Being hit by a vehicle as a pedestrian is traumatic enough as it is. When you’re hurt in a hit-and-run accident, it’s even more so. Most people know that hitting a vehicle and fleeing the scene without leaving any contact information is a hit-and-run — but so is hitting a pedestrian or a cyclist and leaving.
Pedestrian traffic fatalities aren’t unique to Florida. However, Florida is ranked fourth in the nation for pedestrian fatalities, with 3.47 pedestrian traffic deaths per 100,000 people. The national average is 2.26 deaths per 100,000 people.
In 2022, the state experienced 10,013 pedestrian-related crashes. If you’re a victim of one of the many hit-and-run pedestrian accidents in Florida, it’s easy to feel like there’s no hope of recovering any compensation.
However, there is a path forward. An experienfded Fort Lauderdale pedestrian accident lawyer can advocate for your rights and help increase your chances of receiving the financial assistance you need.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has long acknowledged that hit-and-run accidents are a problem in Florida. Our state has more than 103,000 hit-and-run accidents, but pedestrians and cyclists are disproportionately affected. Consider these sobering statistics from 2022:
Together, pedestrians and cyclists made up 73% of all Florida hit-and-run fatalities. While there were fewer hit-and-run fatalities in 2022 than in 2021, hit-and-run pedestrian accidents in Florida have also proportionately increased. The FLHSMV notes that from 2021 to 2022, the number of cyclists and pedestrians killed in such crashes rose by 3%.
Florida takes hit-and-run accidents seriously. Leaving an accident scene — even if there are no injuries — is a crime. Here’s a look at the penalties for different kinds of hit-and-run accidents:
Fleeing the scene of a crash with a fatality is a first-degree felony in Florida. Any driver convicted of doing so will be sentenced to a mandatory minimum of four years in prison. However, they may be sentenced to a prison term of up to 30 years. They will often be issued a $10,000 fine as well.
Florida penalties for leaving an accident scene with a fatality were not always this steep. In 2014, the passage of Florida Statutes Section 316.027 — better known as the Aaron Cohen Life Protection Act — created the four-year mandatory minimum sentence.
The law was passed in honor of Aaron Cohen, a 31-year cyclist who was hit and killed in 2012 by an impaired driver who fled the scene. The driver was only sentenced to two years in prison — less than the four-year mandatory minimum for DUI manslaughter.
Depending on the exact circumstances, this charge can either be a second-degree or third-degree felony. Convicted drivers face up to five years in prison, a $5,000 fine, and a three-year minimum driver’s license suspension.
If a driver is convicted of leaving the scene of a crash with only property damage, they face a second-degree misdemeanor. They can be sentenced to up to 60 days in jail and a fine of $500.
FLHSMV data shows that in 2022, 86,799 hit-and-run crashes involved property damage only (e.g., damage to parked cars or mailboxes).
Florida law is clear that you may not simply leave an accident scene because it looks like no one is around. If you hit and damage someone’s property, you must do the following:
Hitting unattended property and leaving is a crime and a major issue, but it isn’t nearly as serious — or tragic — as the problem of hit-and-run pedestrian accidents in Florida.
For immediate legal assistance from an experienced Fort Lauderdale hit-and-run lawyer, contact our law firm today. Schilling & Silvers Personal Injury & Car Accident Lawyers offers free consultations and is never too busy to speak with you.
The definition of “pedestrian” in Florida state law is somewhat ambiguous. The written law describes pedestrians as people who are “afoot.” That makes it sound like only people who are walking or running count, but Florida recognizes many other people as pedestrians as well, including:
Bicyclists who are riding on the road or in a bike lane are treated as vehicles. That classification can make interpreting data confusing. For that reason, studies on hit-and-run pedestrian accidents in Florida count pedestrians and cyclists separately.
Hit-and-run pedestrian accidents in Florida can be incredibly frustrating. As a victim, you witness the at-fault driver’s disregard for your life and well-being. You also know that if police can’t find the driver, it could prove to be very difficult to recover compensation.
While there is no completely surefire way to identify the driver, the following steps may increase the chances of a successful identification:
Depending on the circumstances and the severity of your injuries, you may not be able to do this. However, if you can, noticing even small details may make a difference. The license plate number will make it easier for police to identify the driver. If you can’t spot the plate, noting the make and model of the vehicle, or even just the color, can help.
If you can’t notice anything, you should in no way blame yourself. There are still multiple other avenues for identifying the driver. Depending on the location of the accident, there may even be traffic cameras or CCTV to draw evidence from.
If you’ve been hit by a driver who fled the scene, you should call 911 immediately to summon an ambulance and ensure that police make an accident report. The police may also be able to gather evidence from the scene, check traffic cameras, or see whether security cameras for local businesses caught anything.
If you don’t immediately need to go to the hospital, you can attempt to talk to any possible witnesses. Other people on foot or drivers who stopped to help you may have gotten a license plate number or a good look at the car.
Drivers whose vehicles are equipped with dashcams may even have footage of the accident. If you can, ask local businesses or homeowners if their security cameras captured any footage.
In some cases, there may not be any clear evidence. However, you should photograph even small things like tire marks or property damage (e.g., if the car hit a light pole while fleeing). You should also document your injuries.
If the police aren’t getting back to you or don’t seem to be taking the matter seriously, reach out to the Florida Department of Transportation (FDOT). If you tell them the date, time, and location of the accident, they may be able to check street surveillance cameras for you.
Posting to your social media pages and in any local social media groups may be more helpful than you think. Someone may have seen the accident or be familiar with the car or driver.
If you are severely injured, it’s worth consulting a Fort Lauderdale personal injury attorney. Personal injury lawyers cannot take on every case they come across, but if an attorney agrees to represent you, they may be able to investigate your accident and help locate the at-fault driver.
Florida is a no-fault state. If your injuries are severe, though, you may be able to file a lawsuit against an at-fault driver. Ideally, the police will locate the driver, and you’ll be able to pursue compensation.
However, there is no guarantee the driver will be found. Even if they are located, it may prove to be difficult or impossible to recover compensation. Many drivers who flee the scene of an accident do so because they don’t have insurance — and most drivers who don’t have insurance can’t afford it.
Fortunately, there are paths forward if you cannot obtain compensation from the at-fault driver or their insurance. Florida has several other options for victims of pedestrian hit-and-run accidents to recover compensation.
If you have car insurance but were on foot at the time of your accident, PIP will typically cover you. If you don’t personally have PIP but live with a relative who does, you may be able to file a claim with their insurance. How much you can recover depends on the severity of your injuries and the policy limit.
Medical Payment Coverage (usually called MedPay) is a car insurance add-on in Florida that will cover your medical expenses after an accident. If you have car insurance with MedPay, it should pay for your medical costs even though you weren’t driving at the time of the accident.
Perhaps you have car insurance but the cost of your medical care and other expenses exceeds what PIP and MedPay can cover. In that case, you may be able to file a claim against your own uninsured/underinsured motorist coverage.
How much you can claim depends on your policy limit. If your initial claim is denied or if you would like help with the process, a personal injury attorney may be able to provide that assistance.
If you’re the victim of a hit-and-run, you’re the victim of a crime. Florida understands that not all crime victims can recover compensation from perpetrators, so the Florida Bureau of Victim Compensation provides financial assistance to victims who need it. You can apply online.
Usually, if a car and a pedestrian collide, the pedestrian suffers the most severe injuries. However, just like in an accident between two cars, a pedestrian can have some level of fault in an accident with a vehicle. Fortunately, under Florida law, you can still receive financial compensation if you contributed to your accident.
Florida uses something called the “doctrine of comparative fault” in pedestrian accidents and other personal injury cases. This means that if you are partially to blame for your accident, you can still receive a financial award. However, it will be reduced by your percentage of fault.
For example, suppose that a car speeds through an intersection and hits you, but you also weren’t supposed to be in the crosswalk at the time. In that case, you might be determined to be 30% at fault for your accident. If you have $100,000 in total damages, the amount you receive would be reduced by 30%, so you would receive $70,000.
Just like drivers, Florida pedestrians are expected to follow traffic laws. These are some of the laws that many pedestrians unintentionally violate:
If you’re at an intersection with traffic signals, you must obey them. If you’re at an intersection that only has traffic lights, you should abide by the traffic lights and only cross when the road is clear.
Florida has these guidelines for crossing streets when traffic is present:
Laws aside, these are also good common-sense guidelines to reduce the risk of a pedestrian accident.
Unfortunately, roads don’t always have crosswalks when you need them. If there are no available crosswalks, you can legally cross when there is no traffic. However, it isn’t legal to step into the path of an oncoming vehicle if the vehicle doesn’t have time to safely stop.
While you can walk along the road, Florida bans standing on or near a road to ask for money, a ride, or a job. It is also not legal to stand in a parking space to guard it for another driver.
Being the victim of a pedestrian accident can be devastating. And if the driver flees the scene, it’s even easier to feel hopeless and alone.
At Schilling & Silvers Personal Injury and Car Accident Lawyers, we’re here to stand up for Floridians who have been harmed by the negligence of others — and we may be able to help you. Get in touch today for a free consultation!
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Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
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Hialeah, FL 33016
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