Pedestrian accidents can be devastating and forever change a victim’s life. If you or someone you love suffered injuries in a pedestrian accident, they may be facing a long, uphill road. Many victims are left saddled with mounting medical expenses and serious, long-term injuries requiring months, and sometimes years, of rehabilitation and physical therapy. Pursuing compensation from the negligent driver is your right. Read on to learn more about pedestrian accidents and how a Tampa pedestrian accident lawyer can help you recover what you and your family deserve. 

Common Injuries in Pedestrian Accidents 

Pedestrian accidents often leave victims with catastrophic injuries. Even at low speeds, a pedestrian has no protection when colliding with a car. The most common injuries seen by a Tampa accident lawyer include the following: 

  • Traumatic brain injuries, 
  • Spinal cord injuries, 
  • Broken bones, 
  • Lacerations and bruising, 
  • Internal bleeding, 
  • Nerve damage, and 
  • Burns. 

Many of these injuries are severe and, for many victims, are fatal.  As a victim adapts to their new way of life, they must receive compensation from the person who caused their injuries. 

How is Liability Determined in Pedestrian Accidents 

Your accident attorney in Tampa establishes liability in your pedestrian accident by proving the four elements of negligence. In all personal injury cases, negligence is shown through four elements: 

  • Duty. The driver owed a legal duty to the pedestrian to operate their vehicle in a reasonable manner;
  • Breach. The driver breached this duty by failing to operate their vehicle reasonably, for example, texting while driving; 
  • Causation. The driver’s breach directly lead to the pedestrian’s injuries and losses; and 
  • Damages. The pedestrian victim suffered damages as a result of the accident. 

Despite proving the driver’s negligence, a pedestrian can be held responsible for causing the accident under the law of comparative negligence. If a pedestrian is found to be partially at fault for causing the accident, their compensatory damages are reduced by their percentage of fault. Examples where a pedestrian may be held responsible for an accident include situations where pedestrians did not pay attention to where they were walking or did not follow traffic signals. It’s vital to obtain the help of a Tampa pedestrian accident lawyer to protect your rights and avoid any reduction in the financial relief you are owed. 

What Can I Recover?

Florida law permits victims injured in pedestrian accidents to recover compensatory damages through economic and non-economic damages. Economic damages include direct financial losses resulting from the accident. A skilled Tampa pedestrian accident lawyer begins calculating the value of these economic losses through tangible evidence like receipts, invoices, and pay stubs. Examples of economic damages include:

  • Medical expenses, 
  • Lost wages, 
  • Loss of future earnings, and
  • Property damage.

Economic damages are easier to calculate, however, supporting them with evidence is vital to their recovery. Keep copies of all documentation related to your accident to provide to your pedestrian accident attorney.

Non-economic damages represent subjective losses stemming from the accident. Common examples include the following:

  • Emotional distress, 
  • Pain and suffering, 
  • Loss of consortium, 
  • Loss of enjoyment of life, and 
  • Permanent injury or disability. 

Non-economic damages are not as easily established as non-economic damages. Testimony from family members and medical experts are vital to prove these losses. Without a Tampa accident lawyer, recovering non-economic damages is challenging. Speak to an attorney today to ensure you receive the full value of your claim. 


What is the statute of limitations for pedestrian accident cases? 

Under Florida law, pedestrian accident victims have two years from the date of the accident to file a lawsuit. 

Do I have to cross the street in a crosswalk?

A driver is required to yield to a pedestrian that is lawfully crossing in a crosswalk. 

Do I still have a case if I was hit by a car outside of a crosswalk?

Even if a pedestrian is not in a crosswalk, all drivers have a duty to protect pedestrians and operate their vehicle in a reasonable manner. 

Is the driver the only party I can sue in a pedestrian accident?

Your accident attorney in Tampa works to determine whether any other parties may be responsible for your injuries including other bicyclists, motorcyclists, or even other pedestrians. 

Contact Us 

At James Horne Law PA, our primary value is our commitment to clients in personal injury and family law matters. We never view our clients as a file number but instead, take the time to understand the details and facts of your face. We fight to achieve the best possible result in your case. In ten years, we have recovered over 30 million dollars in judgments and settlements for our clients. With nearly 700 satisfied clients, we are ready to represent you in your time of need. 

Contact us today for a confidential consultation and learn how we can help you.