Right-of-way rules, the surprising reach of PIP for pedestrians, and the Northeast Florida hot spots where pedestrian crashes cluster.
Call 904-383-7448Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Florida pedestrian crashes follow most of the same legal framework as car-on-car crashes, with one wrinkle that surprises clients: the pedestrian's own auto PIP coverage usually pays first for medical and wage benefits. Section 768.81 comparative fault applies, with the 51 percent bar.
Section 316.130, Florida Statutes, governs pedestrian movement on highways. Section 316.075 governs traffic-control signal devices. Together they set out the duties of pedestrians and drivers at intersections, crosswalks, and signalized crossings.
Key rules: drivers must yield to pedestrians within crosswalks. Pedestrians outside crosswalks must yield to vehicles. Both have a duty of due care to avoid collisions. The driver's duty is heightened when the driver sees, or should see, a pedestrian.
The misunderstood part. Pedestrians struck by a motor vehicle in Florida often have access to PIP coverage even though they were not in a car. The PIP coverage that follows the pedestrian comes from:
The 14-day treatment rule applies. The $10,000 cap applies. The EMC determination still controls the difference between $2,500 and $10,000.
Get the police report and the scene photos fast. Pedestrian-vehicle crashes often turn on lighting, signage, and witness perspective. Locations look very different in daylight than they do at the time of the crash.
Pull every PIP policy that might apply. The pedestrian's, the household's, the driver's. PIP exhaustion in serious-injury cases happens fast and the case becomes a third-party claim against the driver's BIL and the pedestrian's UM coverage.
Watch for the "darting out" defense. Defense experts often try to construct a timeline showing the pedestrian appeared too suddenly to avoid. Pedestrian-conspicuity testing and reconstruction can rebut.
Yes. PIP follows the pedestrian's own policy, then a household policy, then the at-fault driver's PIP. Section 627.736.
Comparative fault under section 768.81 applies. The 51 percent bar caps it: more than 50 percent at fault means no recovery.
PIP eligibility, comparative-fault disputes, scene reconstruction. Call.
Call: 904-383-7448