Pedestrian Accident

When a driver strikes a pedestrian, the consequences are almost never minor. Pedestrians have no steel frame surrounding them, no airbags, no seat belt. Every impact between a vehicle and a person on foot carries the potential for life-altering injury.

At Lucas, Macyszyn & Dyer, Injury Lawyers, we represent pedestrian accident victims throughout West Central Florida. Insurance companies routinely minimize these claims and shift blame onto the pedestrian. We know how to push back, and we fight hard to recover the full compensation our clients deserve.

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Common Causes of Pedestrian Accidents

Most pedestrian accidents are caused by driver error, not pedestrian behavior. Common causes include:

Failure to yield at crosswalks: Drivers are required to yield to pedestrians in marked and unmarked crosswalks. Many pedestrian accidents occur when a driver fails to look before turning or blows through a crosswalk without stopping.
Distracted driving: A driver looking at their phone, adjusting the radio, or simply not paying attention can fail to see a pedestrian until it is too late. Even a brief distraction at low speed can result in serious injury.
Speeding: Higher speeds mean less time to react and greater force on impact. Pedestrians struck by vehicles traveling above the speed limit face dramatically higher risk of catastrophic or fatal injury.
Impaired driving: Alcohol and drug impairment impair a driver’s judgment, reaction time, and ability to track movement. Impaired drivers frequently fail to see pedestrians in crosswalks, at intersections, and along roadsides.
Failure to see pedestrians in low light: Dawn, dusk, and nighttime conditions reduce visibility. Drivers who fail to adjust their speed or attentiveness in low-light conditions put pedestrians at serious risk.
Backing vehicles: Parking lot accidents involving reversing vehicles are a significant source of pedestrian injuries, particularly for children and older adults.

Injuries Common in Pedestrian Accidents

Pedestrian accident injuries are frequently severe because there is nothing to absorb the impact except the person’s body. Common injuries include:

Traumatic brain injuries: The force of impact or contact with the ground can cause the brain to shift inside the skull. TBIs range from concussions to severe injuries with permanent effects on memory, communication, movement, and cognitive function.
Spinal cord injuries: Impact with a vehicle and subsequent contact with the road can damage the spinal cord, resulting in partial or complete paralysis, loss of sensation, and permanent disability.
Fractures: The legs, arms, ribs, and hips are especially vulnerable in pedestrian accidents. Compound fractures and injuries requiring surgical repair are common, particularly in high-speed collisions.
Internal injuries: The force of a vehicle impact can cause internal bleeding and damage to organs. These injuries are not always immediately visible and can become life-threatening without prompt treatment.
Soft tissue and road rash injuries: Ligament and muscle damage, along with skin abrasions from contact with the road, are common. These injuries carry significant infection risk and can require extended rehabilitation.

How Liability Is Established in a Pedestrian Accident

Liability in a pedestrian accident typically falls on the driver when they were negligent or violated traffic laws. Drivers owe pedestrians a heightened duty of care, especially at crosswalks and intersections, where pedestrians have the right of way.

To recover compensation, your attorney must establish four things:

The driver owed you a duty of care
The driver breached that duty through negligent or unlawful conduct
That breach directly caused the accident and your injuries
You suffered compensable damages as a result

Insurance companies frequently attempt to shift blame onto the pedestrian, arguing the victim was jaywalking, not paying attention, or wearing dark clothing. These arguments are often overstated. Florida follows a comparative negligence framework, meaning you may still recover compensation even if you were partially at fault, though your recovery may be reduced. An attorney can counter these tactics and make the strongest possible case on your behalf.

What to Do After a Pedestrian Accident

If you are physically able to do so after a pedestrian accident, the steps you take in the immediate aftermath can significantly affect your claim:

Seek medical attention immediately, even if you feel okay. Symptoms of serious injuries including TBIs and internal bleeding may not appear right away.
Make sure police file an accident report. This creates an official record of the incident.
Get the driver’s name, address, and insurance information.
Note the time, location, road conditions, and any other relevant details.
Photograph the scene, your injuries, and any vehicle damage if possible.
Do not give a recorded statement to the insurance company before speaking with an attorney.
Contact a pedestrian accident lawyer as soon as possible to protect your rights.

Compensation Available After a Pedestrian Accident

If a negligent driver caused your pedestrian accident, you have the right to pursue compensation for both the financial costs and the personal impacts of your injuries. Recoverable damages include:

All past and future medical expenses related to your injuries
Lost wages from time missed at work
Loss of earning capacity if your injuries prevent you from returning to your previous work
Physical pain and suffering
Emotional distress
Loss of the enjoyment of life for activities you can no longer participate in
In fatal pedestrian accidents, wrongful death damages for surviving family members

Why Choose LMD Injury Lawyers?

Pedestrian accident victims need attorneys who understand how to counter insurance company tactics and fight for full compensation. When you work with LMD, you get:

A dedicated attorney personally handling your case from start to finish, not a call center or an assistant overseas
Over 100 years of combined personal injury experience across our legal team
More than $100 million recovered for clients across West Central Florida
A firm with a strong litigation record, because insurance companies respond differently when they know you are prepared to go to trial
Offices in Spring Hill, New Port Richey, Wesley Chapel, Tarpon Springs, and Inverness, close to the communities we serve
A free case evaluation with no obligation and no upfront cost
Contingency-based representation, meaning you pay nothing unless we recover compensation for you

Talk to a West Central Florida Pedestrian Accident Lawyer Today

If you were struck by a vehicle while on foot, do not let the insurance company minimize what happened to you. Contact Lucas, Macyszyn & Dyer, Injury Lawyers today for your free case evaluation. We serve clients throughout West Central Florida and we are ready to fight for you.

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