Carol-Lynn Roman | August 19, 2025 | Pedestrian Accidents, Personal Injury
After a pedestrian accident in Clearwater, you can file a claim to pursue compensation for your injuries and losses. A Clearwater personal injury attorney works to hold a negligent driver accountable and helps you seek the compensation available under Florida law.
A collision with a vehicle brings up serious questions about protecting your rights and securing your financial recovery. Gaining clarity on the claims process gives you the power to make informed choices for your future.
Key Takeaways
- The driver’s insurance company may contact you quickly, but you aren’t legally obligated to provide them with a recorded statement.
- Florida’s comparative negligence rule means you may still recover compensation even if you’re found partially at fault for the incident.
- Your Personal Injury Protection (PIP) insurance is the primary source of coverage for your initial medical bills, regardless of fault.
Determining Fault in a Clearwater Pedestrian Accident
Proving the driver was negligent is the foundation of your claim. Negligence means the driver failed to operate their vehicle with reasonable care, and that failure led to your injuries. Drivers have a duty to watch for pedestrians and yield the right-of-way in many situations.
A driver’s negligence might involve many different actions, and a thorough investigation can uncover the specific cause of the crash.
Some common forms of driver negligence that lead to pedestrian accidents in Clearwater include:
- Distracted Driving: A driver who is texting, talking on the phone, or adjusting their GPS is not paying attention to the road. These distractions cause them to miss seeing a pedestrian in a crosswalk on Cleveland Street or near the busy corridors of U.S. Highway 19.
- Speeding: A driver who exceeds the speed limit has less time to react to a pedestrian. Speeding is especially dangerous in residential neighborhoods or areas with heavy foot traffic, like near Clearwater Beach.
- Failing To Yield: Drivers must yield to pedestrians in marked crosswalks. They often fail to do so when turning right on red lights.
- Driving Under the Influence: A driver impaired by alcohol or drugs has compromised judgment and reaction times. This reckless choice puts every pedestrian in Pinellas County at risk of a devastating collision.
The Role of Evidence in Your Clearwater Pedestrian Accident Claim
A strong claim depends on substantial evidence. Evidence tells the story of what happened and demonstrates the extent of your losses from the collision. You can start collecting evidence right away to support your case.
Gathering Key Documents
Several official documents form the backbone of your claim. These records provide objective facts about the incident and your resulting medical needs. Your attorney gathers and organizes these papers to build your case.
The police report contains the officer’s initial findings, diagrams of the scene, and witness information. Your medical records from Morton Plant Hospital or other providers detail your injuries, treatments, and future prognosis.
Your own notes about the incident, your pain levels, and how the injuries affect your daily life also serve as valuable evidence.
Preserving Physical Proof
Physical proof helps to paint a vivid picture for the insurance company or a jury. Pictures and videos capture the scene in a way that documents alone cannot. This evidence is a direct link to the moments of the accident.
Photos of the accident location, like a damaged crosswalk sign or poor lighting conditions near Sand Key, are helpful. If possible, photograph the vehicle that struck you. Keep the clothing and shoes you wore at the time of the incident in a safe place, as they may contain evidence.
Types of Compensation Available in a Clearwater Pedestrian Accident Claim
A successful pedestrian accident claim provides financial recovery for the different ways the injury has impacted your life. The at-fault driver and their insurance company are responsible for covering your losses. A thorough claim calculates and documents all available damages.
These typically include:
- Medical Expenses: This covers all costs related to your injuries. It includes everything from the initial emergency room visit and hospital stay to future needs like physical therapy, medication, and necessary medical equipment.
- Lost Wages: This compensates you for the income you lost while unable to work and recover. It also includes loss of future earning capacity if your injuries prevent you from returning to your previous job or working at all.
- Property Damage: This payment covers the cost of repairing or replacing any personal property damaged in the accident, such as a phone, glasses, or other items you were carrying.
- Pain and Suffering: This compensation addresses the physical pain and emotional distress you have endured because of the accident.
- Other Losses: This category may include compensation for permanent scarring or disfigurement, loss of enjoyment of life, and other out-of-pocket expenses related to the accident.
Avoid These Common Pitfalls in a Pedestrian Accident Claim
You can protect the value of your claim by avoiding certain actions. Insurance companies look for any reason to question the severity of your injuries or the facts of the accident.
Steering clear of these mistakes helps your case:
- Posting on Social Media: Refrain from posting photos, videos, or updates about your accident, your recovery, or your daily activities. An insurer can easily take an innocent post out of context to argue that your injuries aren’t as serious as you claim.
- Accepting a Quick Settlement: The at-fault driver’s insurer may offer you a settlement soon after the crash. These initial offers rarely account for the full cost of your future medical care or lost income.
- Delaying Your Medical Treatment: Follow through with all doctor’s appointments, physical therapy sessions, and prescribed medical care. Gaps in treatment give an insurance company an opening to argue that you’re not truly injured or that another event caused your injuries.
Florida’s Laws and Your Injury Claim
Florida law dictates how your claim proceeds. Two key legal concepts are comparative negligence and the statute of limitations. These rules directly impact your ability to file a claim and the amount of compensation you may receive after being hit by a car in Clearwater.
Modified Comparative Negligence
Florida follows a modified comparative negligence rule, which means your percentage of fault reduces your compensation. If you’re found to be more than 50% responsible for the accident, you’re barred from recovering any damages.
For instance, the insurance company might argue you were looking at your phone while crossing Drew Street. Even if the driver was speeding, the insurer may assign you a percentage of the blame to reduce their payout.
An attorney challenges these unfair attempts to shift responsibility and protects your right to seek financial recovery.
The Statute of Limitations
You have a limited time to file a lawsuit for a personal injury claim in Florida. For most negligence cases, including pedestrian accidents, the statute of limitations is now two years from the date of the incident.
This deadline is strict; if you fail to file a lawsuit within this two-year window, the court will almost certainly dismiss your case. This action means you lose the right to seek any compensation from the at-fault driver.
Contacting a personal injury attorney soon after your accident allows them ample time to investigate, prepare, and file your claim before this deadline for your Clearwater pedestrian accident claim expires.
How a Lawyer Helps With Your Clearwater Pedestrian Injury Claim
A personal injury lawyer acts as your advocate through every stage of the claims process. They manage the complexities so you can focus on healing from the harm after being struck by a vehicle in Clearwater.
Conducting a Full Investigation
Your lawyer launches an independent investigation into the crash. They gather evidence that the insurance company might overlook or ignore. Their work aims to establish who is responsible for the accident and your subsequent injuries.
Your legal team may visit the accident scene, interview witnesses, secure surveillance footage from nearby businesses in Downtown Clearwater, and pull the driver’s records.
Calculating the Total Value of Your Claim
Determining the full value of your claim is a detailed process, so your attorney works with you and various experts to account for all of your past, current, and future losses. A premature settlement offer from an insurer almost never covers the full extent of your damages.
To get a complete picture of your damages, your lawyer will collect your medical bills and project future medical costs with your doctors’ input. They calculate all lost income and work with financial experts to assess any long-term impact on your earning potential.
They also place a value on your pain and suffering based on the severity of your injuries and the effect on your life.
Handling All Communication
Your lawyer becomes the single point of contact for everyone involved in the claim. This step protects you from the tactics of insurance adjusters who are trained to get you to say something that weakens your case.
All phone calls, emails, and requests for information from the insurance companies go directly to your attorney. This prevents you from making a statement that might be used against you later.
Pursuing a Favorable Settlement
The majority of pedestrian injury claims resolve through a negotiated settlement, not a trial. Your lawyer delivers a comprehensive demand letter to the insurance company that outlines your case, details the evidence of the driver’s fault, and demands fair compensation for your damages.
Your attorney then negotiates with the insurance adjuster. They can counter lowball offers and argue on your behalf, leveraging the strength of your case to press for a full settlement.
If the insurance company refuses to offer a fair amount, your lawyer can file a lawsuit and take your case to court.
FAQ for Pedestrian vs. Vehicle Collisions in Clearwater
What Is the First Step in Filing a Claim?
The first step is to report the accident to the relevant insurance companies. You have to file a claim with your own Personal Injury Protection (PIP) insurance first for your initial medical bills.
Then, you notify the at-fault driver’s insurance company that you’re opening a third-party claim for damages not covered by your PIP, such as pain and suffering.
Do I Have To Give a Recorded Statement to the Other Driver’s Insurance?
You’re not required to give a recorded statement to the at-fault driver’s insurance company. Adjusters often use these statements to find reasons to deny or devalue your claim. It’s best to decline their request and direct all communication to your pedestrian accident attorney.
What if the Driver Who Hit Me Was Uninsured?
If an uninsured or underinsured driver struck you, you may still have options for financial recovery. You might file a claim through your own Uninsured/Underinsured Motorist (UM/UIM) coverage if you have it.
This coverage is specifically for situations like this and acts as a substitute for the at-fault driver’s lack of insurance.
How Does a Clearwater Pedestrian Accident Lawyer Value My Pain and Suffering?
There is no simple formula for valuing pain and suffering. Lawyers usually calculate this non-economic damage based on several factors, including the severity of your injuries, your medical bills, the length of your recovery period, and whether you have any permanent impairments.
An attorney uses their experience with similar cases in Pinellas County to determine a fair value for this portion of your claim.
Do I Still Have a Case if I Was Jaywalking?
Yes, you likely still have a case even if you were jaywalking. Florida law uses a comparative negligence standard, which means it looks at the fault of every person involved in an accident. A driver’s duty to stay aware of their surroundings and avoid collisions doesn’t disappear just because a pedestrian is crossing outside of a marked crosswalk.
For example, the driver may have been speeding, texting, or otherwise distracted, which means they share responsibility for the crash. Your final compensation award would be reduced by your percentage of fault, but the driver may still be held liable for their share.
Your Path to Justice Begins Here
A collision throws your life off course, but you don’t have to find your way back alone. Taking decisive action is the first step toward stability and holding the responsible party accountable for their actions. You have the right to seek justice.
When you’re ready to move forward, the team at Roman Austin Car Accident and Personal Injury Lawyers is here to fight for you. We understand what you’re facing and are prepared to stand up to the insurance companies on your behalf.
For a free, no-obligation consultation to discuss your Clearwater pedestrian accident claim, call us at (727) 787-2500.