Motorcycles, Trucks, Bikes, Pedestrians & Boats

What if I was hit as a pedestrian in a crosswalk?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Generally a strong position — but expect an argument that you stepped out or weren't visible.

Drivers must yield to pedestrians lawfully within a crosswalk, and a driver who fails to is generally at fault.

PIP applies to you through your own or a resident relative's auto policy, subject to the 14-day rule.

What the defense will argue. That you entered against a signal. That you stepped off the curb suddenly. That you were outside the marked crosswalk. That you were on a phone. That dark clothing at night made you invisible.

What answers it. Signal timing data, obtainable from the traffic agency. Nearby camera footage. Witness accounts. And physical evidence — the point of impact and where you came to rest tell a reconstruction expert a great deal.

Unmarked crosswalks exist. At many intersections a crosswalk exists whether or not it's painted, which surprises people who assume no lines means no crosswalk.

Severity is the other feature. Pedestrian injuries are typically serious, PIP is exhausted immediately, and available coverage becomes the constraint — which makes uninsured motorist coverage critical.

Ask for the signal timing data early. It's a record and it settles arguments. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.