What Pedestrians Can Do If a Driver Claims They’re at Fault in Florida

Drivers Often Shift Blame After Pedestrian Accidents

After a pedestrian accident in Florida, it is extremely common for the driver to claim the pedestrian caused the crash. This may happen out of fear, confusion, or an attempt to avoid responsibility. However, a driver’s accusation does not determine fault. Florida law looks at evidence, traffic rules, and each party’s actions leading up to the collision. Pedestrians should understand that being accused does not mean they are legally at fault, and many successful pedestrian injury claims begin with a driver denying responsibility.

Florida Traffic Laws Still Protect Pedestrians

Florida traffic laws place a strong duty of care on drivers, particularly in areas where pedestrians are expected, such as crosswalks, intersections, parking lots, and busy streets. Drivers are required to remain alert, obey speed limits, yield when appropriate, and take reasonable steps to avoid hitting pedestrians. Even if a pedestrian was not in a marked crosswalk, a driver may still be found partially or fully responsible if they were speeding, distracted, impaired, or failed to react appropriately. Florida follows a comparative negligence system, meaning fault can be shared, and a pedestrian may still recover compensation even if they are found partially at fault.

What Pedestrians Should Do Immediately After the Accident

Pedestrians should call 911 immediately after being hit by a vehicle, even if injuries seem minor. Law enforcement documentation is critical, especially when fault is disputed. Request medical assistance at the scene, as pedestrian injuries often involve head trauma, internal injuries, fractures, and spinal damage that may not be obvious right away. If you are physically able, take photos or videos of the scene, including the vehicle involved, license plate, damage, skid marks, traffic signals, crosswalk markings, and surrounding conditions such as lighting or weather.

The Importance of Witnesses and Video Evidence

Independent witnesses can play a major role in pedestrian accident cases where drivers deny fault. If anyone saw the accident or the moments leading up to it, get their names and contact information before they leave. Nearby businesses, traffic cameras, and residential security systems may have captured the incident, but this footage is often deleted quickly. Identifying camera locations early can make the difference between proving what happened and losing critical evidence. Pedestrian accident claims are often strengthened by objective evidence rather than relying solely on the driver’s version of events.

Seek Medical Care and Document Delayed Symptoms

Pedestrian accidents frequently cause delayed symptoms. Pain, dizziness, headaches, numbness, or difficulty walking may appear hours or days later. Seeking prompt and ongoing medical care not only protects your health but also creates a clear record linking your injuries to the accident. Follow all medical recommendations and keep detailed records of diagnoses, imaging, treatment plans, medications, physical therapy, and work restrictions. Gaps in treatment are often used by insurance companies to argue that injuries were not serious or were caused by something else.

Be Careful When Speaking With Insurance Companies

After a pedestrian accident, insurance companies may contact you quickly, especially if the driver claims you were at fault. Adjusters may ask for recorded statements or attempt to get you to admit partial responsibility. It is important to be cautious and avoid speculating about fault or minimizing your injuries. Statements made early, before the full extent of injuries is known, are often used later to challenge claims. Insurance companies are focused on limiting payouts, not protecting pedestrians.

How Comparative Negligence Affects Pedestrian Claims

Florida’s comparative negligence law allows fault to be divided between parties. Even if a pedestrian is found partially responsible, compensation may still be available, reduced by the percentage of fault assigned. For example, if a pedestrian is found 20 percent at fault and the driver 80 percent at fault, the pedestrian may still recover damages. This makes evidence gathering especially important, as even small shifts in fault allocation can significantly affect compensation.

Why Pedestrian Injury Cases Require Careful Legal Strategy

Pedestrian accident cases are often more complex than standard car accidents due to the severity of injuries and the tendency for drivers to blame pedestrians. Marissa Stockwell and the team at Stockwell Law handle pedestrian injury claims with a focus on evidence development, accident reconstruction, and demonstrating how driver behavior contributed to the crash. These cases often involve analyzing traffic laws, visibility, driver speed, reaction time, and environmental conditions to counter fault-shifting tactics.

The Long-Term Impact of Pedestrian Injuries

Pedestrian injuries are frequently life-altering. Broken bones, traumatic brain injuries, spinal damage, and chronic pain can affect mobility, employment, and overall quality of life. Many pedestrians face extended recovery periods, ongoing treatment, and emotional trauma after being struck by a vehicle. Understanding the long-term consequences of these injuries is critical when evaluating compensation and deciding how to proceed with a claim.

Taking Action to Protect Your Rights

If a driver claims you were at fault after a pedestrian accident in Florida, do not assume the claim is true or that you have no options. Taking prompt action, preserving evidence, seeking medical care, and understanding how Florida law applies can make a significant difference. Pedestrians have legal protections, and fault is determined through investigation and evidence, not accusations. Acting quickly helps ensure that responsibility is properly evaluated and that injured pedestrians are not unfairly blamed for accidents caused by driver negligence.

Call Stockwell Law today for a free consultation and get the dedicated representation you need to move forward.