Serving all of Florida
Florida Pedestrian Accident Lawyer
I spent nearly two decades defending insurance companies in crash cases. Now I use everything I learned to fight for you.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or by video, anywhere in Florida
Hit by a car as a pedestrian in Florida? Who pays, and can I get paid if I crossed mid-block?
Usually, yes, you can get paid. Drivers must stop and let you cross if you are legally in a crosswalk (§ 316.130). A driver who doesn't can be at fault. Even if you crossed outside a crosswalk, you are not automatically out. Florida uses a shared-fault rule. If you were partly at fault, your payment is cut by your share. If you were more than 50% at fault, you get nothing (§ 768.81).
For medical bills, your own no-fault coverage (PIP) often pays first, even though you were on foot (§ 627.736). So can the PIP of a relative you live with. If you don't have a car policy, the PIP on the car that hit you may pay. Florida also has a 'serious injury' test (§ 627.737). It's a test you must pass before you can claim pain and suffering. Once you pass it, you can go after the driver for everything you lost.
You usually have 2 years to sue (§ 95.11(5)(a)). If the driver had no insurance, or drove off, your own uninsured driver coverage (UM/UIM) may pay. That is part of your own policy that pays when the other driver has no insurance, or not enough.
The facts that matter
- Deadline to file
- 2 years from the crash (§ 95.11(5)(a))
- Crosswalk law
- Drivers must yield to pedestrians in a crosswalk (§ 316.130)
- Fault rule
- You can get paid if you are 50% or less at fault
- What it costs
- Free case review · no fees or costs unless we recover for you
What they do
How insurance companies try to cut what they pay
‘You darted out’
They argue you stepped out suddenly or jaywalked, to shift fault onto you under the 50% bar.
‘No car of your own, no PIP’
They suggest you have no coverage. But PIP often follows you on foot, through your own policy or the policy of a relative you live with.
The quick, low offer
A fast check before you know how badly you're hurt. It's designed to close the file cheaply.
Next steps
What to do next
Call 911 & document
Get police on scene; photograph the location, the vehicle, its plate, and your injuries.
Get treated within 14 days
See a doctor right away. If you're claiming PIP, it must be within 14 days.
Get names & witnesses
Collect the driver's information and contact details for anyone who saw it.
Don't give a recorded statement
Talk to a lawyer before the driver's insurance company takes your statement.
Florida law
The rules that decide your claim
Driver's duty to yield (§ 316.130)
The rules go both ways. A pedestrian can’t step suddenly into traffic. But at a marked or unmarked crosswalk, the car stops for you. A driver who didn’t stop is where the case starts.
PIP follows the person (§ 627.736)
You don’t need to have been in a car. A car policy in your household, yours or a relative’s you live with, is the first place I look for medical benefits. If there is none, the PIP on the car that hit you is the backup.
The 50% bar (§ 768.81)
Mid-block crossings are where insurance companies try to put the blame on you. Every percent of blame they win is taken out of your payment. So how you describe the crossing to the police and to the insurance company's adjuster matters from day one.
2-year deadline (§ 95.11(5)(a))
Florida generally gives you 2 years from the crash to file an injury lawsuit.
Track record
Results from a lawyer who knows the other side
The firm has recovered real money for injured Floridians, including confidential settlements and settlements for the most the policy pays.
Each case is different and past results do not guarantee a similar outcome.See more results →
Client reviews
What clients say
“Simply the best of the best. So honest, and always reachable — he gives you all the advice and all the angles, then uses his knowledge for your best outcome.”
— Eden Alush · Google“Thanks to your expertise and dedication, we were able to reach a positive resolution. Your compassion, dedication, and passion to protect the best interests of your clients make you the best attorney with high ethical standards of justice and honesty.”
— Milena · Google“Galimidi Law is where I would recommend that anyone go if they want a law firm who will fight for the best results. With his experience as an insurance defense attorney, Emanuel is the one lawyer I want fighting for me and my family against big companies.”
— Charles Seybold · Google“It’s a pleasure working with Emanuel, his team and professionalism makes you feel very comfortable and trustworthy.”
— Yoanis · AvvoIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Pedestrian Accidents FAQ
Do I get PIP if I was walking?
Often, yes. Your own car policy's PIP, or the PIP of a relative you live with, can pay first even though you were on foot.
What if I crossed mid-block?
You can still get paid. Florida uses a shared-fault rule. Your share of the blame is taken out of what you get. But it doesn't end your claim unless your share is more than 50%.
The driver fled the scene — now what?
Your uninsured-motorist coverage can apply to a hit-and-run; reporting it promptly to police matters.
What if a child was hit?
Children are held to a lower standard of care than adults, which affects how fault is assessed.
How long do I have to file?
Generally 2 years from the date of the crash (§ 95.11(5)(a)).
Can I still get paid if I was partly at fault?
Yes, as long as you were 50% or less at fault (Fla. Stat. § 768.81). Your payment is cut by your share of the blame. The number the insurance company's adjuster gives for your share is just their first move, not a final ruling. A jury decides. The evidence from the first days is what keeps that number down.
Does a pre-existing condition hurt my case?
Not by itself. If the crash made an old injury or condition worse, Florida law says the person who caused the crash owes you for that. What does hurt a case is hiding the old injury. Be honest with your lawyer and your doctors.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873