Pedestrian Accident Claims in Florida

Drivers must stop for a pedestrian in a crosswalk at a signalized intersection when the pedestrian has a permitted signal, must stop at crosswalks where signs say so, and where there are no working signals must yield to a pedestrian crossing within a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, may not cross between adjacent signalized intersections except in a marked crosswalk, and may not suddenly leave a curb into the path of a vehicle too close to yield. Every driver must still use due care to avoid hitting a pedestrian.

Modified comparative fault (51% bar). In negligence cases, an injured person's own fault reduces the damages proportionately, but a person found more than 50% at fault for his or her own harm recovers nothing. This bar does not apply to personal injury or wrongful death claims for medical negligence, where pure comparative fault applies. Each defendant generally pays only its own percentage of fault.

Florida is a no-fault state. Owners must carry personal injury protection (PIP) of $10,000 in medical and disability benefits (medical benefits pay 80% of reasonable expenses) and $5,000 in death benefits, plus $10,000 of property damage liability. Because of PIP, an injured person can sue an at-fault driver for pain, suffering and similar non-economic damages only if the injury involves significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.

A lawsuit founded on negligence (such as most car-accident and slip-and-fall injury claims) must be filed within 2 years. Claims for assault, battery, false imprisonment and other intentional torts have 4 years, as do product-related injury claims.