Pedestrian and Bicycle Accidents in Tampa: Your Rights and Next Steps

Call 911 immediately, even if your injuries seem minor. Pedestrian and bicycle crashes often cause injuries that feel manageable at first — adrenaline masks pain from fractures, concussions, and internal bleeding. Paramedics can evaluate you at the scene and transport you to a hospital if needed. Tampa General Hospital's Level I trauma center is the primary destination for serious injuries in Hillsborough County.

Stay at the scene until law enforcement arrives. Florida law requires all parties to remain at the scene of a crash involving injury or property damage (Fla. Stat. 316.062). Get the driver's name, insurance information, license plate number, and contact details. If the driver tries to leave, note everything you can about the vehicle — make, model, color, plate number, and direction of travel. Ask witnesses to stay or give you their contact information.

File a police report with Tampa PD (non-emergency: 813-231-6130) if the crash happened within city limits, or the Hillsborough County Sheriff's Office (non-emergency: 813-247-8200) for unincorporated areas. The police report documents the crash location, witness statements, and the officer's initial assessment of fault. This report is critical for your insurance claim and any future lawsuit.

This is the most time-sensitive step after your crash. Under Fla. Stat. 627.736, you must seek medical treatment within 14 days of the accident or you forfeit your Personal Injury Protection (PIP) benefits entirely. PIP pays 80% of reasonable and necessary medical expenses up to $10,000 regardless of who caused the crash. If you wait 15 days, you get nothing from PIP.

Go to an emergency room, urgent care, or your primary care physician as soon as possible. Tell them exactly how the injury happened and describe every symptom — headaches, dizziness, neck pain, back pain, numbness, difficulty walking, or anything else. Some injuries from pedestrian and bicycle crashes, especially traumatic brain injuries and spinal injuries, take hours or days to fully manifest. A medical record from the day of the crash links your injuries directly to the accident and prevents the insurance company from arguing your injuries were pre-existing.

If your injuries are diagnosed as an emergency medical condition by a physician, you receive the full $10,000 in PIP benefits. If your injuries are classified as non-emergency, PIP benefits are capped at $2,500. This distinction matters. Make sure you see a doctor — not just a chiropractor — for your initial evaluation, as only a physician, dentist, or physician assistant can make the emergency medical condition determination that unlocks the full $10,000.

Florida is a no-fault state. PIP coverage pays your medical bills and lost wages regardless of who caused the crash. Under Fla. Stat. 627.736, PIP coverage extends to pedestrians and cyclists who are struck by a motor vehicle — as long as the injured person (or a resident relative in their household) has an auto insurance policy with PIP coverage. You do not need to own or be driving a car at the time of the crash.

PIP pays 80% of medical expenses and 60% of lost wages, up to $10,000 total. If you do not have your own auto insurance policy, you may be covered under a household family member's policy. If neither you nor anyone in your household has auto insurance, PIP will not apply — but you can still file a claim directly against the driver's liability insurance.

PIP has a $10,000 limit that gets spent quickly with serious injuries. For damages beyond PIP — including pain and suffering, full medical costs, and long-term disability — you must step outside the no-fault system. To do that, your injuries must meet Florida's serious injury threshold under Fla. Stat. 627.737: significant and permanent loss of a bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. Pedestrian and bicycle crash injuries frequently meet this threshold because the human body has no protection against a 3,000-pound vehicle.

Florida Statute 316.130 governs pedestrian rights and duties. Drivers must yield the right-of-way to pedestrians in crosswalks. When traffic control signals are not in place or not in operation, the driver of a vehicle must yield to a pedestrian crossing within any marked crosswalk or within any unmarked crosswalk at an intersection. Pedestrians must use crosswalks when crossing between two adjacent intersections that have traffic signals. A pedestrian crossing outside a crosswalk must yield to vehicles — but drivers still have a duty to exercise due care to avoid hitting any pedestrian.

Florida Statute 316.2065 governs bicycle regulations. Cyclists have the same rights and duties as motor vehicle drivers. A cyclist must ride as far right as practicable, with exceptions for passing, making a left turn, avoiding hazards, or when the lane is too narrow to share safely with a motor vehicle. Drivers passing a cyclist must give at least 3 feet of clearance. Florida's helmet law (Fla. Stat. 316.2065(3)(d)) requires riders under 16 to wear a helmet, but there is no helmet requirement for adult cyclists. Not wearing a helmet as an adult cannot be used as evidence of negligence in a Florida personal injury case.

The insurance company may try to argue that you were partially at fault — jaywalking, crossing against a signal, or riding against traffic. Under Florida's modified comparative negligence system (Fla. Stat. 768.81, amended by HB 837 in 2023), if you are found more than 50% at fault, you recover nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 20% at fault for crossing outside a crosswalk, your recovery is reduced to $80,000. Preserve all evidence that supports your version of events — crosswalk markings, traffic signal timing, bike lane paint, and witness statements.

Photograph the crash scene before anything is moved. Capture the vehicle's position, your bicycle (if applicable), skid marks, debris, traffic signals, crosswalk markings, bike lane paint, road conditions, weather, lighting, and any visible damage to the vehicle. Photograph your injuries — cuts, bruises, road rash, swelling — and continue photographing them as they develop over the following days and weeks.

Get the names and phone numbers of every witness. Ask nearby businesses if they have surveillance cameras that may have recorded the crash. Tampa's commercial corridors — Dale Mabry Highway, Hillsborough Avenue, Fowler Avenue, Busch Boulevard — have extensive camera coverage from gas stations, convenience stores, and strip malls. Doorbell cameras on nearby homes may also have captured the crash. Ask owners to preserve footage within 24-48 hours before it is overwritten.

Save all medical records, bills, and receipts. Keep a daily journal of your pain levels, symptoms, and how your injuries affect your daily life — difficulty walking, sleeping, working, or performing routine tasks. Save pay stubs or tax returns that document your income before the crash for lost wage calculations. If your bicycle or other personal property was damaged, keep the damaged items and photograph them. Do not repair or discard anything until your claim is resolved.

If the driver was at fault, you can file a claim against their liability insurance for damages beyond what PIP covers. Florida's minimum liability insurance requirements are 10/20/10 — $10,000 per person for bodily injury, $20,000 per accident for bodily injury, and $10,000 for property damage. These minimums are dangerously low for pedestrian and bicycle crashes, where medical bills routinely exceed $50,000.

Florida's uninsured driver rate is approximately 27%, among the highest in the nation. If the driver who hit you has no insurance or insufficient coverage, your own uninsured/underinsured motorist (UM/UIM) coverage fills the gap. UM coverage is not required in Florida, but your insurer must offer it when you purchase a policy. If you declined it, you signed a written waiver. Check your declarations page — many Florida drivers carry UM coverage without realizing it.

Do not give a recorded statement to the at-fault driver's insurance company without consulting an attorney. The insurer's adjuster will try to get you to minimize your injuries, admit fault, or say something that can be used to reduce your claim. You are not required to give a recorded statement to another driver's insurer. Stick to the facts in the police report and let your attorney handle communications with the opposing insurance company.

Florida's statute of limitations for personal injury claims is 2 years from the date of the accident under Fla. Stat. 95.11, as amended by HB 837 in 2023 (reduced from the previous 4-year deadline). If you do not file a lawsuit within 2 years, you permanently lose the right to sue. This deadline applies to claims against the driver, claims against the driver's insurer, and UM/UIM claims against your own insurer.

Two years sounds like a long time, but it passes quickly when you are recovering from serious injuries. Medical treatment can last months or years. You need time to reach maximum medical improvement so your attorney can accurately value your claim. Witness memories fade, surveillance footage is deleted, and physical evidence at the crash site disappears. Start the claim process immediately — even if you are still in treatment.

For minors injured in a pedestrian or bicycle crash, the statute of limitations is tolled until the child turns 18. After that, the standard 2-year period applies. A parent or guardian should still file insurance claims and preserve evidence immediately after the crash.

Were you hit by a car while walking or cycling in Tampa? Get your free Injury Claim Check. You will answer a few questions about your accident, injuries, and treatment, and we will provide a personalized report covering your potential claim — including how PIP applies, whether you may have a case beyond the no-fault system, and whether connecting with a Tampa personal injury attorney makes sense for your situation.

Pedestrian and bicycle accident victims face some of the most serious injuries of any crash type. Broken bones, traumatic brain injuries, spinal cord damage, and internal organ injuries are common when a human body collides with a motor vehicle. You should not have to figure out the insurance and legal system alone while you are recovering. Start with the Injury Claim Check — it is free, confidential, and takes about 60 seconds.