Hit by a Car While Walking in Tampa?

If you've been struck by a vehicle, your first priority is to get yourself out of the roadway if you can. If you can't move, stay still and wait for help — moving with a spinal injury can cause permanent damage.

Call 911 immediately. Pedestrian accidents almost always cause serious injuries — the human body has no protection against a 3,000-pound vehicle. Under Florida law, any accident involving injury must be reported to law enforcement.

The Tampa Police Department (TPD), Hillsborough County Sheriff's Office (HCSO), or Florida Highway Patrol (FHP) will respond depending on the location. Officers will investigate the scene, interview witnesses, and file a crash report.

Do not let the driver leave without exchanging information. If they attempt to flee, try to note the vehicle's make, model, color, and license plate — even a partial plate can help investigators.

Even if you feel like you can walk it off, accept medical evaluation at the scene or go to the emergency room. Internal bleeding, traumatic brain injuries, and spinal cord damage are common in pedestrian crashes and may not produce immediate symptoms.

Tampa General Hospital operates the region's only Level I trauma center and is the best-equipped facility for severe pedestrian injuries. St. Joseph's Hospital, AdventHealth Tampa, and Brandon Regional Hospital also provide emergency trauma care.

Under Florida's 14-day rule (Fla. Stat. § 627.736), you must seek medical treatment within 14 days of the accident to qualify for PIP benefits — but for pedestrian accidents with visible injuries, you should be seen the same day.

Keep every medical record, bill, and receipt. These documents are the foundation of your injury claim.

If you're physically able — or if a bystander, friend, or family member can help — photograph everything: the intersection or crosswalk where you were hit, traffic signals and signs, the vehicle that struck you (including damage and license plate), your injuries, your clothing (torn or bloody), skid marks, debris, and road conditions.

Note the time of day, weather, and lighting conditions. Many Tampa pedestrian crashes happen at night on poorly lit roads — documenting the lack of lighting can be critical evidence.

Get the driver's name, phone number, insurance information, and driver's license number. Collect names and phone numbers of any witnesses. Witness testimony is extremely valuable in pedestrian cases, especially at intersections where fault may be disputed.

If police responded, they'll file a report automatically. Request your copy through the Florida Crash Portal at flcrashportal.com. You'll need the report number, date, and driver names.

If the driver fled the scene (hit-and-run), file a police report immediately. Tampa and Hillsborough County have a high rate of hit-and-run crashes — over 6,000 per year in Hillsborough County alone. Even without an identified driver, a police report creates an official record and triggers an investigation.

Florida's no-fault insurance system covers pedestrians in a unique way. Even though you weren't driving, you may be covered by PIP insurance.

If you own a car with PIP coverage, your own PIP policy covers your pedestrian injuries up to $10,000 (80% of medical expenses, 60% of lost wages). If you don't own a car, you may be covered by the PIP policy of a household family member who owns a car. If no PIP is available, you can pursue a claim directly against the driver who hit you.

The 14-day rule still applies: seek medical treatment within 14 days to preserve PIP benefits (Fla. Stat. § 627.736).

For serious injuries — and pedestrian injuries are almost always serious — you can step outside the no-fault system and file a personal injury lawsuit against the at-fault driver. Pedestrian injuries that meet the "serious injury" threshold (significant permanent impairment, permanent injury, significant scarring, or death) qualify.

Florida law gives pedestrians the right of way in crosswalks (Fla. Stat. § 316.130), and drivers must yield to pedestrians who are in or entering a crosswalk. However, pedestrians also have legal obligations: you must obey traffic signals, use crosswalks where available, and not suddenly leave a curb and walk into the path of a vehicle that cannot stop.

Under Florida's modified comparative negligence system (Fla. Stat. § 768.81(6)), if you are found 51% or more at fault for the accident, you recover nothing. If you're 50% or less at fault, your recovery is reduced by your percentage of fault.

Drivers and their insurers will aggressively argue that the pedestrian was at fault — jaywalking, crossing against the signal, wearing dark clothing at night. Strong evidence (photos, witness testimony, traffic camera footage) is your best defense.

Under Fla. Stat. § 95.11(3)(a), you have two years from the date of the accident to file a personal injury lawsuit. This was reduced from four years by HB 837 (March 2023). For wrongful death — tragically common in pedestrian crashes — the deadline is also two years from the date of death (Fla. Stat. § 95.11(4)(d)).

If the driver was a government employee or the crash was caused by a dangerous road condition (missing crosswalk, broken signal, inadequate lighting), different rules may apply under Florida's sovereign immunity statute (Fla. Stat. § 768.28). Government claims have a four-year statute of limitations but require a written notice of claim and are capped at $200,000 per claimant.

Pedestrian accident cases involve serious injuries, complex liability questions, and aggressive insurance defense tactics. An experienced attorney can investigate the crash, preserve surveillance and traffic camera footage, counter the driver's comparative negligence arguments, and pursue the maximum compensation for your injuries.

Initial consultations are free, and most PI attorneys work on contingency — you pay nothing unless they win your case.