Pedestrian Accidents in Clearwater: Who’s Liable When a Driver Hits a Pedestrian

Clearwater's beaches, downtown, and walkable neighborhoods bring a lot of foot traffic, and unfortunately, a lot of pedestrian accidents. Whether it happens in a marked crosswalk, a parking lot, or along a busy stretch of road, getting hit by a vehicle as a pedestrian almost always results in serious injury. Here's what to know about liability and your options afterward.

Who's Usually at Fault

Drivers are required to exercise reasonable care to avoid hitting pedestrians, including yielding at crosswalks, obeying traffic signals, and staying alert for people crossing the street. When a driver is distracted, speeding, under the influence, or simply not paying attention, they're often found liable for a pedestrian accident.

That said, fault isn't always clear-cut. Insurance companies frequently try to shift blame onto the pedestrian, arguing they crossed outside of a crosswalk, crossed against a signal, or were difficult to see. Florida's comparative negligence rule means that even if you're found partially at fault, you can still recover compensation, reduced by your percentage of fault, as long as you're not more than 50% responsible.

Why These Cases Often Involve Serious Injuries

Unlike a car-on-car collision, a pedestrian has no metal frame or airbags between them and a moving vehicle. Even a crash at relatively low speed can result in broken bones, traumatic brain injury, spinal cord damage, or worse. Medical costs in pedestrian accident cases tend to be significant, and recovery, if full recovery is even possible, can take months or years.

Evidence That Strengthens a Pedestrian Accident Claim

• The police report and any citations issued
• Traffic or security camera footage from nearby businesses
• Witness statements
• Photos of the scene, including skid marks, the vehicle's damage, and traffic signals or crosswalk markings
• Your medical records documenting the full extent of your injuries

Camera footage in particular can disappear quickly if it's not requested promptly, which is one of the reasons it helps to get an attorney involved early.

What You Can Recover

A successful pedestrian accident claim can cover medical expenses, both current and future, lost income, pain and suffering, and compensation for any permanent impairment.

Hit as a Pedestrian? Talk to Hartpence Law

If you or someone you love was struck by a vehicle while walking anywhere in Clearwater, St. Petersburg, or the surrounding Tampa Bay area, you don't have to navigate the insurance process alone. Hartpence Law works on a contingency basis, meaning you pay nothing unless we win your case. Contact us today for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Every case is different, and you should speak with a licensed attorney about your specific situation.