Pedestrian accident lawyers in Tampa can help you if you’re hurt in an accident. As a pedestrian, you have rights when you’re the victim of an accident. The legal team at Jack Bernstein, Injury Attorneys, can represent you as your pedestrian accident lawyers in Tampa. We can help you claim the compensation that you deserve and get the help you need after a pedestrian accident in Florida.

Our Pedestrian Accident Legal Team in Tampa

The pedestrian accident lawyers in Tampa at Jack Bernstein, Injury Attorneys, are an aggressive and seasoned team of litigators who represent accident victims. As the victim of a pedestrian accident, you have multiple avenues to seek compensation.

With pedestrian accident lawyers in Tampa, you have a team of professionals prepared to evaluate your case, take the right steps, and develop a legal strategy that’s calculated for your success. At Jack Bernstein, Injury Attorneys, you have a legal team of more than 40 members, who are dedicated to your success.

What Are the Florida Pedestrian Accident Laws?

The Florida pedestrian accident laws are found in Florida Statutes 316.130.[1] The laws create rules for how pedestrians behave on the roads. Of course, there are also rules for how vehicle drivers must behave on the roads.

For example, pedestrians must obey walk signals. They may not walk on the street if there’s a sidewalk. A driver must stop at a crosswalk to allow a pedestrian to cross. One driver may not overtake another driver who is stopped at a crosswalk.

The Dangers of Being a Pedestrian

Before Pedestrian Accident

Walking is something that many people in Tampa, Florida enjoy. Tampa has beautiful weather, and many people like to take advantage of it by taking a walk. Others walk for exercise and to clear their minds. When most people go for a walk, they do not think about all of the horrible things that can potentially happen to them.

Unfortunately, pedestrian accidents are common. It is estimated that 8,000 pedestrians in Florida are involved in an accident each year. Most pedestrians who are struck by a car are injured. In fact, it is estimated that 7,500 Florida pedestrians are injured each year. Five hundred pedestrians die each year in Florida.

Do I Have a Pedestrian Accident Claim in Tampa?

You have a pedestrian accident claim in Tampa if you’re hurt in an accident involving a vehicle. In most cases, you have a way to seek compensation, no matter who is responsible for the accident. However, multiple avenues may be appropriate to make your claim.Whether you file a first-party or third-party claim based on the circumstances of your situation, the insurance company wants to know that your injuries were caused by the accident before they award you any compensation. That’s why it is important to contact an experienced attorney. An attorney can prove that your injuries were the result of the pedestrian accident. They will fight hard to make sure you are properly compensated.

What Do Florida Pedestrian Laws Mean for Accident Victims?

For Florida pedestrian accident victims, Florida laws for drivers and pedestrians are significant. When an accident occurs, the law looks at the actions of everyone involved. If a vehicle driver or a pedestrian violates a law that applies to them, the legal violation is a strong presumption that their actions are negligence under Florida civil law.However, even if you break a law, that doesn’t necessarily mean that you can’t bring a legal claim for compensation. Determining your rights after a pedestrian accident can be complicated. It’s essential to speak to an experienced Tampa pedestrian accident attorney to determine your legal rights.

How Does a Pedestrian Accident Attorney in Tampa Help Me?

A pedestrian accident attorney handles everything that you need to do to win compensation for your pedestrian accident case. You can expect our pedestrian accident attorneys in Tampa to handle all of the following:

  • Evaluating your case to determine if you have a first-party claim, third-party claim or both types of claims
  • Honest and informed guidance about the value of your case, the strength of your case, and what you can expect in a legal claim
  • Direct negotiation with the insurance companies in hopes of resolving the case as expeditiously as possible
  • Preparing legal documents and formal filing of the case in court
  • Discovery to build the evidence and fully value all damages that you can claim
  • Legal strategy to ensure preparation for trial
  • Representation through non-trial resolution procedures including mediation and settlement offers
  • Appearance at trial; collection of judgment

Pedestrian Accident No-Fault Claim

First, even though you’re not in a vehicle, there’s a good chance that your no-fault insurance is available to pay direct reimbursement of medical bills. Your no-fault, first-party car insurance policy may apply to pay compensation when you’re a pedestrian in an accident. Even if you don’t have insurance, if someone in your household has no-fault insurance, that insurance policy may pay first-party benefits.

In a first-party case, you don’t have to prove that the other party is at fault for the accident. Instead, you simply have to show that you have injuries because of the accident. A first-party claim doesn’t include compensation for pain and suffering; however, it can cover your medical bills without your having to prove fault for how the accident occurred.

Pedestrian Accident Third-Party Negligence Claim

Second, you may qualify to bring a claim against the vehicle driver who is responsible for the accident. If you don’t have no-fault insurance, you may be able to use the vehicle driver’s no-fault insurance to pay your medical bills. The driver’s no-fault insurance may be the sole avenue for recovery if your injuries are minor.

However, if your injuries are serious or permanent, you may qualify to bring a third-party negligence claim for compensation. The claim is based on meeting an injury threshold for injuries that are particularly severe, disfiguring, or permanent. The vehicle driver must be legally responsible for the accident.

In a third-party negligence claim, you may claim damages that include pain and suffering. Non-economic damages can raise the value of your claim significantly. You may recover payment through the other driver’s insurance company or directly from the other driver’s personal resources.

Causes of Pedestrian Accidents

Anyone can get injured in a pedestrian accident. However, there are some people who are at a greater risk for getting injured in an accident than others.

  • People who are in a hurry to get where they are going are less likely to look before crossing the street. That is why they are at a greater risk for getting injured.
  • The time of day one crosses the street can also increase his or her chances of getting hit. Most fatal pedestrian accidents occur between the hours of 6 p.m. and 12 a.m. Impaired driver vision is one of the reasons pedestrians are more likely to be injured while crossing the street at night.
  • Alcohol intoxication also plays a role in pedestrian accidents. It is estimated that 40 percent of pedestrians who are involved in a fatal car accident were intoxicated at the time of the accident. Pedestrian accidents are more likely to occur at non-intersections.
  • Age is another risk factor for pedestrian accidents. Children who are under the age of 14 make up 58 percent of fatal pedestrian accidents. Although people who are over the age of 65 only make up 12 percent of the population, they make up 16 percent of fatal pedestrian accidents.

Why Choose Jack Bernstein, Injury Attorneys?

At Jack Bernstein, Injury Attorneys, we believe that it’s important to thoroughly prepare a strong case. Through careful preparation of lay witnesses, expert testimony, medical evidence, and accident reconstruction efforts, our team diligently develops your case. We’re trial lawyers. If you choose to take your case to trial, we march into the courtroom on your behalf. We choose the jury carefully, and we make legal arguments on your behalf, present evidence, and question witnesses. Our team is prepared and experienced to be effective courtroom litigators.

However, we also aggressively pursue settlement negotiations. With strong case preparation, we put you in a position to resolve your case without going to trial. In addition, our legal team gives you the information and guidance that you need to make the best decisions about whether to resolve your case or proceed to trial.

Contact Our Tampa Pedestrian Accident Attorneys

If you’ve been in a pedestrian accident, call our Tampa pedestrian accident attorneys for an immediate consultation. We’re standing by to get to know you and explain what you might stand to receive in your pedestrian accident case. Contact us today.


[1] FLA. STAT. § 316.130 (2023)

Tampa Car Accident + Personal Injury Lawyers

Jack Bernstein Personal Injury Attorney

For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.

Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.

Free Case Evaluation

No Fees Unless We Win

No upfront fees, no risk, and no out of pocket cost to you or your family.

Entirely confidential – we respect your privacy, consultations are privileged.