If you were hit by a car while walking in Sarasota or anywhere in Florida, you may be entitled to compensation through a personal injury claim. Filing a pedestrian accident claim in Florida involves several critical steps—from reporting the accident and gathering evidence to understanding Florida’s no-fault laws and meeting legal deadlines. Your ability to recover medical expenses, lost wages, and pain and suffering depends on knowing your rights and taking prompt action. Florida law gives injured pedestrians two years to file a lawsuit, but waiting too long can jeopardize your case.
In this blog, we’ll walk you through the steps to take after a pedestrian accident in Sarasota, explain how Florida law impacts your claim, and show why working with an experienced attorney like Dannheisser Injury Law can make all the difference. Keep reading to learn how to protect your legal rights—or contact us today for a free consultation.
Step 1: Get Medical Help and Ensure the Accident Is Reported
Your health is the priority. Call 911 immediately after the collision—even if you don’t think you’re seriously hurt. Many injuries, such as head trauma or internal bleeding, may not show symptoms right away. Emergency medical responders will evaluate your condition and document your injuries, both of which are critical for your claim.
Florida law requires accidents involving injuries to be reported to law enforcement. The resulting crash report will serve as a vital piece of evidence in your personal injury case. If you’re able, collect details such as:
- The driver’s name, insurance information, and license plate number
- Witness contact information
- Photos of the accident scene, vehicle, and your injuries
Step 2: Understand Your Insurance Coverage as a Pedestrian
Florida operates under a no-fault insurance system, which means that your own Personal Injury Protection (PIP) coverage—if you have it—pays for your medical expenses up to policy limits, regardless of who caused the accident. However, many pedestrians do not have PIP unless they own a vehicle with Florida auto insurance.
If you don’t have PIP, the driver’s PIP insurance may cover your initial expenses. If your injuries meet Florida’s serious injury threshold, which includes permanent injury, significant disfigurement, or death, you may then pursue a claim directly against the at-fault driver for additional compensation outside of the no-fault system.
Step 3: Be Aware of Florida’s Comparative Negligence Law
In Florida, modified comparative negligence applies to pedestrian injury claims. This means that if you are found partially responsible for the accident—such as jaywalking or being distracted while crossing the street—your compensation may be reduced by your percentage of fault. Importantly, under Florida’s updated law (effective March 2023), if you are found to be more than 50% at fault, you cannot recover damages at all.
Step 4: Know the Statute of Limitations for Filing a Claim
Under Florida law, the statute of limitations to file a pedestrian accident lawsuit is two years from the date of the accident. This time limit was shortened in 2023 under Florida tort reform legislation. If you fail to file your personal injury lawsuit within this period, your right to pursue compensation will likely be barred entirely—even if you have a strong case.
This is why it’s critical to act quickly. Consulting with a qualified Sarasota pedestrian accident attorney as soon as possible can ensure all deadlines are met and vital evidence is preserved.
Step 5: File a Personal Injury Claim or Lawsuit
Once you’ve received medical care and collected documentation, you can move forward with filing your injury claim. This process typically involves:
- Submitting a claim with the driver’s insurance company
- Presenting evidence of liability and damages
- Attempting to negotiate a fair settlement
- Filing a lawsuit if a settlement cannot be reached
Florida personal injury claims may seek compensation for:
- Medical expenses (current and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Wrongful death (in fatal cases)
Step 6: Hire an Experienced Sarasota Pedestrian Accident Lawyer
Going up against an insurance company on your own is never easy—and often results in a lowball offer or denied claim. An experienced attorney can:
- Investigate the accident thoroughly
- Obtain surveillance footage or black box data
- Retain accident reconstruction experts
- Compile detailed medical records
- Negotiate or litigate on your behalf for maximum compensation
At Dannheisser Injury Law, we’ve built our reputation on holding negligent drivers accountable and helping injured pedestrians in Sarasota and throughout Southwest Florida get the justice they deserve.
Final Thoughts: You Don’t Have to Navigate This Alone
After a pedestrian accident, it may be tempting to try and handle the claim yourself—what’s known as going pro se. And while that may seem like a way to save money, the reality is that insurance companies are not on your side and have decades of experience behind not paying claims. They have adjusters and attorneys trained to minimize what they pay, and without skilled legal representation, your chances of recovering full and fair compensation are significantly lower.
Pedestrian accident claims often involve complex issues like determining fault, proving the extent of injuries, and negotiating against powerful insurance companies. When you’re already dealing with physical pain and emotional stress, the legal process can become overwhelming.
That’s where we come in.
At Dannheisser Injury Law, we bring decades of trial experience, investigative resources, and expert relationships to every case. We know what evidence makes a difference in pedestrian injury claims, how to counter insurance company tactics, and how to present your story in a way that resonates with juries and adjusters alike.
Best of all, we work on a contingency fee basis—meaning you pay nothing upfront and we only get paid if we recover money for you. There are no hourly fees, no hidden costs, and no financial risk to you. This ensures that every injured pedestrian, regardless of financial situation, has access to top-tier legal representation.
If you’re feeling overwhelmed or unsure of what steps to take next, you’re not alone—and you don’t have to figure it out on your own.
Contact Us Today
If you or someone you love has been injured in a pedestrian accident in Sarasota or surrounding areas, don’t wait to get help. Call our office at 941-365-7600, complete our online contact form, or chat live with us on our website.
Let us help you take the first step toward recovery and justice.
