Florida Pedestrian Accident Lawyer
Florida Is One of the Most Dangerous States in the Country For Walking
The South Florida corridor running through Palm Beach County, Broward County, and Miami-Dade County sees some of the highest pedestrian fatality rates in the nation. The Smart Growth America “Dangerous by Design” report places the Palm Bay–Melbourne–Titusville metro area at number 12 nationally for pedestrian danger. Pensacola and the Florida Panhandle face their own risks, particularly on the high-speed arterials that connect Escambia County’s residential areas to its beaches and downtown.
Three patterns show up again and again in Florida pedestrian crashes:
- Approximately three out of four pedestrian fatalities happen after dark
- About two-thirds of pedestrian deaths occur in areas without sidewalks
- A majority of fatal crashes happen on roads with posted speed limits of 45 miles per hour or higher
These patterns matter for your case because they directly affect how the insurance company will try to assign blame. A driver’s lawyer will almost always argue that the pedestrian was hard to see, was not in a crosswalk, or stepped into traffic. Your attorney’s job is to look at the road design, the lighting, the driver’s actions, and the physical evidence and tell a different, accurate story.
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How Florida Law Treats Pedestrian Injury Claims
The Driver’s Duty of Care
Florida drivers must stay alert and follow traffic laws. They also must watch for pedestrians in crosswalks and on roadways. A driver who speeds, runs a red light, or drives distracted may be found negligent.
Modified Comparative Negligence
Florida uses modified comparative negligence. A pedestrian can recover damages only if they are 50 percent or less at fault. If the pedestrian is more than 50 percent responsible, recovery is barred. Insurance companies often argue that the pedestrian shares the blame to reduce payment.
Two-Year Statute of Limitations
Most Florida pedestrian injury claims must be filed within two years. The deadline usually starts on the date of the accident. Missing this deadline can end the case completely.
Insurance Coverage in Pedestrian Cases
Personal Injury Protection (PIP) may cover initial medical bills and lost wages. This can apply even when the injured person was walking. After that, other insurance may provide additional compensation.
What a Pedestrian Accident Claim Can Recover
Florida law allows injured pedestrians and their families to recover both economic and non-economic damages. Depending on your case, that may include:
- Past and future medical bills, including emergency care, surgery, hospitalization, rehabilitation, and home care
- Lost wages and reduced future earning capacity
- Pain and physical suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Loss of consortium for spouses and family members
- In wrongful death cases, the survivors’ losses under the Florida Wrongful Death Act include lost support, services, and companionship
In rare cases involving especially egregious conduct, such as a drunk driver with a long history or an intentional hit and run, punitive damages may also be available.
What to Do After a Pedestrian Accident in Florida
The first hours and days after a pedestrian crash often determine the value of the case. If you are physically able, or if you are helping a loved one who was hit:
- Get immediate medical care, even if you think the injuries are minor. Adrenaline masks symptoms, and a delayed medical record gives the insurance company a reason to question causation.
- Make sure law enforcement responds and writes a crash report. Pedestrian crashes are sometimes downgraded by responding officers, especially when the pedestrian is unable to give a statement at the scene. The report can be amended later.
- If you can, photograph the scene, the vehicle, the lighting, the crosswalk markings, and your visible injuries.
- Get the names and phone numbers of any witnesses before they leave.
- Do not give a recorded statement to the at-fault driver’s insurance company. They are not on your side, even when they sound friendly.
- Call a pedestrian accident lawyer before the insurance adjuster calls back. Early evidence preservation, surveillance footage requests, and scene investigation can make or break a case.
How Tarnovsky-Lopez Builds Pedestrian Cases
Our approach is shaped by where our attorneys came from. Both founding partners spent years on the defense side, representing the same kinds of insurance carriers that now sit across the table from our clients.
A typical pedestrian case in our office moves through several stages:
- Immediate evidence preservation, including spoliation letters to the at-fault driver, requests for nearby surveillance footage from gas stations and businesses, and downloads of any vehicle event data recorders
- A full investigation of the roadway, including signal timing, crosswalk visibility, lighting, and prior incidents at the same location
- Coordination with treating physicians and, where needed, retention of life-care planners, economists, and accident reconstruction experts
- A documented demand to the carrier, supported by medical records, lost-wage proof, and expert opinions
- Litigation when the carrier refuses to negotiate fairly, which is increasingly common in Florida after HB 837
We do not work for insurance companies. We work for the people they used to send us to fight.
Our Lawyers Provide Personalized Attention & Powerful Advocacy
Alex Lopez, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq
Partner & Attorney at Law
Harry Kaklamanakis, Esq
Associate Attorney at Law
Alex Lopez, Esq
Partner & Attorney at Law
Alex Lopez is a civil litigator who represents personal injury victims and property damage claimants throughout Florida. Before switching to plaintiff-side work, he spent three years at one of the country's top civil litigation firms, defending major insurance carriers against the same types of claims he now pursues on behalf of his clients. That experience matters. Insurance companies do not evaluate claims in good faith by default. They follow a playbook built to minimize what they pay. Alex spent years inside that process, and he brought everything he learned across the aisle when he made the decision to represent the people on the other side of it. Alex has tried multiple civil cases to verdict and has served as trial counsel for other law firms, bringing his litigation experience to cases beyond his own docket. He handles personal injury matters, including car accidents, motorcycle crashes, slip-and-falls, and related claims, as well as complex property damage disputes for homeowners and businesses across the state. For clients going up against an insurance company, Alex Lopez is not analyzing the opposition. He already knows them.
Irina Tarnovsky, Esq
Partner & Attorney at Law
Irina Tarnovsky is a trial attorney who fights for people seriously injured in car accidents, motorcycle crashes, slip-and-falls, and a wide range of personal injury matters. She also represents clients in complex commercial and residential property damage claims throughout Florida. What sets Irina apart is what she brought into private practice: over 30 cases tried to verdict. That kind of courtroom repetition—real trials, real stakes, real juries is something most attorneys in civil litigation simply do not have. Insurance companies know it. And it changes how they respond when she is on the other side. Irina began her career as an assistant state attorney in Broward County, where four years of daily courtroom appearances sharpened the instincts that define her practice today. She then spent the next chapter of her career on the defense side, representing insurance carriers in the exact types of matters she now pursues for her clients. That experience gave her an inside view of how insurers evaluate claims, construct defenses, and determine what a case is worth. She now uses that knowledge directly on behalf of the people who need it most. For Irina's clients, the result is an attorney who does not just threaten to go to trial. She takes it to trial.
Harry Kaklamanakis, Esq
Associate Attorney at Law
As a dedicated trial lawyer specializing in personal injury and first-party property cases, Harry Kaklamanakis Esq is passionate about advocating for those who have been wronged. His journey to the courtroom is deeply rooted in his heritage as a first-generation American, raised by a Greek father and a Greek-Bahamian mother. Growing up in a family of small business owners, he learned invaluable lessons about the power of hard work, and the importance of unwavering commitment to customer service. Harry’s Greek American heritage instilled in him a fervent sense of purpose and a belief in the principles of fairness and integrity. These values fuel his passion for the law and drive his relentless pursuit of justice for his clients. Harry began his legal career as a Public Defender in Palm Beach County, where he had the privilege of defending the rights of some of the most vulnerable members in his community. This experience reinforced his commitment to justice and deepened his understanding of the critical importance of protecting individual rights. It is also where he began to develop and hone his skills in the courtroom. After his tenure at the public defender’s office, Harry transitioned into civil litigation. For two and a half years, Harry served as lead trial counsel for the largest private property insurance company in Florida. During this time, he gained invaluable insight into the inner workings of the insurance industry, which has proven beneficial when representing his clients. Harry has spent thousands of hours in Florida courtrooms, skillfully advocating for his clients and navigating complex legal landscapes. To date, he holds over 32 jury trial verdicts, with the overwhelming majority favoring his clients. Each case he takes on is approached with the utmost dedication and strategic foresight, ensuring that his clients receive the justice, and compensation, they deserve. Harry’s commitment to excellence and his unwavering belief in doing what is right continue to guide him as he fights for his clients’ interests.
Serving the State of Florida.
See Why Clients Trust Tarnovsky-Lopez Law for
Pedestrian Accident Claims in Florida
Our clients are at the heart of everything we do. Whether helping injury victims or handling complex claims, we take pride in delivering real results. Clients trust our firm for guidance, support, and strong legal representation in serious pedestrian accidents.
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Florida Insurance Claims & Litigation Attorneys
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FAQs About Pedestrian Accident Claims in Florida
I was hit by a car while walking. Do I file a claim against my own auto insurance or the driver’s?
Both, in most cases. Florida’s no-fault PIP coverage usually pays the first portion of medical bills and lost wages even when you are on foot, so long as you have an auto policy or live in a household with one. The at-fault driver’s bodily injury liability coverage and your own uninsured/underinsured motorist coverage are the primary sources of recovery for the rest. We sort out the layers for you.
How long do I have to sue the driver who hit me?
For most negligence-based personal injury lawsuits arising from pedestrian crashes on or after March 24, 2023, the deadline is two years from the date of the accident. Wrongful death claims have a separate two-year deadline. Claims against government entities have shorter pre-suit notice requirements. Talk to a lawyer as soon as you can.
The driver who hit me did not have insurance. Do I have any options?
Often, yes. Your own uninsured motorist (UM) or underinsured motorist (UIM) coverage may apply, even though you were walking. UM/UIM follows the insured person, not the vehicle. We also investigate every other potential source of recovery, including employer coverage if the driver was on the job and any umbrella policies.
I was hit while crossing mid-block, not in a crosswalk. Can I still recover?
Possibly. Crossing mid-block does not automatically end your case. Florida applies modified comparative negligence, and as long as you are not more than 50 percent at fault, you can still recover, with damages reduced by your share of fault. Drivers still owe a duty to exercise due care to avoid hitting any pedestrian on the roadway, regardless of where the pedestrian is crossing.
My loved one was killed in a hit and run in Boca Raton. What can we do?
Even in a hit and run, you usually have options. Your loved one’s UM/UIM coverage, household auto policies, and Florida’s Crime Victims Compensation program may all apply. Law enforcement and private investigators can often identify the driver through surveillance footage, vehicle parts left at the scene, and tips. We move quickly on these cases because evidence disappears fast.
What does a pedestrian accident lawyer cost?
We work on a contingency fee basis. There are no upfront costs, no hourly billing, and no out-of-pocket fees. Our fee is a percentage of the recovery, and if there is no recovery, you owe nothing. We discuss the exact fee structure and any costs at the free case review.
Talk to a Florida Pedestrian Accident Lawyer Today
If you or someone you love has been hit by a car while walking, the most important thing you can do right now, after getting medical care, is to talk to a lawyer who handles these cases. The driver’s insurance company already has lawyers and adjusters working their side of the file. You should have someone working on yours.
Tarnovsky-Lopez Law serves pedestrian clients throughout Florida, with offices in Boca Raton and Pensacola and a presence in Melbourne. Russian, Spanish, and Greek language services are available.
Call 561-368-2755 or request a free case review. There are no upfront costs, and there is no fee unless we recover for you.