In Florida, pedestrians, motor vehicle drivers, motorcyclists and bicyclists have equal rights to use the roadway and are required to exercise reasonable care while walking or driving. Florida established specific laws to protect and provide for victims of pedestrian accidents. For example, pedestrians must obey all traffic control devices and must walk on sidewalks or if there is no sidewalk, on the shoulder on the left side of the roadway facing traffic. Failure to comply with Florida pedestrian safety statutes could be used to charge the pedestrians with comparative fault reducing the amount of recoverable damages.
Injured pedestrians, just like car accident victims, have the right under the Florida law to pursue personal injury claims to receive compensation for their damages. Furthermore, pedestrians are covered under the Florida No Fault Law when hit by a motor vehicle. See Florida PIP Coverage. In fact, pedestrians may qualify for the PIP benefits even if there was no contact between the pedestrian and the vehicle, such as when a pedestrian is injured after having to jump out of the way of a vehicle that was driving carelessly.
The PIP benefits may be paid through the pedestrian’s own auto insurance policy, through a pedestrian’s resident relative’s auto policy, or through the at fault driver’s auto insurance. Although pedestrians are covered under the PIP law, unlike car accident victims, they are not required to prove that they suffered a permanent injury to be able to recover future medical care and pain and suffering damages.