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
"We were very pleased with David Harris for helping us deal with the insurance and medical concerns for our son who was stopped and waiting at a red light around 10pm when he was slammed from behind at high speed by a drunk driver, totaling our Nissan Rogue. David personnally answered my calls and all of our questions and we feel he did a great job, especially considering how low the first offer was that quickly came in from the other driver's insurance company. David knew exactly what to do and explained it all to us very patiently. His fee was very fair and well offset by the increased settlement we received. We highly recommend David Harris Law."
D
D. Heaney
Drunk driver rear-end crash injury client
"Extremely helpful! David was able to answer my questions when Morgan and Morgan wouldn't help…"
T
TatiVivi
Second-opinion personal injury guidance client
"Mr. Harris was by far the best attorney I have dealt with… I will recommend his services to anyone including my family…"
L
L. Hoosang
Sarasota personal injury attorney client
Areas We Serve
Bee Ridge, FloridaClark Road, FloridaFruitville, FloridaGulf Gate Estates, FloridaLake Sarasota, FloridaLakewood Ranch, FloridaLongboat Key, FloridaPalmer Ranch, FloridaRidge Wood Heights, FloridaSarasota Springs, FloridaSarasota, FloridaSiesta Key FloridaSouth Gate Ridge, FloridaSouth Sarasota, FloridaSouthgate, FloridaVamo, Florida