Walking and bicycling should be safe, accessible ways to get around. But when a person on foot or a bicycle is struck by a car, the consequences can include serious injuries, unexpected medical bills, lost income, and difficult questions about who is responsible. In Florida, pedestrians and bicyclists accounted for 28% of traffic fatalities between 2019 and 2023—underscoring the risks faced by people outside a vehicle.
Whether you were walking, jogging, riding a bicycle, using a wheelchair, or traveling another way outside a vehicle, knowing what to do next can help protect your health and your legal rights. A Fort Lauderdale personal injury lawyer can investigate what happened, identify potentially responsible parties and insurance coverage, and explain your options for pursuing compensation.
Why Drivers Hit Pedestrians and Bicyclists in Florida
Crashes involving pedestrians and bicyclists can happen in seconds. Common factors include distracted or impaired driving, speeding, failing to yield, running a red light or stop sign, opening a vehicle door into a bicyclist’s path, and turning through an intersection, driveway, or parking-lot entrance without checking for people walking or riding nearby.
Visibility can also play a major role. Darkness, poor lighting, weather, obstructed sightlines, and low-contrast clothing can make people outside a vehicle harder to see. Drivers still have a duty to remain alert and operate safely for the conditions, especially near intersections, crosswalks, bike lanes, sidewalks, schools, parks, and transit stops.
Intersections are particularly dangerous because walkers and bicyclists may cross a driver’s path while the driver is turning. Both pedestrians and bicyclists have responsibilities under Florida law, including following applicable traffic signals and control devices. Bicyclists generally have the same rights and duties as other vehicle operators, with additional rules that apply specifically to bicycles.
Florida Right-of-Way Laws for Pedestrians and Bicyclists
Florida law gives pedestrians important protections, but right of way depends on where and how the person is crossing. At signal-controlled intersections, pedestrians must follow the applicable pedestrian signals, and drivers must yield when required. A marked crosswalk is important evidence, but it does not answer every liability question by itself.
Bicyclists may ride on the roadway in many situations and are generally treated as vehicle operators under Florida law. They may also use sidewalks in many locations, where they generally have the rights and duties of pedestrians and must yield to people on foot. Local ordinances and the circumstances of the crash may also affect the analysis.
Determining who had the right of way is rarely as simple as asking whether someone was in a crosswalk or bike lane. Investigators may consider the crash location, traffic signals, visibility, vehicle speed, road design, witness accounts, camera footage, and the actions of the driver, pedestrian, or bicyclist.
How a Fort Lauderdale Personal Injury Lawyer Can Help
When a pedestrian or bicyclist suffers serious injuries, liability and insurance coverage can become complicated. An insurer may argue that the injured person contributed to the crash, question the cause or severity of the injuries, or pressure them to accept an early settlement.
A Fort Lauderdale personal injury lawyer can investigate the crash and preserve evidence that may support the claim. That may include police reports, photographs, nearby surveillance or dash-camera footage, witness statements, electronic vehicle data, medical records, damage to the car or bicycle, and evidence of road or lighting conditions.
Florida’s modified comparative fault rules can affect a claim when more than one person shares responsibility. A pedestrian or bicyclist who is partly at fault may still recover compensation, but the award may be reduced by that person’s percentage of fault. Under current Florida law, a person found more than 50% at fault generally cannot recover damages in a negligence action.
Insurance and Liability After a Pedestrian or Bicycle Crash
Insurance coverage can be one of the most confusing parts of a pedestrian or bicycle injury claim. The injured person was not driving, but several policies may still need to be reviewed.
Florida’s no-fault system may provide personal injury protection benefits to an injured pedestrian or bicyclist through their own policy, a household policy, or—in some situations—the policy covering the vehicle involved. The driver’s bodily injury liability coverage, uninsured or underinsured motorist coverage, and other policies may also apply.
The driver may not be the only potentially responsible party. Depending on the facts, an employer, vehicle owner, rideshare company, government entity, or another party could be involved. An attorney can identify available coverage, evaluate liability, and handle disputes with insurers.
What to Do If You Are Hit by a Car While Walking or Bicycling
Seek Medical Attention
Call 911 and seek medical care as soon as possible. Head injuries, internal injuries, and soft-tissue damage may not be immediately obvious, especially when adrenaline is high. Prompt evaluation protects your health and creates medical documentation connecting your injuries to the crash.
Report the Accident
Ask law enforcement to respond and make sure the crash is documented. Give an accurate account, but do not speculate or accept blame while you are injured or shaken. Obtain the report number and, when available, a copy of the crash report.
Document the Scene
If you are physically able, photograph or record your injuries, the vehicle, bicycle and helmet, debris, skid marks, crosswalk or bike-lane markings, traffic signals, lighting, weather, and surrounding businesses or homes that may have cameras. Get the driver’s insurance information and the names and contact details of witnesses.
Be Careful When Speaking With Insurance Companies
An insurance adjuster may quickly ask for a recorded statement, medical authorization, or settlement. Be careful: an incomplete statement can be taken out of context, and an early offer may not account for future treatment or long-term effects. You can seek legal advice before discussing fault or signing documents.
Preserve Important Evidence
Keep medical records, bills, prescriptions, wage-loss information, photographs, insurance correspondence, damaged clothing, and any bicycle, helmet, lights, or wearable-device data. Do not repair or discard damaged equipment until it has been photographed and evaluated. Avoid posting about the crash or your recovery on social media.
When Should You Contact a Personal Injury Lawyer?
Consider speaking with an attorney promptly if your injuries are serious, fault is disputed, the driver left the scene, a commercial or government vehicle was involved, available insurance is unclear, or you may face surgery, extended treatment, lost income, or lasting limitations. Some evidence—especially surveillance video—can disappear quickly, and legal deadlines may apply.
An attorney can review the evidence, explain how Florida law applies, calculate the full extent of your losses, communicate with insurers, and determine whether you have grounds for a personal injury claim. Getting guidance early can help preserve evidence and prevent avoidable mistakes.
Protect Your Rights After Being Hit by a Car
A crash involving a pedestrian or bicyclist can have serious physical, financial, and emotional consequences. If you were injured, you do not have to sort through questions about liability, insurance, and compensation alone.
At Ginnis, Krathen & Zelnick, P.A., our personal injury attorneys represent people injured while walking and bicycling. We can evaluate the crash, identify who may be responsible, preserve important evidence, and pursue the compensation you may be entitled to under Florida law.
Learn More About Pedestrian and Bicycle Accident Claims
If you or someone you love was injured while walking or bicycling, visit our pedestrian accidents page to learn more about your legal options and how Ginnis, Krathen & Zelnick, P.A. can help.