St. Petersburg Pedestrian Accident Lawyer

St. Petersburg has positioned itself as a top Gulf Coast destination for visitors from all over the world. Downtown St. Petersburg boasts luxurious resorts, elegant museums, and fine dining establishments, all within a walkable perimeter. Visitors get the most out of the city’s celebrated destinations by traveling on foot, which, while providing great exercise and views, can sometimes put them in harm’s way.

Unfortunately, many automobile drivers do not respect the rights of pedestrians. When you’re struck by a vehicle while walking in St. Petersburg, the aftermath extends far beyond immediate injuries. Pedestrians have no protective barrier, making them vulnerable to traumatic brain injuries, broken bones, and other catastrophic harm. According to a report by Smart Growth America, the Tampa-St. The Petersburg-Clearwater area ranks 9th among the most dangerous metro areas for walking in the United States. The report claims that 900 pedestrian deaths occurred between 2008 and 2017, or about 3.07 fatalities per 100,000 people per year. More recently, St. Petersburg saw 14 pedestrian fatalities in 2023 alone.

If you’ve recently been injured as a pedestrian, you may not realize you have the same rights as any other car accident victim to seek legal representation and file a pedestrian injury claim with the help of a St. Petersburg pedestrian accident attorney who knows the area, you can begin your path to recovery.

Common Factors Contributing to Pedestrian Accidents

The unique layout and traffic patterns of St. Petersburg contribute to specific pedestrian accident risks. The city’s popular downtown area, Beach Drive, waterfront districts, and beaches experience heavy foot traffic alongside vehicle movement, creating numerous conflict points where accidents occur.

Several local factors frequently contribute to pedestrian accidents:

• Distracted driving, particularly near tourist areas where drivers may be unfamiliar with the roads and fail to notice pedestrians in crosswalks
• Failure to yield at crosswalks, especially at uncontrolled intersections
• Speeding through residential areas with limited sidewalk infrastructure
• Poor visibility at dusk and dawn, particularly along US 19, Florida’s deadliest road which runs through St. Petersburg
• Intoxicated driving near entertainment districts throughout Pinellas County
• Hit-and-run accidents where drivers flee after striking pedestrians

These location-specific hazards require knowledge from an attorney familiar with local pedestrian accident cases. Understanding the intersection of local traffic patterns, municipal ordinances, and Florida pedestrian laws provides crucial context for establishing liability in these complex cases.

Understanding Pedestrian Right-of-Way Laws in Florida

Florida’s pedestrian laws establish clear guidelines for when pedestrians have the right of way. According to Florida Statute 316.130, drivers must yield to pedestrians crossing a road within a marked crosswalk or at an unmarked crosswalk at an intersection. This legal protection exists even when no traffic signals are present or when the signals are not operational. For more details on crosswalk accident liability, see our guide on who is liable when a pedestrian is hit at a crosswalk in Florida.However, pedestrians also have responsibilities under Florida law. While in crosswalks, pedestrians may not suddenly leave a curb or other place of safety and walk into the path of a vehicle so close it becomes impossible for the driver to yield. Understanding these nuanced right-of-way laws can significantly impact liability determinations in pedestrian accident claims.

Comparative Negligence in Florida Pedestrian Accidents

Florida operates under a pure comparative negligence system, which can significantly impact pedestrian accident claims. Under this legal principle, injured pedestrians may still recover damages even if they were partially at fault for the accident, but their compensation will be reduced by their percentage of fault.

This becomes particularly relevant in cases involving pedestrians who may have crossed outside of designated crosswalks or against traffic signals. For example, if a pedestrian is determined to be 30% responsible for an accident by crossing against a signal, they may still recover 70% of their damages. Insurance companies often attempt to maximize the pedestrian’s share of fault to minimize their payout, making it essential to have skilled legal representation familiar with Florida’s comparative negligence laws.

What Are Your Options If You Are Injured as a Pedestrian?

Your first step after being involved in an accident as a pedestrian should be to get yourself checked out at a clinic or hospital. If you’ve suffered an injury, you should check your insurance policy and determine your legal options for pursuing compensation.As a no-fault state, accident victims in Florida must file a claim against their own insurer before they can seek additional damages from the other party, regardless of who was at fault for the crash. As a pedestrian, you might have additional options for recovery.

PIP Coverage

The State of Florida requires every registered driver to have PIP insurance coverage. PIP, which stands for Personal Injury Protection, pays for a portion of accident-related medical bills. If you or a resident relative in your household carries PIP on an auto insurance policy, you can potentially use it to cover the medical expenses from your pedestrian accident as well.

The At-Fault Driver

If the driver was at fault for your accident, you can file a claim against them and potentially recover compensation under this insurance policy.

Liability Lawsuit

If the at-fault party does not have sufficient insurance coverage to pay for all your accident-related losses, you can file a civil suit in court for additional damages.Pedestrian accidents become complex situations when serious injuries occur. If you attempt to file a claim on your own, your insurance company might try to downplay your injuries to pay the least amount possible. If you file against the other driver’s insurance, their insurance company may try to place some of the blame on you to avoid liability. Insurance companies employ numerous tactics to pay out smaller claims, so it’s important to work with an experienced pedestrian accident lawyer to have the best chance of receiving the compensation you deserve.

How PIP Coverage Helps Injured Pedestrians

In Florida, your PIP insurance will cover 80% of your medical bills and as much as 60% of lost wages until these expenses meet the policy’s limits. If your medical bills exceed what your policy can pay, you may consider stepping outside of the no-fault system and filing a personal injury lawsuit against the at-fault driver.

To succeed, you would need to show the court the other driver’s negligence caused the accident and your injuries. Talk to a personal injury attorney to determine the best course of action.

Marsalisi Law has helped thousands of injured victims in and around St. Petersburg recover the compensation they need for more than ten years. Call 727-800-5052 for a free consultation with attorney Frank P. Marsalisi.

What Damages Could You Recover After a Pedestrian Accident?

Accidents involving pedestrians and drivers happen almost every day. Not all of them lead to serious consequences; however, it’s easy to see why these accidents hold such potential for extreme losses. In the most severe cases, pedestrian accidents can result in wrongful death claims when victims do not survive their injuries. With a pedestrian accident attorney by your side, you may be able to file a claim for the following damages:

• Property damage
• Lost wages and future earning capacity
• Cost of transportation to and from doctor appointments
• Pain and suffering and emotional distress
• Permanent disability and disfigurement from catastrophic injuries
• Household help for duties you can no longer do yourself
• Rehabilitation costs and long-term care expenses
• Other costs directly tied to your injuries in a pedestrian crash

When Is the Pedestrian at Fault?

Sometimes, both parties involved in a collision carry some degree of fault. Although drivers are responsible for driving safely and giving pedestrians the right of way at crosswalks and intersections, pedestrians who fail to take proper precautions may be found partially at fault for their accident.

Situations in which a pedestrian may be at fault include:

• Jaywalking or crossing outside designated areas
• Crossing against the light
• Walking where it’s prohibited
• Walking while intoxicated
• Walking while distracted

If you’re found partially responsible for your accident, the state’s comparative negligence rule will limit your recovery. For example, if the insurer responsible for paying your insurance claim deems you’re 40% at fault for the accident, you could potentially only recover 60% of your losses.

Staying Safe While Walking Around St. Petersburg, FL

For additional safety guidance, read our article on 6 best steps to avoid a pedestrian accident. Here are some pedestrian safety tips to lessen the likelihood of you becoming a pedestrian accident victim:

• Always walk on the sidewalk if it’s available to you. If there’s no sidewalk and you have to walk on the roadway, always walk facing traffic
• Dress in brightly-colored clothing to be more visible, especially at night
• Always cross the street at a marked crosswalk
• Make sure the driver you’re crossing in front of can see you
• Never walk unattended while under the influence of drugs or alcohol

Of course, accidents happen regardless of how cautious pedestrians are when sharing the roads with vehicles. Similar risks apply to bicyclists in St. Petersburg who also lack protective barriers when struck by vehicles. If you’re hurt, don’t wait to contact Marsalisi Law to get started on your pedestrian injury claim.

Consult a St. Petersburg Pedestrian Accident Attorney Today

Attorney Frank P. Marsalisi strives to provide quality representation during what is usually a challenging and painful experience. He provides personalized attention to each and every client and can even make home visits if you’re incapable of meeting him at his office. Frank will keep you informed about your claim 24/7 and ensure you understand each step of the legal process.Over the past decade, Frank P. Marsalisi has helped hundreds of pedestrians who were injured in St. Petersburg and throughout Pinellas County recover much-needed compensation for a variety of losses. As a member of the Tampa Bay Trial Lawyers Association, Frank P. Marsalisi has successfully litigated many pedestrian accident claims so his clients could focus on regaining their health.

If you’re ready to inquire about the injury claims process and your legal options, call 727-800-5052 or complete our contact form. At Marsalisi Law, this is where Law Gets Personal.