Updated January 2026
Every month, thousands of accidents involving pedestrians struck by motor vehicles are reported. Sadly, incidents of this kind, which often lead to significant injury or death, have become all too common.
If you or a loved one are struck by a motor vehicle—particularly in a crosswalk or intersection—there is a high chance a legal claim could be brought against the driver. However, Florida’s laws have changed significantly in recent years. It is critical to understand your rights under the current statutes.
Pedestrian Rights and Duties
Statutes governing traffic safety consistently mandate that a pedestrian has the legal right of way when crossing in a crosswalk. However, in Florida, pedestrians and drivers have shared duties to respect each other on the road.
Florida Statute 316.003 defines a pedestrian as any person afoot. But merely traveling on foot does not make someone immune to the law. Pedestrians must exercise reasonable care for their own safety. If a pedestrian jaywalks, darts into traffic, or fails to pay attention, they can be found liable for a noncriminal traffic violation just like a careless driver.
The “Greater Than 50%” Rule (Crucial Update)
This is the most important change in recent years.
Under the old laws, you could be 90% at fault for an accident and still recover 10% of your damages. This is no longer true.
Florida now follows a system of Modified Comparative Negligence. Under this new standard:
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If you are 50% or less at fault: Your recovery is reduced by your percentage of fault (e.g., if you are 20% at fault, you recover 80% of the damages).
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If you are more than 50% at fault: You are barred from recovering any damages.
This makes it more vital than ever to have an attorney who can prove the driver was the primary cause of the accident.
Insurance and “Non-Joinder”
If a pedestrian is struck, they will likely bring a claim against the driver. However, you generally cannot sue the driver’s insurance company directly. This is forbidden under Florida’s Non-Joinder Statute (Florida Statute 627.4136). You must sue the at-fault driver or vehicle owner, and their insurance company will handle the defense and payment behind the scenes.
The 2-Year Deadline (Statute of Limitations)
Please note this strict deadline.
Previously, accident victims had four years to file a lawsuit. That window has been cut in half. For general negligence claims in Florida, you now have only two years from the date of the accident to file a lawsuit.
If you fail to file within this two-year window, your claim will likely be dismissed forever, regardless of how severe your injuries are.
What to Do After an Accident
If you or a loved one are injured, whether as a pedestrian or a driver, follow these steps immediately:
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Call the Police: Ensure a report is filed.
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Document the Scene: Take pictures of the vehicle, the intersection, and any visible injuries.
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Get Information: Obtain the driver’s name, insurance information, and license plate number.
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Seek Medical Care: Go to the emergency room or a doctor immediately. Under Florida’s “No-Fault” laws (which remain in effect as of early 2026), your own car insurance PIP (Personal Injury Protection) typically pays the first $10,000 of your medical bills, even if you were a pedestrian.
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Do Not Admit Fault: Anything you say at the scene can be used to argue you were >50% responsible.
Hit and Run
In the unfortunate event a motorist flees the scene, call 911 immediately. This becomes a criminal investigation. Your own Uninsured Motorist (UM) coverage may become your primary source of compensation if the driver is not found or has no insurance.
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Don’t let the 2-year clock run out.
If you or a loved one have been injured, call The Law Offices of Christopher DeBari right away. We understand the new laws and how to protect your rights against aggressive insurance defenses.
Call or Text Chris: (727) 656-7852
Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Laws are subject to change; this article reflects the legal landscape as of January 2026.
