Pedestrian Accident Lawyer
Florida is among the most dangerous states for pedestrians, and Broward County is no exception. Wide arterial roads and heavy traffic make crossings on Sample Road, University Drive, Atlantic Boulevard, and Wiles Road genuinely hazardous. When a vehicle strikes a person on foot, the injuries are almost always severe.
Eric A. Hernandez is a Coral Springs pedestrian accident lawyer with more than 25 years of trial experience. Before entering private practice, Eric served as an Assistant U.S. Attorney (AUSA) in the Southern District of Florida and clerked for Chief Justice Charles T. Wells of the Florida Supreme Court. He represents pedestrians and their families against the drivers, insurers, and anyone else whose negligence caused the harm.
Call HLM Injury Lawyers at (305) 842-2100 or contact us online today for a free consultation. There is no fee unless we win your case.
Common Causes of Pedestrian Accidents in Florida
Most pedestrian accidents come down to driver error — and pedestrians cannot protect themselves from thousands of pounds of moving metal. Common causes on Broward County roads include:
- Distracted Driving: A driver looking at a phone may not see a pedestrian in a crosswalk until it is too late — a leading cause of pedestrian fatalities.
- Failure to Yield at Crosswalks: Florida law requires drivers to yield to pedestrians in marked and unmarked crosswalks. Many do not slow down or check before proceeding.
- Speeding: Higher speeds cut stopping distance and sharply increase the severity of impact. Limits on many Broward County roads are routinely exceeded.
- Running Red Lights or Stop Signs: Drivers blowing through traffic controls strike pedestrians crossing lawfully on a signal.
- Turning at Intersections: Drivers turning left or right often focus on oncoming traffic and overlook a pedestrian crossing directly in front of them.
- Backing Vehicles: Pedestrians — especially children and the elderly — are frequently struck in parking lots and driveways by drivers who fail to check behind them.
- Hit and Run: Florida has a serious problem with drivers who flee after striking a pedestrian, leaving victims without immediate help.
- Impaired Driving: Alcohol and drugs slow reaction time and judgment, making impaired drivers far more dangerous to pedestrians, especially at night.
Common Injuries in Pedestrian Accidents
Pedestrians have no protection when struck by a vehicle, and the resulting injuries are often life-threatening or permanently disabling:
- Traumatic Brain Injury (TBI): Impact with a vehicle or the ground can cause anything from a concussion to severe brain damage with lasting cognitive and physical consequences.
- Spinal Cord Injuries: A collision can fracture vertebrae or damage the spinal cord, causing partial or complete paralysis.
- Broken Bones: Fractures of the legs, pelvis, arms, and ribs are common when a vehicle strikes a pedestrian.
- Internal Injuries: Blunt force trauma to the torso causes internal bleeding and organ damage that may not be visible at first but can turn life-threatening without prompt care.
- Severe Lacerations and Road Rash: Being thrown onto pavement causes deep cuts and abrasions that can lead to permanent scarring and infection.
- Soft Tissue Injuries: Torn ligaments and muscle injuries frequently accompany the more visible trauma of a pedestrian accident.
- Wrongful Death: Pedestrians die at a far higher rate than vehicle occupants in comparable crashes. When an accident is fatal, surviving family members may have a wrongful death claim.
- Psychological Trauma: Survivors often face post-traumatic stress and anxiety that disrupt daily life long after physical injuries heal.
What to Do After a Pedestrian Accident in Florida
Step 1 — Call 911 immediately. Request emergency medical services. The police will create a report at the scene — critical documentation for your claim.
Step 2 — Do not refuse medical treatment. Accept evaluation even if you feel able to walk away. TBI, internal bleeding, and spinal damage are often not immediately apparent.
Step 3 — Gather information if you are able. Get the driver’s name, license plate, insurance, and contact details, plus witness names and phone numbers.
Step 4 — Document the scene. Photograph the vehicle, road, crosswalk or intersection, traffic signals, skid marks, and your visible injuries.
Step 5 — Do not discuss fault at the scene. Do not tell anyone you were at fault — even partially. Let investigators and attorneys work through the liability question.
Step 6 — Follow all medical advice. Attend every follow-up appointment and complete your treatment plan. Insurers use gaps in treatment to argue your injuries were not serious.
Step 7 — Contact a pedestrian accident attorney before speaking to the insurer. Adjusters push for recorded statements and quick settlements. An attorney protects you before you say anything that can be used against you.
Florida Law and Pedestrian Accident Claims
Florida law gives pedestrians the right of way in marked and unmarked crosswalks. Drivers have an affirmative duty to yield, and failing to do so is negligence. When a driver’s negligence injures a pedestrian, that driver — and potentially their employer or insurer — can be held liable.
Damages in a pedestrian accident claim typically include medical expenses, future medical costs, lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life.
Florida’s modified comparative negligence rule applies — your damages are reduced by your percentage of fault, and you cannot recover if you are found 51% or more at fault. A pedestrian who is exactly 50% at fault can still recover. Insurers will argue you were outside a crosswalk, wearing dark clothing, or distracted; an experienced attorney fights back with evidence.
Florida’s Personal Injury Protection (PIP) insurance can apply to pedestrians struck by a motor vehicle in certain circumstances, even if the pedestrian does not own a vehicle. In hit-and-run cases, other paths to compensation may exist. Eric can evaluate every potential source of recovery for your situation.
Florida’s 2-Year Deadline — Do Not Wait
Florida’s 2023 tort reform law (HB 837) set a two-year statute of limitations for most negligence claims, including pedestrian accident cases — down from the prior four-year period. Evidence fades fast: surveillance footage is often overwritten within days, and witnesses’ memories dim.
The wrongful death deadline is also two years. If a pedestrian was killed, surviving family members should contact an attorney immediately.
Call HLM Injury Lawyers at (305) 842-2100 today. Do not let the clock run out.
Why Hire Eric Hernandez for Your Pedestrian Accident Case
- Former federal prosecutor. Eric served as an Assistant U.S. Attorney in the Southern District of Florida — a career spent building strong cases and standing his ground against well-funded opponents.
- Judicial clerkship at the Florida Supreme Court. Eric clerked for Chief Justice Charles T. Wells, giving him a deep foundation in how Florida courts weigh evidence and apply the law.
- 25+ years of trial experience. Insurance companies know Eric is ready to take a case to trial, and that readiness strengthens your position at every stage.
- Admitted to the U.S. Supreme Court Bar. A recognition of a career committed to high-level legal advocacy.
- Bilingual — English and Spanish. Eric and the HLM Injury Lawyers team serve the South Florida community in both English and Spanish.
Frequently Asked Questions
What if I was jaywalking when the accident happened?
Crossing outside a crosswalk does not automatically bar you from recovering compensation. Florida apportions fault among all parties, and you can still recover as long as you were not 51% or more at fault. An attorney can evaluate how the specific facts affect your case.
What if the driver fled the scene?
Hit-and-run accidents are common in Florida. If the driver is identified, you can pursue a claim against them directly. If the driver is never found, other avenues may be available depending on the insurance coverage involved. Contact an attorney to explore every path to compensation.
Does PIP insurance cover pedestrians hit by a car?
PIP coverage can apply to pedestrians struck by a motor vehicle in certain circumstances, even if the pedestrian does not own a vehicle. Coverage depends on the specific policies involved. Eric can assess your situation during a free consultation.
What damages can I recover in a pedestrian accident case?
Recoverable damages may include medical bills, future medical costs, lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Additional categories apply in wrongful death cases.
How long do I have to file a pedestrian accident claim in Florida?
Most pedestrian accident claims must be filed within two years. Do not wait — contact HLM Injury Lawyers as soon as possible to give your legal team time to investigate and build your case.
What if I was partially at fault for the accident?
You can recover even if you share some responsibility, as long as you are not 51% or more at fault, with your damages reduced in proportion to your share. An experienced attorney pushes back on insurer tactics to inflate that share.
Contact HLM Injury Lawyers — Free Consultation
Pedestrian accident victims often face mounting medical bills and lost income while the at-fault driver’s insurer works to minimize what it pays. You deserve someone in your corner with the experience to fight for everything you are owed.
Eric A. Hernandez and HLM Injury Lawyers represent pedestrian accident victims across Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and throughout Broward County and South Florida.
Call (305) 842-2100 or visit us at 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Your consultation is free, and you pay nothing unless we win.
