How Long Do Pedestrian Accident Claims Take to Settle?

It is a sad truth. Florida is one of the most dangerous places in the country for pedestrians. Pedestrians who survive accidents with Florida motorists can suffer catastrophic injuries and a lifetime of medical bills.

Fighting to get the money you need for your financial losses is only one aspect of the equation. Waiting for your accident claim to settle is the other half. An experienced Florida pedestrian accident attorney can help you with both.

A knowledgeable Florida pedestrian accident attorney can help you recover the money you need to cover your medical expenses and other compensation you deserve. Every case is unique. However, having an attorney on your side means you know what to expect from the settlement process and how long it will take to get your money.

Why You Need an Attorney to Handle a Pedestrian Accident Claim

Studies indicate that more than 6,500 pedestrians died in traffic accidents while walking. That is almost 18 pedestrians killed per day.

Complicated, time-consuming pedestrian accident claims can result. Pedestrians involved in accidents with careless motorists tend to suffer devastating and life-changing injuries. Catastrophic injuries result in enormous medical expenses today and potentially years later.

Most insurers want to settle as quickly and cheaply as possible. However, a speedy settlement is rarely in your best interest. It is crucial to have a Florida pedestrian accident attorney on your side. An attorney can help calculate the value of your claim, negotiate on your behalf, and draft settlement agreements, taking the stress of the situation off your shoulders so you can focus on recovering from your injuries.

Common Causes of Florida Pedestrian Accidents

Pedestrians are harder to see than vehicles. However, that does not absolve drivers from paying attention to their surroundings to avoid causing an accident. Pedestrians have just as much right as drivers to share Florida roadways.

Although driver error and poor visibility remain top concerns for Florida pedestrians, the most common causes of Florida pedestrian accidents include:

Distracted driving
Drunk driving
Drowsy driving
Reckless driving
Speeding
Failing to yield
Intersection accidents
Unsafe left turns

Mechanical defects and inclement weather can also lead to pedestrian accidents.

Injuries Associated With Pedestrian Accidents

Pedestrians don’t wear helmets. They don’t have airbags or the protection of 3,000 pounds of metal that vehicle occupants have. There is nothing to protect a pedestrian from the violent impact of a large vehicle other than the clothes on their back.

Pedestrian accidents can cause catastrophic injuries, changing a person’s life forever.

Unfortunately, some of the injuries most associated with pedestrian accidents include:

Traumatic brain injury
Paralysis
Other neck and spine injuries
Amputations
Facial injuries
Dental injuries
Broken bones
Soft tissue injuries
Organ damage
Internal bleeding
Road rash

The traumatic nature of pedestrian accidents can also cause mental health concerns like anxiety and post-traumatic stress disorder.

Florida Pedestrian Laws

Pedestrians, cyclists, and motorists share Florida’s roadways. Sharing the roadways with others means everyone needs to understand Florida’s unique traffic laws. Pedestrians are subject to traffic laws and regulations, just like motorists.

Florida law dictates that drivers approaching a pedestrian who is legally crossing the street must yield the right of way. However, pedestrians cannot suddenly leave the curb, sidewalk, or another place of safety and walk into the path of an oncoming vehicle so near them that the vehicle cannot yield. Contrary to popular belief, pedestrians in Florida do not always have the right of way.

Understanding and obeying Florida’s pedestrian laws is step one toward staying safe on local roads.

Filing a Florida Pedestrian Accident Claim

By law, every Florida motorist with a registered vehicle must carry personal injury protection, or PIP. Florida is unique because only a handful of states follow a no-fault car insurance model. Under a no-fault system, when an accident caused by someone else injures a person, that person first turns to their insurance provider for compensation for their injuries, not the at-fault driver’s insurer.

Even as a pedestrian, you can file a compensation claim with your insurance provider to recover your PIP benefits if a careless motorist hits you. If you do not own a car and carry no PIP insurance, you may turn to the at-fault driver’s insurance company for compensation.

Most PIP plans in Florida cover 80 percent of reasonable medical expenses and 60 percent of lost income up to the policy limits. Many plans also include a minimum of $10,000 in bodily injury liability insurance. However, some drivers opt for more coverage depending on their needs.

Unfortunately, pedestrian injuries are often catastrophic. Your medical expenses may quickly eclipse a policy’s $10,000 in coverage, leaving you responsible for your remaining medical bills. In that case, you and your attorney may need to explore other options for recovering the money you deserve.

Can You Sue After a Pedestrian Accident?

Sometimes, it may be necessary to file a personal injury lawsuit to recover the compensation you need to cover your financial losses and medical expenses. Under certain conditions, you can sue a careless motorist following a pedestrian accident.

Discuss your unique situation with a skilled Florida pedestrian accident attorney. An attorney can carefully review the circumstances of the accident and outline your legal options for recovering valuable compensation for your injuries.

The most common question pedestrian accident victims ask is, “When can I get my money?” Unfortunately, the answer is complex. The claim process takes time. The more complicated the accident, the more time it may take to complete the claim. Traffic accident injury claims can typically take three to nine months to resolve.

Depending on the circumstances of the accident and the severity of your injuries, an insurer may conduct an investigation, request medical documentation of your injuries, and collect statements from those involved. Additionally, there may be some back-and-forth negotiations between your attorney and the insurer to reach an appropriate settlement amount.

In cases where an insurer won’t negotiate in good faith or the circumstances warrant a personal injury lawsuit, it can take longer to settle your case. The legal process can be extensive and take months, perhaps even years, to resolve, depending on the complexity of the legal case. The insurer or at-fault party will often attempt to settle out of court so that a case could resolve within several months. If your case goes to trial, receiving compensation may take months or years.

There is no set time for a case to conclude. However, an experienced Florida pedestrian accident attorney can help manage your expectations by constantly communicating with you about your claim or case status. You always know where you stand and have the support to get through the process with as little stress as possible.

Compensation Available for Pedestrian Accidents

Has a careless motorist hit you? You deserve compensation for your injuries. However, determining the value of that compensation can be challenging without help. The circumstances of the accident and the severity of your injuries can play significant roles in calculating the compensation you can recover from a claim or personal injury lawsuit.

While the value of your claim may vary, most pedestrians involved in collisions with careless motorists can recover money for:

Medical expenses
Lost income
Loss of future income
Property damage
Emotional distress
Pain and suffering

A seasoned Florida pedestrian accident lawyer can help you assess the value of your claim and give you a timetable for when you can recover the money you need.

Statute of Limitations on Pedestrian Accident Lawsuits

Accepting an insurance settlement for your injuries may not always be in your best interest. Sometimes the best way to recover the compensation you need is to file a personal injury lawsuit. Previously, Florida law gave accident victims four years from the crash date to file a lawsuit against an insurer or at-fault driver. However, times have changed, and so have Florida statutes.

In 2023, Florida made monumental legislative changes to its established negligence liability system. One of the changes to the existing negligence liability model was to shorten the state’s statute of limitations, giving individuals only two years to file a personal injury lawsuit.

The recent changes may also affect the overall value of an individual’s compensation as Florida shifts to a new negligence-based model that can diminish a person’s compensation depending on their level of fault for causing a pedestrian accident.

Navigating the changes to Florida’s liability system will present huge challenges. Missing the new deadline to file a lawsuit may limit your options for recovering the compensation you deserve. You need a lawyer now more than ever.

If a significant pedestrian accident causes your injuries, discuss your situation with an experienced Florida pedestrian accident attorney as soon as possible.

Steps to Take After a Pedestrian Accident

Florida drivers know what to do following a significant crash. What about Florida pedestrian accident victims? In the beginning, the procedure is mostly the same. You should call the authorities and exchange information with the driver that hit you.

Your actions following a pedestrian accident can significantly affect your compensation claim.

To build a compelling claim, consider taking these extra steps in the days and weeks after a collision.

Seek medical attention immediately. Do not wait to seek medical attention for your injuries. Pedestrian accidents can cause life-threatening injuries, and you need to seek help from a medical professional as soon as possible. Getting timely medical care can save your life. Additionally, your medical records may be vital to a compensation claim.
Contact an attorney. Pedestrian accidents can cause devastating injuries. The more significant the injury, the more expensive the medical care. Insurance companies want to give you as little money as possible. Fighting with an insurer over the compensation you need can be stressful and overwhelming. Contact an experienced Florida pedestrian accident attorney to recover the money you deserve.
Keep all bills and receipts. An attorney can help you assess the value of your claim more accurately if you keep all medical bills and receipts for out-of-pocket expenses related to the crash. Keep pay stubs and records of time missed from work, too.
Stay off social media. It’s natural to want to share your experience with family and friends online. However, do not post photographs online or discuss the accident on social media platforms. It is better to stay off social media until your attorney can settle your claim. Insurance adjusters and opposing attorneys can use your words to discredit your claim.

How to Protect Yourself as a Pedestrian

You can’t always stop an accident from happening when a careless motorist causes it. However, there are basic steps you can take to help protect yourself.

If you plan to hit the road on your own two feet, consider taking some precautions.

Follow the rules of the road.
Use sidewalks when available.
Walk facing traffic.
Wear bright colors or reflectors when walking at night.
Always cross streets at designated intersections when possible.
Use caution when entering or exiting driveways or walking through parking lots.
Stay alert.
Avoid distracted walking.
Make eye contact with the driver to make sure they see you.

Numbers from the National Highway Traffic Safety Administration and the National Safety Council suggest that some areas are more dangerous to pedestrians than others. Use extreme caution where most fatal pedestrian accidents happen, like urban areas and outside designated intersections. It is also vital to stay visible. Nearly 76 percent of fatal pedestrian accidents occur in the dark, with another 4 percent occurring during dusk and dawn.

How a Florida Lawyer Can Help You After a Pedestrian Accident

How do you pick up the pieces following a devastating pedestrian accident? Coping with the recovery process is challenging enough without having to worry about paperwork, bills, and calls from insurance adjusters.

Don’t live with the stress. Hand it off to an experienced Florida personal injury attorney. A skilled attorney can help you by taking the burden of filing a claim or lawsuit off your shoulders.

An attorney can also:

Review your legal options for recovering compensation
Thoroughly investigate the cause of the pedestrian accident
Identify all liable parties
Gather valuable evidence before building a solid case
Negotiate on your behalf for maximum compensation
Manage legal deadlines
Prepare a case for court when necessary