Key West · Marathon · Islamorada · Key Largo
Pedestrian Accident Lawyer
Florida Keys & Monroe County
Pedestrians struck by vehicles suffer some of the most catastrophic injuries in personal injury law. The Florida Keys — with its narrow roads, heavy tourist traffic, and distracted drivers — is a dangerous place to walk. When a negligent driver injures you, Juan Cordero Lawyers fights for full compensation. No fee unless we win.
Florida's statute of limitations for pedestrian accident claims is two years from the date of the accident. Surveillance footage disappears within days — call us today.
Pedestrian Rights and Driver Duties in Florida
Florida law is clear: drivers must yield to pedestrians in crosswalks and exercise due care to avoid striking any pedestrian on the roadway. Monroe County's tourist economy means thousands of visitors walking unfamiliar streets every day — many near high-speed US-1 traffic and in areas with inadequate pedestrian infrastructure.
Under Fla. Stat. § 316.130, a driver who fails to yield to a pedestrian in a marked crosswalk is committing a traffic violation. That violation is strong evidence of negligence in a personal injury claim. Even outside a marked crosswalk, drivers have an independent duty to exercise reasonable care — a driver who strikes a pedestrian cannot escape liability simply because the pedestrian was not in a designated crossing.
Crosswalk Right of Way
Drivers must yield to pedestrians in all marked crosswalks. Failure to yield is a traffic violation and strong evidence of negligence.
Due Care Duty
Even outside crosswalks, drivers must exercise due care to avoid striking pedestrians. "I didn't see them" is not a defense.
PIP May Apply
Florida PIP can cover pedestrians struck by motor vehicles — through your own auto policy or the driver's. We identify every available source of coverage.
Where Pedestrian Accidents Happen in the Florida Keys
Pedestrian crashes are concentrated along US-1 and in the tourist corridors of Key West, Marathon, Islamorada, and Key Largo.
Common Causes
- Drivers failing to yield to pedestrians in marked crosswalks
- Distracted driving — texting, phone use, or inattention at crosswalks
- Drunk or impaired drivers — a serious problem in the Keys tourist corridor
- Speeding on US-1 and through residential areas
- Failure to stop at stop signs or red lights
- Backing vehicles striking pedestrians in parking lots
- Poor lighting at crosswalks and pedestrian areas at night
- Drivers making right turns without checking for pedestrians
Injuries We Handle
- Traumatic brain injuries — concussions, skull fractures, and diffuse axonal injury
- Spinal cord injuries causing permanent disability or paralysis
- Broken bones — legs, hips, pelvis, arms, and ribs
- Internal organ damage requiring emergency surgery
- Severe road rash and soft tissue injuries
- Facial fractures and dental injuries
- Psychological trauma — PTSD, anxiety, and depression
- Wrongful death when a pedestrian does not survive
What to Do After Being Hit
- Call 911 — get law enforcement and EMS to the scene immediately
- Seek emergency medical care — pedestrian injuries are often more serious than they appear
- Photograph the scene, your injuries, the vehicle, and the crosswalk or road conditions
- Get contact and insurance information from the at-fault driver
- Get names and contact information from any witnesses
- Do not give a recorded statement to the insurance company
- Call Juan Cordero Lawyers — we preserve evidence and protect your claim
Compensation We Pursue
- Medical expenses — emergency care, surgery, hospitalization, rehabilitation
- Future medical costs for ongoing treatment or permanent injuries
- Lost wages during recovery and reduced earning capacity
- Pain and suffering — physical pain and emotional distress
- Loss of enjoyment of life and permanent disability
- Wrongful death damages for surviving family members
Frequently Asked Questions — Pedestrian Accidents in the Florida Keys
Does Florida's PIP law cover pedestrian accident injuries?
Yes, in many cases. Florida's Personal Injury Protection (PIP) law can apply to pedestrians struck by motor vehicles. If you have your own auto insurance policy, your PIP coverage may apply even though you were on foot. If you do not have auto insurance, you may be able to access PIP benefits through the at-fault driver's policy. PIP covers 80% of medical bills and 60% of lost wages up to $10,000. In serious pedestrian accident cases, the negligence claim against the at-fault driver is typically the primary path to full compensation beyond PIP limits.
Who has the right of way — pedestrians or drivers — in the Florida Keys?
Under Florida law (Fla. Stat. § 316.130), drivers must yield the right of way to pedestrians in marked crosswalks and at intersections where a pedestrian is crossing. Drivers must also exercise due care to avoid colliding with any pedestrian on the roadway. A pedestrian who is crossing at a marked crosswalk with the signal has the right of way. Even outside a marked crosswalk, a driver who strikes a pedestrian may be liable if the driver failed to exercise reasonable care.
What if I was jaywalking when I was hit?
Florida follows a modified comparative fault rule (Fla. Stat. § 768.81). If you were jaywalking, your share of fault may be increased — but you can still recover if you are found to be 50% or less at fault. Drivers have an independent duty to exercise reasonable care and avoid striking pedestrians, even those who are not in a crosswalk. Insurance companies will try to maximize your share of fault to reduce or eliminate their payout. We build the evidence to keep your fault percentage where it belongs.
What if the driver who hit me fled the scene?
Hit-and-run pedestrian accidents are unfortunately common in the Florida Keys. If the driver fled, you may be able to recover through your own uninsured motorist (UM) coverage if you have an auto insurance policy. UM coverage can apply to pedestrian hit-and-run accidents in Florida. We also work with law enforcement and investigate independently to identify hit-and-run drivers whenever possible.
Can I sue if I was hit in a hotel or resort parking lot?
Yes. Drivers in parking lots have the same duty of care as drivers on public roads. A driver who backs into a pedestrian, fails to yield at a parking lot exit, or drives recklessly through a parking lot can be held liable. In some cases, the property owner may also have liability if the parking lot was poorly designed, inadequately lit, or lacked proper pedestrian safety features.
What if I was a tourist visiting the Keys when I was hit?
Your right to compensation is the same whether you are a Florida resident or a tourist visiting the Keys. Florida law applies to accidents that occur in Florida regardless of where you live. We regularly represent out-of-state clients in Florida Keys pedestrian accident cases. We handle everything remotely — you do not need to return to Florida for most of the process.
How long do I have to file a pedestrian accident lawsuit in Florida?
Florida's statute of limitations for negligence claims is two years from the date of the accident (Fla. Stat. § 95.11(3)(a), as amended effective 2023). Missing this deadline almost always bars your claim entirely. Contact an attorney as soon as possible — evidence disappears, surveillance footage is overwritten, and witnesses' memories fade.
Hit by a Car in the Florida Keys?
Call Juan Cordero Lawyers for a free consultation. We represent pedestrians injured throughout Monroe County — Key West, Marathon, Islamorada, and Key Largo. No fee unless we win.