Peter Catania | November 3, 2025 | Pedestrian Accidents
Being hit by a car while crossing the street is a frightening and challenging experience. As a pedestrian, you are far more vulnerable than a driver, and the injuries that follow can profoundly affect your health, your finances, and your daily life. The shock of the event often leaves people unsure of where to turn or what steps to take next. Florida law provides essential protections for pedestrians, and understanding those rights is the first step toward recovery.
At Catania and Catania, we have seen firsthand how these incidents disrupt lives, from mounting medical bills to the stress of missed work. We are here to guide you through the legal options available with compassion and determination.
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call us (813) 547-6434Why You Likely Have a Case?
Florida law requires drivers to exercise caution and yield to pedestrians in crosswalks. In many situations, the driver will be held responsible when a pedestrian is struck. According to Florida Statute § 316.062, Duty to Give Information and Render Aid, a driver involved in a crash must stop, provide identifying information, and assist anyone injured. Failure to do so can result in both civil and criminal consequences.
Because pedestrians generally have the right of way in marked crossings, most victims have grounds to file a personal injury claim. Compensation may cover medical expenses, lost income, and pain and suffering. The specifics of your case, including your injuries and the circumstances of the accident, will determine your eligibility for compensation. To maximize your chances, seek medical treatment, document all details of the accident, get the driver’s information, call the police to create a report, and consult a personal injury attorney as soon as possible.
In many claims, liability is clear, but in some situations, the driver may attempt to argue that the pedestrian acted negligently. This is where the quality of the evidence and how your story is presented make all the difference. A skilled attorney will examine video surveillance, interview witnesses, and obtain expert opinions to show how the driver’s actions directly caused your injuries.
Steps to Take Immediately
In the immediate aftermath of a pedestrian accident, your priority should always be your health, followed closely by preserving evidence that could support your claim. Taking a few practical steps can make a lasting difference:
- Get medical attention right away, even if you feel fine. Some injuries are hidden or take hours to appear.
- Contact law enforcement so that an official crash report is created.
- Collect the driver’s name, address, and insurance details.
- Ask for the names and contact information of any witnesses.
- Use your phone to capture photos of the accident scene, your injuries, and any damage to personal items.
By acting quickly, you build a reliable record that later strengthens your case.
Keeping a clear trail of your recovery on paper is equally important. Save every medical record, test result, and receipt related to treatment. These documents help show the seriousness of your injuries and the financial burden they place on you. Many people also find it helpful to write in a daily journal about how the injuries affect their routine, sleep, or emotional state. This kind of personal record often provides powerful insight into the real impact of the accident.
When You May Not Have a Case (or Have a Reduced Claim)?
There are circumstances where your ability to recover damages may be limited. Under Florida Statute § 768.81, Comparative Fault, Florida follows the doctrine of comparative negligence. This means your compensation can be reduced if you were partly responsible for the accident, such as crossing outside a designated crosswalk or ignoring traffic signals. However, even if you share fault, you may still recover some damages proportionate to the driver’s responsibility.
For example, if a pedestrian crosses the street at night wearing dark clothing outside of a crosswalk, a court could assign part of the blame to the pedestrian. If the pedestrian is found to be 30 percent at fault, their total compensation would be reduced by that percentage. This rule reflects Florida’s approach to fairness, where both parties’ actions are considered. It also means that building a strong argument to minimize any suggestion of fault is essential in securing the highest possible recovery.
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What to Expect Next?
Once you have received medical treatment and gathered initial evidence, the legal process usually follows several stages:
- Filing a claim with the at-fault driver’s insurance company.
- Investigating responsibility through accident reports, witness statements, and expert analysis.
- Assessing damages may include hospital bills, rehabilitation costs, lost wages, and the physical and emotional toll of the injuries.
- Entering settlement negotiations or, if necessary, moving forward with litigation when fair compensation is not offered.
This process often takes time. Insurers may question the seriousness of your injuries or suggest that specific treatments were unnecessary. Initial settlement offers are frequently too low, failing to account for long-term care, therapy, or the effect on your ability to work. With an attorney on your side, you have an advocate who will challenge these tactics and ensure every aspect of your loss is addressed.
In some cases, preparing for trial becomes critical, even if the matter is eventually resolved outside of court. Thorough preparation demonstrates that your claim is supported by evidence and will be pursued to the fullest if needed. This approach often motivates the other side to offer a fairer resolution, reducing the likelihood of an exhausting courtroom experience.
Get Trusted Legal Counsel
Being hit while walking across the street can instantly change everything, leaving you unsure of what comes next. The path to recovery may feel uncertain, but you do not need to shoulder that burden alone. At Catania and Catania, we are committed to protecting the rights of pedestrians harmed by careless drivers and fighting for the compensation needed to rebuild your life.
Whether it involves medical expenses, lost wages, or the emotional toll of the accident, our team works tirelessly to ensure your story is heard and your future protected. Call us today at (813) 222-8656 to discuss your case and learn how we can stand with you during this difficult time.
Peter F. Catania
A Tampa injury attorney holds a B.A. from the University of Florida and a J.D. from Loyola University. He is a member of the Trial Lawyers of America and the Academy of Florida Trial Lawyers.
He started his career as a defense lawyer for insurance companies, gaining valuable insight into the industry. In 1992, he co-founded Catania & Catania with his brother to advocate for injury victims in Florida. As seen in the AV preeminent awards.
