outside one must yield. Modified comparative negligence and the two-year deadline apply.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Florida attorney promptly — the two-year deadline applies.

A pedestrian hit by a vehicle in Florida can bring a personal injury claim — and there’s a Florida twist involving no-fault insurance.

Right-of-way

Florida’s rules of the road (Fla. Stat. § 316.130) set out who yields:

  • Drivers must yield to a pedestrian crossing lawfully (with the signal) in a crosswalk.
  • Pedestrians crossing outside a crosswalk generally must yield to vehicles.
  • Drivers always owe a general duty of due care to avoid hitting pedestrians.

PIP can apply to pedestrians

Even though you weren’t driving, Florida’s no-fault PIP can apply to a pedestrian struck by a motor vehicle — usually through the pedestrian’s own auto policy (or the striking vehicle’s). Whether and how it applies depends on the policies and household status, so it’s worth checking.

Comparative fault and deadline

Florida’s modified comparative negligence (Fla. Stat. § 768.81) applies — a pedestrian’s own fault reduces recovery, and at more than 50% bars it. The standard two-year deadline (Fla. Stat. § 95.11) applies. To get matched with a local Florida attorney, connect with a lawyer.

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Frequently asked questions

Who has the right of way at a Florida crosswalk?
Drivers must yield to a pedestrian crossing with the signal in a crosswalk; pedestrians crossing outside a crosswalk must yield to vehicles. Drivers always owe a general duty of due care to avoid pedestrians (Fla. Stat. § 316.130).
Can a struck pedestrian get PIP benefits?
Often yes. Florida's no-fault PIP can apply to a pedestrian hit by a motor vehicle, typically through the pedestrian's own auto policy (or the vehicle's). Coverage depends on the policies and household status.
What if the pedestrian was partly at fault?
Recovery is reduced by the pedestrian's share of fault, and at more than 50% at fault they recover nothing, under Florida's modified comparative negligence (Fla. Stat. § 768.81).

Sources

Related guides

  • Florida ATV Accident Claims ATVs are off-highway vehicles that generally can't be driven on public roads in Florida (Fla. Stat. § 316.2074), and operators under 16 must wear a helmet and eye protection. ATVs aren't covered by auto PIP, so injury claims proceed as ordinary negligence under the two-year deadline and modified comparative negligence.
  • Florida Bicycle Accident Claims In Florida, a bicyclist has the rights and duties of a vehicle operator (Fla. Stat. § 316.2065). Crash claims run on negligence and modified comparative fault, and a cyclist's own conduct can reduce or bar recovery. Riders under 16 must wear a helmet. The two-year deadline applies.
  • Florida Car Accident Claims Florida is a no-fault auto state: your own PIP (up to $10,000) pays your medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious-injury threshold (Fla. Stat. § 627.737). A two-year filing deadline and modified comparative negligence (51% bar) apply.
  • Florida Commercial Truck Accident Claims A commercial truck crash in Florida is still a Florida negligence claim — same two-year deadline and modified comparative negligence — but federal FMCSA safety regulations (hours of service, maintenance, driver qualification) layer on top, and there are often multiple defendants: the driver, the motor carrier, and sometimes others.
  • Florida Dog Bite Claims Florida imposes strict liability on dog owners for bites: the owner is liable regardless of the dog's prior viciousness or the owner's knowledge of it (Fla. Stat. § 767.04). The victim's own negligence reduces recovery, and a prominently displayed 'Bad Dog' sign can limit liability — but not against children under 6 or where the owner was negligent.
  • Florida Motorcycle Accident Claims Florida lets riders 21 and older ride without a helmet if they carry at least $10,000 in medical coverage; under-21 riders must wear one (Fla. Stat. § 316.211). Motorcycles are generally not covered by Florida's no-fault PIP, so riders typically pursue the at-fault driver directly. The two-year deadline and modified comparative negligence apply.

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