Hit by a Car While Walking in Pompano Beach? Your Rights as an Injured Pedestrian in Florida

Walking should be one of the safest ways to get around Pompano Beach, whether you’re heading to the beach, crossing Atlantic Boulevard, or walking home from the bus stop. Unfortunately, Florida is one of the most dangerous states in the country for pedestrians. When a car hits someone on foot, the injuries are often severe, and the legal questions that follow can feel overwhelming.



If you or a loved one was hit by a car while walking, here’s what you need to know about your rights under Florida law.

Florida’s Pedestrian Safety Problem

According to the 2026 Dangerous by Design report from Smart Growth America, Florida ranks as the fifth most dangerous state for pedestrians. Nearly 3,800 pedestrians were killed on Florida roads from 2020 to 2024, and the Miami–Fort Lauderdale–Palm Beach area ranks among the 20 most dangerous metro areas in the country.

The risk rises in late fall. After daylight saving time ends on November 1, many people walk home from work or school in the dark, when drivers have a harder time seeing them.

What Florida Law Requires of Drivers

Florida Statute § 316.130 sets rules for both pedestrians and drivers. Drivers must:

• Stop for pedestrians in crosswalks at signalized intersections and marked crosswalks when the pedestrian has the right of way.
• Yield to pedestrians in crosswalks where there are no working signals.
• Never pass a vehicle that has stopped to let a pedestrian cross.
• Use due care to avoid hitting any pedestrian, with extra caution around children and anyone who appears confused or impaired.

That last duty applies everywhere, even if the pedestrian is not in a crosswalk. A driver who is speeding, distracted by a phone, or impaired can be held responsible for hitting someone on foot.

Common Causes of Pedestrian Accidents

• Distracted driving, including texting
• Speeding, especially on busy roads like Federal Highway and Atlantic Boulevard
• Failing to yield when turning right on red
• Drunk or drugged driving
• Poor lighting and low visibility at night
• Drivers backing out of parking spaces without looking

Who Pays for Your Medical Bills?

Florida is a no-fault state, so your first source of coverage is usually Personal Injury Protection (PIP) insurance, even when you were walking.

• If you own a car, your own PIP policy typically covers you as a pedestrian.
• If you don’t own a car, you may be covered by the PIP policy of a relative you live with.
• If neither applies, the PIP coverage on the vehicle that hit you may pay, as long as you are a Florida resident.

PIP generally pays 80% of reasonable medical expenses and 60% of lost wages, up to $10,000. You must get medical treatment within 14 days of the accident to use these benefits.

For serious pedestrian injuries, $10,000 rarely covers everything. That’s why many injured pedestrians also pursue a claim against the at-fault driver.

When Can You Sue the Driver?

Under Florida law, you can step outside the no-fault system and seek full compensation from the at-fault driver if your injuries meet the “serious injury” threshold. This includes:

• Significant and permanent loss of an important bodily function
• Permanent injury
• Significant and permanent scarring or disfigurement
• Death

Pedestrian accidents often involve broken bones, traumatic brain injuries, and spinal injuries that meet this standard. Learn more in our article on Florida car accident claims and the permanent injury threshold.

What If You Were Partly at Fault?

Insurance companies often argue that the pedestrian was jaywalking, wearing dark clothes, or not paying attention. Since 2023, Florida has followed a modified comparative negligence rule:

• If you are 50% or less at fault, you can recover damages, reduced by your share of fault.
• If you are more than 50% at fault, you cannot recover damages from the other party.

Because a single percentage point can make a big difference, gathering strong evidence early is critical.

What to Do After Being Hit by a Car

• Call 911 and get medical help right away, even if you feel okay.
• Get the driver’s information, including name, insurance, and plate number.
• Take photos of the scene, crosswalk, traffic signals, lighting, and your injuries.
• Get contact information from witnesses.
• Look for cameras at nearby businesses or homes that may have recorded the crash.
• See a doctor within 14 days to protect your PIP benefits.
• Don’t give a recorded statement to the driver’s insurance company before speaking with a lawyer.

Hit-and-Run Pedestrian Accidents

If the driver fled, you may still have options. Your own uninsured motorist (UM) coverage may help pay for damages beyond PIP. Report the crash to police as soon as possible, since a police report is important for any claim.

Don’t Wait Too Long

For most negligence claims arising after March 24, 2023, Florida gives you only two years from the accident date to file a lawsuit. Evidence like video footage can disappear within days, so it’s best to act quickly.

Frequently Asked Questions

Can I recover compensation if I wasn’t in a crosswalk?
Possibly. Drivers still have a duty to use due care, even when a pedestrian is outside a crosswalk. Your recovery may be reduced if you share some fault, but you may still have a claim if you were 50% or less at fault.

What damages can I recover in a pedestrian accident claim?
Depending on your case, you may recover medical expenses, lost wages, future care costs, and pain and suffering. Read more about how compensation is calculated in a personal injury case.

What if my loved one was killed in a pedestrian accident?
Surviving family members may be able to file a wrongful death claim to recover damages for their loss.

Talk to a Pompano Beach Pedestrian Accident Lawyer

If you were hit by a car while walking in Pompano Beach or anywhere in Broward County, Blaise Law Office can help you understand your options and pursue the compensation you deserve. Attorney McKinley Augustin and our team handle auto accident and pedestrian injury claims throughout Florida. Contact us today to schedule a free consultation.

Disclaimer: This article is for general informational purposes only and is not legal advice. Every case is different. Reading this content does not create an attorney-client relationship.