Sarasota Pedestrian Accident Lawyer
The claim starts from an unequal position
A pedestrian hit by a car has no metal around them, no airbag and no crumple zone. The injuries are almost always worse than the driver's, and the driver is almost always the one still standing at the scene giving an account of what happened. By the time anyone asks the pedestrian what they saw, days have passed and the version already in the file is the driver's.
I am David Harris. I have represented injured people across Sarasota County since 2003, and pedestrian claims are among the ones where the first fortnight decides the most.
Your own car insurance pays first, even though you were walking
Personal Injury Protection
Personal injury protection (PIP) is auto insurance that pays for medical bills and sometimes lost wages after a crash, no matter who caused it. A car accident lawyer in Sarasota can help you coordinate PIP benefits with your liability claim.
Fault
Fault is a legal term describing who is responsible for causing an accident. Proving that another driver, property owner, or business was at fault is essential to recovering money for your injuries and losses.
If you do not own a car, PIP may still be available through a resident relative's policy. Section 627.736 of the Florida Statutes sets the terms, including the one that catches people out: initial treatment must happen within fourteen days of the crash or the benefit is gone.
Being outside a crosswalk is not the end of the claim
The other insurer's opening move is usually to point out that you crossed mid-block. Florida does require a pedestrian outside a marked crosswalk to yield to vehicles, so there is something real behind the argument. It is not the whole analysis.
A driver still owes a duty to keep a proper lookout and to drive at a speed reasonable for the conditions. On a lit commercial corridor with people visibly moving between plazas, or at dusk on a residential street near a school, that duty has teeth. What matters is the evidence:
- Where the impact occurred relative to the nearest crossing, which the responding agency measures
- The posted speed against the speed actually travelled
- Lighting at the time, and whether anything blocked the driver's view
- Whether the driver was distracted, which phone records can show
Negligence
Negligence is the failure to use reasonable care, such as texting while driving or ignoring a spill on a store floor. Personal injury claims are built on proving that someone’s negligence directly caused your injuries.
When the driver has no insurance to give
Bodily Injury
Bodily injury (BI) refers to physical harm to your body, such as broken bones, sprains, or head trauma. BI coverage on an insurance policy can help pay for medical bills and other losses when you are hurt by a negligent driver.
Liability
Liability means legal responsibility for an accident and the resulting injuries. Proving liability is one of the most important jobs of a personal injury lawyer, who uses evidence like photos, witness statements, and expert reports.
The coverage that resolves those claims is uninsured and underinsured motorist protection on your own policy, which applies to you as a pedestrian just as it does behind the wheel. It is included on Florida policies unless rejected in writing, so many people hold it without knowing. It is the first thing I check.
Evidence that will not wait
Pedestrian cases turn on physical detail, and physical detail disappears. Plaza and doorbell cameras overwrite within one to two weeks. Roadway marks survive one rainstorm. Witnesses who stopped at the scene are strangers whose details exist only in the crash report.
That report is worth knowing about too. Section 316.066 makes a Florida crash report confidential for sixty days after filing, releasing it in that window only to the people involved and their representatives. The adjuster calling you on day three has not read it either.
Sarasota Memorial is the only trauma programme in the county and is where a serious pedestrian injury is taken. Nothing here is medical advice; get seen, and get seen inside fourteen days.
Ask first, decide later
Call and you reach me, not a screener. I will tell you honestly whether there is a claim worth bringing. If there is, I handle it myself, and the fee comes out of the recovery or there is no fee.
Free Consultation · 100% Confidential
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What Our Clients Say
"David was a pleasure to work with. He always provided a timely response and worked hard to achieve a successful outcome."
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Results depend on the facts of each case. You may not obtain the same or similar results.