Pedestrian Accident Lawyer in Florida
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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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 experience on both sides of injury cases. Before representing injured clients, our founding attorneys worked for insurance companies and defense firms.
That background gives us an advantage in pedestrian cases. We understand how insurers evaluate claims, challenge witnesses, and try to reduce payouts.
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
- Identification of every available source of insurance, including PIP, BI liability, UM/UIM, employer policies, umbrella coverage, and any commercial coverage
- 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, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. After graduating law school, he spent 3 years working at one of the top civil litigation law firms in the country. As a former attorney who represented and defended some of the largest insurance companies in the state, Alex Lopez, Esq., was able to gain inside knowledge as to the ins and outs of litigating insurance claims. He now dedicates a 100 percent of his practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Irina Tarnovsky, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. She gained extensive trial experience as an Assistant State Attorney at the Broward County State Attorney’s Office prosecuting crimes from Misdemeanors to violent Felonies with over 30 cases brought to verdict. As a former attorney who represented and defended major insurance companies and a partner at her last firm, Irina Tarnovsky, Esq. was able to gain inside knowledge as to the ins and outs of litigating insurance claims. She now dedicates a 100 percent of her practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
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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Guiding You Through Every Legal Challenge With Expertise & Care
Florida Insurance Claims & Litigation Attorneys
- Property Insurance Claims
- Personal Injury
- Medical Malpractice
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.