If you were hit by a car while walking in Tampa, a Tampa pedestrian accident lawyer can help you recover money for your medical bills, lost wages, and pain and suffering. Martin J. Hernandez represents injured pedestrians and their families throughout Tampa and Hillsborough County, and he knows how to hold careless drivers and their insurance companies accountable.
Pedestrians have no steel frame, no airbags, and no seatbelts to protect them. When a driver is distracted, speeding, or impaired, the person on foot pays the price, often with broken bones, brain injuries, or worse. The medical bills pile up fast, the insurance company starts calling, and it can feel like the deck is stacked against you. It does not have to be. Below are answers to the questions injured pedestrians ask us most, followed by everything you need to know about your rights under Florida law.
Tampa Pedestrian Accident FAQ
Nothing up front. We work on a contingency fee, which means you pay no attorney fees unless we recover money for you. Your first consultation is always free, so there is no risk in finding out where you stand.
It depends on the severity of your injuries, your total medical costs, your lost income, and how the crash happened. A minor injury claim looks very different from one involving surgery, permanent disability, or a brain injury. The best way to find out what your case is worth is a free case review with an experienced Tampa pedestrian accident lawyer.
You may still have a claim. Drivers have a legal duty to avoid hitting pedestrians even when they are outside a crosswalk, and Florida’s comparative negligence rule lets you recover compensation as long as you were not more than 50% at fault. We regularly help clients who were struck outside the lines.
You can still recover money as long as you were 50% or less at fault. Your compensation is simply reduced by your share of the blame. Insurance companies love to pin fault on the pedestrian to pay you less, which is exactly why it helps to have a lawyer pushing back on your behalf.
No. The insurance adjuster is not on your side, and anything you say can be used to reduce or deny your claim. Politely decline to give a recorded statement and speak with a lawyer first. We handle all communication with the insurance company so you do not accidentally hurt your own case.
You may still recover through your own uninsured motorist coverage or PIP benefits. Report the hit and run to police right away and call us. We help identify the driver whenever possible and pursue every available source of compensation.
If you do not have your own auto insurance, Personal Injury Protection coverage from the vehicle that struck you may apply. These rules get complicated quickly, especially when more than one policy is involved, so call us and we will sort out which coverage pays for your treatment.
For accidents on or after March 24, 2023, you have two years from the date of the crash to file a lawsuit. Waiting can cost you the right to recover anything, and evidence disappears fast, so it is best to contact a lawyer as soon as possible.
Some cases settle in a few months, while others take a year or more, especially when injuries are serious or the insurance company refuses to offer a fair amount. We move as quickly as your recovery allows and keep you updated at every step.
Most pedestrian accident claims settle without a trial. But insurance companies pay fair value far more often when they know your lawyer is fully prepared to take the case to court, and we always prepare every case as if it will go the distance.

How Dangerous Are Tampa Streets for Pedestrians?
Florida is one of the most dangerous states in the country for people on foot. In 2024, 668 pedestrians were killed on Florida roads, according to the National Highway Traffic Safety Administration. The state ranks near the top of the nation for pedestrian deaths year after year, and the numbers have trended in the wrong direction over the past several years.
Hillsborough County sees hundreds of pedestrian crashes annually, and the large majority of them cause injury, a far higher rate than typical vehicle to vehicle collisions. That is not a coincidence. Tampa was built around the car, with wide, fast roadways, long distances between crosswalks, and busy intersections where drivers turn without looking. Add heavy tourist traffic, year round warm weather that keeps people walking, and stretches of road with poor lighting or missing sidewalks, and you have conditions that put pedestrians in harm’s way every day.
Behind every one of those numbers is a real person, a family, and a life turned upside down in a moment. If a negligent driver hurt you or someone you love, you deserve to know your rights and what comes next.
Florida Pedestrian Accident Laws You Should Know
Florida Is a No Fault State
Florida uses a no fault insurance system, which means your own Personal Injury Protection coverage pays first after a crash, regardless of who caused it. PIP benefits cover 80% of your medical bills and 60% of your lost wages, up to your policy limit. PIP is helpful, but it rarely comes close to covering the true cost of a serious pedestrian injury. When your injuries meet Florida’s threshold for a serious injury, you can step outside the no fault system and pursue a full claim against the at fault driver, including compensation for pain and suffering that PIP does not pay.
You Can Recover Even If You Were Partly at Fault
Florida follows a modified comparative negligence rule. You can still recover compensation if you were partly responsible for the crash, but your recovery is reduced by your percentage of fault, and if you are found more than 50% at fault, you cannot recover at all. This is one of the biggest reasons insurance companies fight so hard to blame the pedestrian. An experienced lawyer knows how to gather the evidence, from traffic camera footage to witness statements, that keeps the blame where it belongs.
You Have Two Years to File
Since March 24, 2023, the deadline to file a personal injury lawsuit in Florida is two years from the date of the accident. Miss that window and you lose the right to recover anything, no matter how strong your case is. Evidence also fades quickly, witnesses move or forget details, and skid marks and signals get repaired, so the sooner you act, the stronger your case will be.
Drivers Must Yield the Right of Way
Florida law requires drivers to yield to pedestrians in crosswalks and to use due care to avoid hitting anyone on the road. That duty does not vanish the moment a pedestrian steps outside a crosswalk. We regularly help clients who were struck inside a crosswalk, and we also represent pedestrians hit outside of one. Being outside the lines does not automatically end your claim, and you should never assume you have no case without talking to a lawyer first.
Common Causes of Tampa Pedestrian Accidents
Most pedestrian crashes come down to a driver who was not paying attention or not following the rules of the road. The causes we see again and again include:
- Distracted driving. Texting, scrolling, or looking away for even a second is often enough to miss a person crossing the street.
- Failure to yield. Drivers who roll through crosswalks or turn without checking for pedestrians cause a huge share of these crashes.
- Speeding and aggressive driving. Higher speeds mean less time to stop and far deadlier impacts.
- Drunk and impaired driving. Impaired drivers have slower reactions and poor judgment, a dangerous mix for anyone on foot.
- Turning vehicles. Drivers focused on oncoming traffic often fail to see a pedestrian legally crossing.
- Poor lighting and missing sidewalks. Dark roads and gaps in pedestrian infrastructure leave people with nowhere safe to walk.
- Hit and run drivers. Some drivers panic and flee, leaving the injured pedestrian behind.
Common Pedestrian Accident Injuries
Because there is nothing between a pedestrian and a moving vehicle, injuries tend to be severe and life changing. The cases we handle often involve:
- Traumatic brain injuries and concussions, which can affect memory, mood, and the ability to work for years.
- Spinal cord injuries and paralysis, which may require lifelong care.
- Broken bones and crush injuries, often needing surgery, hardware, and long rehabilitation.
- Internal bleeding and organ damage, which can be life threatening without immediate treatment.
- Road rash, deep lacerations, and permanent scarring, that leave lasting physical and emotional marks.
- Wrongful death in the most tragic cases, leaving families to grieve and to face sudden financial strain.
Some of these injuries, especially brain injuries, do not show their full effect right away, which is why prompt medical care and legal advice are so important.

What to Do After a Pedestrian Accident in Tampa
What you do in the hours and days after a crash can make or break your claim. If you are able, take these steps:
- Call 911. Report the crash and ask for medical help at the scene. A police report creates an official record of what happened.
- Get medical care right away. See a doctor even if you feel okay. Some injuries hide for days, and a gap in treatment gives the insurer a reason to deny your claim.
- Document everything. Take photos of the scene, the vehicle, the road, your injuries, and anything else that helps show what happened.
- Collect information. Get the driver’s name, phone number, insurance, and license plate, along with contact details for any witnesses.
- Do not admit fault or downplay your injuries. Even a casual “I’m fine” can be twisted against you later.
- Do not talk to the insurance company. Let a lawyer handle those conversations so you do not say something that hurts your case.
- Call a Tampa pedestrian accident lawyer. The sooner we start, the better we can protect the evidence and build your claim.
Compensation You May Be Able to Recover
As your Tampa pedestrian accident lawyer, we pursue every dollar you are owed. Compensation generally falls into two categories. Economic damages cover your measurable financial losses, and non economic damages cover the human toll of your injuries. Depending on your case, you may be able to recover:
- Current and future medical bills
- Long term care, therapy, and rehabilitation
- Lost wages and reduced future earning capacity
- Pain and suffering
- Permanent disability and disfigurement
- Loss of enjoyment of life
- Property damage
- Funeral and burial costs in a wrongful death claim
We build your claim around the full picture of how the crash has changed your life, not just the stack of bills on your kitchen table.
How a Tampa Pedestrian Accident Lawyer Helps Your Case
You focus on healing. We handle everything else. That means investigating the crash, gathering police reports and camera footage, tracking down witnesses, working with medical providers to document your injuries, calculating the true value of your losses, and negotiating hard with the insurance company. If they refuse to offer a fair amount, we are ready to file suit and take your case to trial. Insurance companies keep track of which firms will actually go to court, and that reputation often means the difference between a lowball offer and a fair recovery.

Why Choose Martin Hernandez, P.A.
The law firm of Martin Hernandez, P.A. represents pedestrians and their families injured by negligent motorists. We know the Tampa courts, the local roads, and the tactics insurance companies use to pay you less than you deserve. When you hire our firm, you get personal attention from an experienced Tampa injury attorney, not a case number lost in a huge caseload.
- Free consultations, available 24/7
- No fee unless we win your case
- Se habla espaƱol
- Personal, hands on attention from start to finish
- A track record of standing up to insurance companies
If you were involved in a pedestrian accident in the Tampa Bay area, call Tampa Personal Injury Attorney Martin J. Hernandez at 813-755-9500.
Areas We Serve
The Hernandez Firm handles pedestrian accident cases throughout Tampa, South Tampa, and West Tampa, including Town ‘n’ Country, Brandon, Riverview, Westchase, Hyde Park, Culbreath, Westshore, Palma Ceia, and Gulfview. We serve all of Hillsborough County and the state of Florida, including ZIP codes 33635, 33615, 33634, 33626, 33625, 33508, 33509, 33510, 33511, 33568, 33569, 33578, and 33579.

Contact a Tampa Pedestrian Accident Lawyer Today
You do not have to face the insurance company alone, and you do not have to figure this out on your own. Get a free consultation with a Tampa pedestrian accident lawyer who will fight for the compensation you deserve.
Call 813-755-9500, text us now, or email us for your free case review. There is no fee unless we win.