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

This surprises nearly everyone. Florida's no-

fault

system follows the person, not the vehicle. If you own a car and carry

personal injury protection

on it, that coverage pays your initial medical bills after you are struck as a pedestrian, regardless of

fault

and regardless of the fact that your car was parked at home.

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

Since 2023 Florida has applied modified comparative

negligence

under section 768.81. A pedestrian assigned more than fifty percent of the

fault

recovers nothing. Below that line, recovery is reduced by the assigned share. So the argument about where you were standing is worth taking seriously rather than conceding.

When the driver has no insurance to give

Florida does not require drivers to carry

bodily injury

liability

coverage. A driver can be plainly at

fault

, cited at the scene, and still have no policy that pays a cent toward a pedestrian's injuries.

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.

What Our Clients Say

"Mr Harris was a very professional and carrying attorney! I feel he obtained the max amount for my case and I could not be happier. I will refer Mr Harris to anyone looking for an injury attorney. He was a pleasure working with!"

C. Waters

Maximum settlement injury attorney client

"My wife and I needed a lawyer… David counseled us without false expectations… achieved a fair settlement… negotiated bills down to a minimum."

K. Carline

Fair-settlement insurance negotiation client

"I had the pleasure of having David as my attorney in a recent lawsuit. He is efficient and effective along with being polite, kind caring. He was always available to me and took the time to answer all my questions and concerns regarding the case. I was extremely pleased with every aspect of his service to me. I highly recommend David Harris Law for any legal matters you may have."

B. Eisenberg

Polite and effective injury case client

Areas We Serve

Bee Ridge, Florida Clark Road, Florida Fruitville, Florida Gulf Gate Estates, Florida Lake Sarasota, Florida Lakewood Ranch, Florida Longboat Key, Florida Palmer Ranch, Florida Ridge Wood Heights, Florida Sarasota Springs, Florida Sarasota, Florida Siesta Key Florida South Gate Ridge, Florida South Sarasota, Florida Southgate, Florida Vamo, Florida