Pedestrian accidents can have devastating consequences and can often leave victims with serious injuries, overwhelming medical bills, and long recovery periods. When a pedestrian is struck by a vehicle, one of the first legal questions that arises is: “Who is at fault?”

In Florida and Texas, liability in a pedestrian accident depends on the specific facts of the case. Contrary to popular belief, drivers are not automatically liable just because a pedestrian was injured. Liability is determined by examining negligence, specifically, whether either party failed to exercise reasonable care under the circumstances.

When is the Driver Liable for a Pedestrian Accident?

Drivers have a legal duty to operate their vehicles safely and remain alert to their surroundings, especially in areas where pedestrians are present.

In most cases, the driver is held responsible when a pedestrian is hit, especially if the driver:

  • Ran a red light or stop sign
  • Failed to yield at a crosswalk
  • Was speeding or distracted (e.g., texting while driving)
  • Was impaired by drugs or alcohol
  • Was driving aggressively or recklessly

Under Florida and Texas traffic laws, drivers are required to yield the right of way to pedestrians in marked crosswalks and at intersections. If they fail to do so and cause injury, they can be found negligent and held liable.

Can a Pedestrian Be at Fault for the Accident?

While drivers are often blamed for pedestrian accidents, pedestrians also have responsibilities under the law. Therefore, yes, pedestrians can also be held partially or fully liable if they acted negligently. Examples of pedestrian negligence include:

  • Jaywalking or crossing outside of designated areas
  • Walking into the street while intoxicated
  • Ignoring pedestrian signals
  • Entering the road suddenly without giving a driver time to react

Both Florida and Texas follow comparative negligence rules. This means that if a pedestrian is found to be 51% or more at fault, then they are barred from receiving any recovery.

Does Insurance Cover Hitting a Pedestrian?

Insurance coverage often plays a critical role in pedestrian accident claims, but the specifics vary depending on where the accident happened.

Auto insurance typically provides coverage when a driver hits a pedestrian, but how coverage applies depends on the state and the type of insurance policy involved.

In Florida (a no-fault state):

  • Personal Injury Protection (PIP) covers the injured pedestrian’s medical bills and lost wages regardless of who was at fault.
  • If the pedestrian’s injuries are severe or permanent, they may step outside the no-fault system and file a liability claim against the driver’s bodily injury liability coverage.
  • If the driver is uninsured or underinsured, the pedestrian may use UM/UIM (Uninsured/Underinsured Motorist) coverage if they carry it through their own auto insurance policy.

In Texas (a fault-based state):

  • The at-fault driver’s liability insurance pays for the pedestrian’s medical costs, lost income, and other damages.
  • If the driver is uninsured or underinsured, the pedestrian may use UM/UIM (Uninsured/Underinsured Motorist) coverage if they carry it through their own auto insurance policy.

In both states, insurance companies might try to shift blame to avoid paying full compensation. That’s why it’s important to consult a pedestrian accident attorney who can protect your rights and negotiate on your behalf.

Can You Be Sued for Almost Hitting a Pedestrian?

Yes, you can be sued even if you didn’t actually make contact with the pedestrian, depending on the circumstances. These types of claims are rare but can arise when:

  • A driver’s reckless behavior forces a pedestrian to jump out of the way, causing injury
  • A vehicle causes a chain-reaction crash that indirectly harms the pedestrian

These cases are harder to prove and require strong evidence that the driver’s actions created a foreseeable risk of harm even without direct contact. Witness statements, DashCam footage, and medical records can play a vital role in these claims.

What Should You Do After a Pedestrian Accident?

If you’ve been involved in a pedestrian accident, as the victim or the driver, it’s important to take immediate steps:

  • Call 911: Report the accident and request medical attention.
  • Do not admit fault: Stick to the facts when speaking to police or the other party.
  • Document the scene: Take photos of injuries, vehicle damage, road signs, and surroundings.
  • Gather witness information: Their statements may help clarify liability.
  • Contact a personal injury attorney: They can help you navigate the legal process and protect your rights.

Taking these steps early can make a significant difference in protecting your health, your rights, and your ability to recover fair compensation.

Let RTRLAW Help You Protect Your Rights to Walk Without Being Injured!

At RTRLAW, with Florida and Texas being two of the deadliest states for pedestrians, we’ve seen firsthand how pedestrian accidents can turn lives upside down. Whether you were hit by a car or are facing a claim after an unfortunate accident, our experienced personal injury attorneys are ready to help.

We’ll investigate the facts, determine liability, negotiate with insurance companies, and fight for the compensation you deserve.

Call 1-833-HIRE-RTR for a free, no-obligation consultation to connect with a lawyer today. Don’t wait. Your legal options may be time sensitive. Call us today and let us help.