Your Rights as a Pedestrian or Cyclist After an Accident in Tampa

It’s hard to deal with what happens if you’ve been hit by a car while walking or biking in Tampa. Florida law provides options for compensation, but many find the rules and limitations that come with these options confusing.

Whether you were in a crosswalk, in an intersection or somewhere else, you may still have a claim. Continue reading as we break down your rights, applicable laws, and steps you can take to protect yourself financially and legally.

What laws apply in Florida

The state’s personal injury and traffic laws establish an intricate web of rules around insurance, fault, and the timeframes for filing suit.

Florida’s no-fault and PIP system

Florida is a no-fault state for motor vehicle accidents. If you’re hit while walking or biking, you can first rely on your own car insurance, personal injury protection (PIP) to cover some of your losses. Next, if you don’t own a vehicle or have PIP, you may then use a resident relative’s PIP, and finally, the policy covering the vehicle that struck you.  And if you don’t live with any resident relatives, you may be able to have your medical bills paid by the at-fault car owner’s PIP insurance.

Typically, PIP pays up to 80% of reasonable medical expenses and 60% of lost wages, up to $10,000. PIP has very limited coverage, and doesn’t take care of any expenses above $10,000 such as pain and suffering or non-economic damages. In order to seek those types of damages, Florida’s serious injury threshold must be met.

Modified comparative negligence

Florida follows a modified comparative fault system. Even if you crossed the street improperly or failed to yield, you may still be able to recover. However, your compensation will be reduced. In particular:

• If you’re more than 50% at fault in a negligence-based accident, you can’t recover damages.
• If you’re 50% or less at fault, your compensation is reduced in proportion to your share of fault.

Statute of limitations

You have two years from the date of the accident to file a personal injury lawsuit.  However, if you have Uninsured Motorist coverage, even as a pedestrian, if you have stacked coverage, you can make a claim, and you have five years from the date of the accident to file a lawsuit to protect your rights. Other claim types (like UM) have different time limits. If the accident is fatal, wrongful death claims also usually follow a statute of limitations of two years.

What are your rights as a pedestrian?

Pedestrians have the right to move about via crosswalks, sidewalks, and intersections without being fearful of negligent drivers. Fortunately, Florida allows pedestrians to seek compensation for injuries sustained by a motorist who failed to obey traffic laws. A pedestrian’s actions will also be analyzed when determining who was at fault and to what degree.

Crosswalk rules

Drivers must exercise due care to avoid hitting pedestrians. If you’re in a marked crosswalk or at an intersection, you usually have the right of way. Drivers must stop to allow you to cross safely.

Pedestrians have rules, too. According to Florida Statutes § 316.130, you must use sidewalks when available. If none exist, you must walk facing traffic. Crossing outside of a crosswalk or ignoring traffic signals may increase your share of fault. Still, even if you were jaywalking, it doesn’t automatically mean you’re barred from recovery if the driver was also negligent.

What compensation can you recover

In light of Florida’s comparative negligence rule, if your injuries meet Florida’s serious injury threshold, you may seek economic and non-economic damages from the at-fault driver’s liability coverage. These types of damages include:

• Past and future medical expenses
• Lost income in the past and reduced earning capacity in the future
• Pain and suffering past and future
• Disability or disfigurement past and future
• Loss of enjoyment of life past and future
• Mental Anguish past and future
• Aggravation of any pre-existing condition

What are your rights as a cyclist?

Many of the same principles that apply to pedestrians also apply to cyclists. Yet there are a few additional rules to keep in mind.

Cyclists are considered vehicles

In Florida, bicycles on the road are treated as vehicles, meaning they must follow the rules that drivers in other vehicles must follow. Consequently, you have to ride with the traffic, obey all traffic signals, and use hand signals to notify drivers or other cyclists that you’re turning or changing lanes. Riding against traffic and ignoring signals can be deemed as negligence on your part.

Three-foot passing law

Drivers must give cyclists at least three feet of space when passing (or change lanes to pass safely) under Florida’s updated passing law. Giving less than the specified distance can be evidence of negligence.

Insurance and compensation

Up to policy limits, PIP is first applied (if you have it) to medical bills and lost wages. If the driver who caused the accident is uninsured or underinsured and you have UM/UIM, it may help cover some costs.

What you should do right after an accident

After your nerves calm and you get to safety, there are actions you should take to help protect yourself and build your case.

1. Get medical attention even if you don’t feel hurt, as some injuries may not be immediately apparent.
2. Call the police to secure an incident report because it might help with both insurance and legal claims.
3. Exchange contact information with the driver and witnesses. For the driver, be sure to also get their license plate number and insurance information.
4. Take photos and video to document the scene, damage, road conditions, and injuries.
5. Don’t admit fault. Just stick to the facts to avoid any statements later being used against you.
6. Report the crash to your car insurance carrier.

Though not required, hiring an attorney can help even the playing field. It’s wise to seek counsel in any accident, but especially if you may be partially at fault or if your injuries exceed PIP limits.

Common defenses insurance companies may use

In an effort to make more profits, insurance companies will often try to shift blame. They might argue that:

• You crossed the street outside of a crosswalk or against traffic signals.
• You stepped or rode into traffic unexpectedly.
• Your injuries aren’t severe enough to bypass PIP.
• You were distracted somehow (e.g., on your phone, zoned out, etc.).

Your legal options after a pedestrian or bike accident

If you’re a pedestrian or cyclist injured after an accident in Tampa, the law provides ways for you to recover. Since rules and deadlines are strict, you must be thorough and timely in pursuing a personal injury claim. You can start with PIP coverage, but if you’ve been seriously injured, you may be able to file a full claim against the responsible driver.

Florida laws make it critical that you act quickly and document carefully. Due to the complexity of insurance laws and comparative fault rules, you should seriously consider engaging legal counsel. Our attorneys at MattLaw Car Accident & Personal Injury Lawyers can explain your options and help protect your rights.