Who Pays For Pedestrian Damages In An Auto Accident In Parrish?

Over 9,500 pedestrian crashes occurred in Florida in 2021, of these 7,332 resulted in injuries and 831 were fatal. If you are a loved one were involved in an auto accident as a pedestrian, what should you expect?

Florida’s No-Fault Law

Florida is one of the few no-fault states in the United States. This means that in the sunshine state, drivers involved in an accident are expected to cover their own damages and losses with their own insurance. Each motorist is, thus, required by law to carry Personal Injury Protection insurance of at least

A motorist may only file a liability claim against the other driver if their damages exceed their coverage and/or they believe that the other driver is at fault for the accident. In such case, Florida’s Comparative Negligence Law shall be put in effect wherein the court investigates and decides how much of the fault should be assigned to each party. The percentage of fault shall then determine how much they will pay the other driver or the victim.

How About Pedestrians?

You may have noticed that these laws pertain to motorists. If you were a pedestrian, what can you expect?

First, let’s clarify who counts as pedestrian. You are considered a pedestrian if you are walking; standing; sitting down; on a trailer; or riding a bicycle, skateboard, roller blades, or scooter.

If you were involved in an auto accident even if you were not driving a motor vehicle, you can expect these laws also apply to you as a pedestrian as well. In fact, if you look back into your PIP policy, you will find that there is a section there that pertains to coverage for when you are injured in an auto accident as a pedestrian.

If you carry PIP, your insurance will pay for your damages even if you were a pedestrian in the auto accident. As long as you were struck by a motor vehicle, even if you were not inside a motor vehicle yourself, your PIP will still kick in.

However, if you don’t carry PIP, for instance if you do not drive at all, then you will likely not have PIP coverage to help you. Don’t lose hope yet. If you are living with a relative who has PIP coverage, their PIP may cover your damages. This will not apply, however, to a pedestrian who has a license in Florida or owns a vehicle but does not have the legally required PIP coverage.

Another way to get compensation if you were hit by a motor vehicle as a pedestrian is to get the driver’s PIP insurance to cover your damages. If this is the case, you will have to submit an affidavit form to the driver’s PIP provider stating that you have been injured by the driver and you do not own a motor vehicle. The driver’s PIP insurance provider should start the process to provide you the appropriate amount to pay for your medical bills.

Can A Pedestrian Get Compensation From The Driver?

Getting compensation from the driver whose vehicle hit you is, of course, possible. This process may be more strenuous and time-consuming and often involves going to court. For this, you will need to file a lawsuit against the driver claiming that they were at-fault for the auto accident that involved you. For this, the assistance of a skilled auto accident lawyer is a must for they will help you compile evidence and build a strong case. The lawsuit may either end with an out-of-court settlement or go to court wherein a jury shall decide who is at-fault and, given Florida’s pure comparative negligence, how much of the fault is to be attributed to those involved.

Were you involved in an auto accident in Parrish, Florida? Contact us today.

Video FAQ:

Attorney Danny Murphy Serving Manatee County

Daniel Murphy

Daniel Murphy's passionate belief in upholding the Florida justice system by defending the rights of the public against corporate interests, has lead him to become one of Florida's most effective young attorneys. Daniel Murphy carries his enthusiasm for fighting for the rights of the injured outside the courtroom by staying involved in legal and community organizations.



Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


Law Offices Near You

Sarasota Office

Sarasota Personal Injury Law Office


2822 University Parkway Sarasota Florida 34243

Bradenton Office



1215 Manatee Ave West Bradenton Florida 34205

St. Petersburg Office

St. Petersburg


6446 Central Avenue St. Petersburg Florida 33707

Lakewood Ranch Office



9040 Town Center Pkwy, Lakewood Ranch Florida 34202

Venice Office



3986 S. Tamiami Trail Venice Florida 34293

Englewood Office



2960 S. McCall Rd Englewood Florida 34224

Punta Gorda Office

Punta Gorda


122 Nesbit St, Suite 113, Punta Gorda Florida 33950

Port Charlotte Office

Port Charlotte


3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office



10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers


8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office



5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.