Florida’s Rising Pedestrian Accidents: Understanding the Risks and Legal Recourse in 2025

Florida, known for its beautiful beaches and vibrant cities, unfortunately, holds a less desirable distinction: it consistently ranks among the most dangerous states for pedestrians in the United States. With a high volume of tourists and residents enjoying the outdoors, the risk of pedestrian accidents remains a significant concern. Recent data indicates a troubling trend: pedestrian accidents are on the rise in Florida, with thousands of injuries and fatalities occurring each year. According to the Florida Department of Highway Safety, recent pedestrian accident data in Florida is as follows: 2021: 9,569 pedestrian-related crashes; 2022: 10,247 pedestrian-related crashes; 2023: 10,306 pedestrian-related crashes; 2024: 10,484 pedestrian-related crashes; 2025 (Year-to-Date): 2,000 pedestrian-related crashes. This blog post aims to shed light on the factors contributing to this alarming trend and outline the legal options available to pedestrians injured in accidents.

Understanding the Alarming Statistics

The statistics paint a clear picture: Florida’s roadways are increasingly hazardous for pedestrians. Several factors contribute to this concerning trend:

High Population Density: Florida’s densely populated urban areas, such as Miami, Orlando, Tampa, and Fort Lauderdale, see a high volume of both vehicle and pedestrian traffic, increasing the likelihood of collisions.
Tourism: The influx of tourists unfamiliar with local traffic patterns and pedestrian walkways can further exacerbate the risk.
Extensive Road Networks: Florida’s vast network of roadways, including high-speed highways, intersects with pedestrian areas, creating potential conflict points.

Common Causes of Pedestrian Accidents

Identifying the primary causes of pedestrian accidents is crucial for prevention and for building strong legal claims. Driver negligence is a significant factor in many of these incidents. Some of the most common causes include:

Distracted Driving: With the pervasive use of smartphones and other electronic devices, distracted driving has become a leading cause of pedestrian accidents. Drivers who are texting, talking on the phone, adjusting their GPS, or engaging in other distractions may fail to see pedestrians crossing the street.
- As of 2025, Florida law prohibits the use of handheld wireless devices while operating a motor vehicle. Drivers are required to use hands-free accessories.
Failure to Yield: Florida law requires drivers to yield the right-of-way to pedestrians in crosswalks. Many accidents occur when drivers fail to do so, especially when turning at intersections.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of pedestrian injuries. Speeding is particularly dangerous in areas with high pedestrian traffic, such as urban areas and school zones.
Driving Under the Influence (DUI): Impaired drivers have slower reflexes and impaired judgment, making them more likely to hit pedestrians.
Poor Visibility: Many pedestrian accidents occur at night or in low-light conditions. Lack of adequate street lighting, poorly marked crosswalks, or obstructed signage can make it harder for drivers to spot pedestrians in time.
Inadequate Infrastructure: Infrastructure issues, such as missing sidewalks or intersections lacking crossing signals, are especially common in older parts of Florida cities and rural areas. These conditions create unsafe environments and can contribute to preventable accidents.
Pedestrian Negligence: While drivers are often at fault, pedestrians can also contribute to accidents. Crossing outside designated crosswalks (jaywalking), ignoring walk signals, or walking while distracted can increase the risk of being struck.

Legal Recourse for Pedestrian Accident Victims

If you or a loved one has been injured in a pedestrian accident in Florida, it’s essential to understand your legal rights and options. You may be entitled to compensation for your injuries, medical expenses, lost wages, pain, and suffering, and other damages.

Florida’s No-Fault Insurance: Florida is a no-fault insurance state, which means that injured pedestrians may first need to file a claim through their own Personal Injury Protection (PIP) insurance, if they have a policy. PIP covers: Up to $10,000 in medical expenses and lost wages, 80 percent of medical bills and 60 percent of lost income. However, if injuries exceed PIP limits, the injured pedestrian may pursue a claim against the at-fault motorist.
Personal Injury Claim: If your injuries are severe or your damages exceed the limits of your PIP coverage, you may be able to file a personal injury claim against the at-fault driver. To succeed in a personal injury claim, you must prove that the driver was negligent and that their negligence caused your injuries.
Comparative Negligence: Florida follows a comparative negligence system, which means that fault can be divided between the driver and the pedestrian. Even if you were partially at fault for the accident, you may still be able to recover compensation, but your award will be reduced by your percentage of fault.
- As of March 24, 2023, Florida follows a modified comparative negligence system. The updated law specifies: If you are found 50% or less at fault, you can still recover damages, reduced by your degree of fault. If you are found more than 50% at fault, you are barred from recovering any damages.
Statute of Limitations: It’s crucial to act quickly after a pedestrian accident, as Florida imposes strict deadlines for filing claims.
- You have two years from the date of the accident to file a lawsuit against the at-fault party.
- Two years for wrongful death claims if a pedestrian is killed in an accident.
Hit-and-Run Accidents: If you are injured in a hit-and-run accident, it’s essential to contact the police immediately. An experienced attorney can help you explore all available options for recovering compensation, including filing a claim with your own insurance company or pursuing a lawsuit against the at-fault driver if they are identified.

Steps to Take After a Pedestrian Accident

Taking the right steps after a pedestrian accident can significantly impact your ability to recover compensation. Here’s what you should do:

Seek Medical Attention: Your health is the top priority. Even if you believe your injuries are minor, it’s essential to get a medical evaluation. Some injuries may not be immediately apparent, and prompt medical treatment can prevent complications.
Call Law Enforcement: Call the police to report the accident. An official accident report will be crucial for documenting the details of the incident and establishing the facts.
Gather Evidence: If possible, take photos of the accident scene, including your injuries, the vehicle involved, and any relevant road conditions. Collect contact information from the driver and any witnesses.
Notify Your Insurance Company: Report the accident to your own insurance company. Provide them with accurate information about the incident, but avoid making any statements that could be interpreted as admitting fault.
Consult with a Personal Injury Attorney: Contact a personal injury attorney experienced in handling pedestrian accident cases. They can provide valuable guidance on how to proceed and ensure your rights are protected.
Preserve Evidence: Keep all records related to the accident, including medical bills, repair estimates, and any correspondence with insurance companies. This documentation will support your claim and help in negotiating compensation.

Choosing the Right Legal Representation

Navigating the legal complexities of a pedestrian accident claim can be challenging. An experienced Florida pedestrian accident attorney can help you:

Investigate the accident and gather evidence to support your claim.
Determine all liable parties.
Negotiate with insurance companies to reach a fair settlement.
File a lawsuit and represent you in court if necessary.
Maximize your compensation for your injuries and damages.

Prevention and Safety Tips

While understanding your legal rights is crucial, preventing pedestrian accidents is paramount. Here are some safety tips for both pedestrians and drivers:

For Pedestrians:

Use Crosswalks: Always cross the street at designated crosswalks and intersections.
Obey Traffic Signals: Pay attention to walk signals and only cross when it is safe to do so.
Be Visible: Wear bright clothing, especially at night, and carry a flashlight or reflective gear.
Stay Alert: Avoid distractions like texting or talking on the phone while walking.
Look Both Ways: Before crossing any street, look left, right, and left again to ensure no vehicles are approaching.

For Drivers:

Avoid Distractions: Put away your phone and focus on the road.
Obey Speed Limits: Drive at a safe speed, especially in areas with high pedestrian traffic.
Yield to Pedestrians: Always yield the right-of-way to pedestrians in crosswalks.
Be Aware of Surroundings: Pay attention to pedestrians, cyclists, and other vulnerable road users.
Drive Sober: Never drive under the influence of alcohol or drugs.

Conclusion

The rising number of pedestrian accidents in Florida is a serious concern that demands attention and action. By understanding the risks, causes, and legal recourse available, pedestrians can protect themselves and seek justice if they are injured in an accident. If you or a loved one has been involved in a pedestrian accident, don’t hesitate to contact an experienced Florida personal injury attorney to discuss your rights and options.