Yes, if you were injured after being run over by a vehicle, you absolutely have the right to seek justice and financial compensation by filing a claim or lawsuit against the person responsible. A pedestrian accident lawyer can help you understand your legal options and ensure the driver is held accountable for your medical bills and other damages under Florida law.
Key Takeaways for Suing Someone for Running You Over
- A person injured after being run over by a vehicle may be able to file a lawsuit to recover compensation.
- Proving the driver was negligent, meaning they acted carelessly and caused the accident, is fundamental to a successful and strong personal injury claim.
- Florida's no-fault insurance laws and a "serious injury" threshold play a significant role in determining how a victim can pursue compensation.
- Damages in a lawsuit can cover financial losses like medical bills and lost wages, as well as non-financial impacts like pain and suffering.
- Strict legal deadlines, known as statutes of limitations, apply to personal injury cases in Florida, making it important to understand one's rights promptly.
Understanding Your Rights as a Pedestrian in Florida
As a pedestrian, you are incredibly vulnerable on the road, and the injuries sustained when a car, truck, or motorcycle runs you over can be catastrophic. The physical pain is often matched by the emotional and financial stress that follows. You might be worried about what to do, who will pay for your hospital bills, how you’ll support your family while you can’t work, and if your life will ever feel normal again.
Under Florida law, all drivers have a legal responsibility known as a "duty of care." This means they must operate their vehicles in a reasonably safe manner to avoid harming others, including pedestrians, cyclists, and other drivers. This isn't just a suggestion; it's a legal obligation.
According to Florida Statutes § 316.130, drivers must exercise due care to avoid colliding with any pedestrian. When a driver fails to uphold this duty—perhaps by speeding down U.S. 19 or texting while driving through a residential neighborhood in Trinity—and you are injured as a result, they have acted negligently. This negligence is the foundation of your right to sue the person who ran you over.
The First Step: Proving Negligence in a Pedestrian Accident
To successfully sue someone for running you over, you and your legal team must prove that the driver was negligent. In simple terms, negligence means that someone acted carelessly, and their carelessness directly caused your injuries. It isn’t about proving the driver is a bad person; it’s about demonstrating that they made a mistake that had serious consequences for you.
A negligence claim has four key components:
- Duty: The driver had a legal duty to operate their vehicle safely.
- Breach: The driver breached, or violated, that duty through a careless action or inaction.
- Causation: The driver's breach of duty directly caused your injuries.
- Damages: You suffered actual harm, such as physical injuries and financial losses, as a result.
Building a case requires putting these pieces together to tell the story of what happened and why the driver is responsible.
What Does Negligence Look Like on the Road?
A driver's breach of duty can take many forms. While some are obvious, others may require a detailed investigation to uncover. Common examples of driver negligence in pedestrian accidents include:
- Distracted Driving
- Speeding or Driving Too Fast for Conditions
- Failing to Yield the Right-of-Way
- Driving Under the Influence (DUI)
- Disregarding Traffic Signs or Signals
These are just a few examples of the careless actions that can lead to a pedestrian being run over and seriously injured.
The Role of Evidence When You Sue Someone for Running You Over
Proving negligence isn't about simply stating that the driver was careless; it requires solid evidence. Collecting and preserving evidence is one of the most critical steps in building a strong claim. Your legal team can help investigate, but the more information available, the better.
Key pieces of evidence in a pedestrian accident case often include:
- The Official Police Report: This document contains the responding officer’s initial findings, witness statements, and sometimes their opinion on who was at fault.
- Photos and Videos of the Scene: Pictures of the vehicle's position, skid marks, traffic signals, weather conditions, and your injuries can be powerful visual proof.
- Eyewitness Testimony: Statements from people who saw the accident happen can provide an objective account that supports your version of events.
- Your Medical Records: These records are crucial for linking the accident directly to your injuries and establishing their severity and the cost of your treatment.
- Surveillance Footage: Many businesses and traffic cameras along roads like Little Road or State Road 54 may have captured the incident, providing undeniable proof of what happened.
This evidence helps create a clear picture of the driver’s negligence and demonstrates how their actions led to your suffering.
How Florida’s “No-Fault” Law Affects Your Case
Florida is a "no-fault" state when it comes to auto insurance, which can be confusing for accident victims. The no-fault system means that after an accident, your own auto insurance policy's Personal Injury Protection (PIP) coverage is the first source of payment for your medical bills, up to its limit (typically $10,000). According to Florida Statutes § 627.736, this is true regardless of who was at fault for the accident.
However, the medical costs from being run over by a car often far exceed the $10,000 PIP limit. To step outside the no-fault system and sue the at-fault driver for the full extent of your damages, including pain and suffering, your injuries must meet the "serious injury threshold" as defined by Florida law.
An injury is considered "serious" if it results in one of the following:
- Significant and permanent loss of an important bodily function.
- A permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
Thorough medical documentation from your doctors is essential to prove that your injuries meet this threshold, which opens the door to pursuing the full compensation you deserve.
What Kind of Compensation Can You Seek?
If you sue someone for running you over and prove they were negligent, the compensation you can recover is known as "damages." The goal of damages is to make you "whole" again, at least from a financial standpoint, by compensating you for everything you have lost due to the accident. These damages are generally broken down into two main categories.
Economic Damages: Covering Your Financial Losses
Economic damages are the tangible, calculable financial costs associated with your injuries. These are the bills and losses that have a clear price tag attached. You have a right to be reimbursed for every dollar the accident has cost you.
Common types of economic damages include:
- All Medical Expenses: This covers everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, physical therapy, prescription medications, and any future medical care you may need.
- Lost Wages: If your injuries prevent you from working, you can be compensated for the income you have lost.
- Loss of Future Earning Capacity: If your injuries are permanent and you can no longer perform the same job or work at all, you can seek damages for the income you would have earned over the course of your career.
- Out-of-Pocket Costs: This can include expenses for things like crutches, wheelchairs, home modifications to accommodate a disability, or transportation to medical appointments.
It is vital to keep detailed records of all these expenses to ensure you can claim the full amount you are owed.
Non-Economic Damages: Accounting for the Human Cost
Non-economic damages are intended to compensate you for the profound, personal ways the accident has affected your quality of life. These losses don't come with a receipt, but they are just as real and devastating as any financial cost.
Examples of non-economic damages include:
- Pain and Suffering: This compensates you for the physical pain and discomfort you have endured and may continue to endure.
- Emotional Distress and Mental Anguish: This includes compensation for conditions like anxiety, depression, fear, and post-traumatic stress disorder (PTSD) that often follow a traumatic event.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies, activities, or a quality of life you once had—like taking a walk through the beautiful Werner-Boyce Salt Springs State Park—you can be compensated for that loss.
- Disfigurement and Scarring: This addresses the physical and emotional impact of permanent scars or other disfiguring injuries.
While no amount of money can erase your pain, these damages acknowledge the immense human toll of the accident and provide resources to help you build a new future.
What if You Were Partially at Fault? Florida’s Comparative Negligence Rule
Florida follows a "modified comparative negligence" rule. Under the law, you can still recover damages as long as you are not found to be more than 50% at fault for the accident. If you are found to be 51% or more at fault, you are barred from recovering any compensation. If you are 50% or less at fault, your total compensation award will simply be reduced by your percentage of fault. For example, if you are awarded $200,000 in damages but are found to be 10% at fault, your award would be reduced by $20,000, and you would receive $180,000.
It is important not to let an insurance adjuster convince you that you are entirely at fault. An experienced lawyer can protect your rights and fight back against unfair blame-shifting tactics.
The Clock is Ticking: Florida’s Statute of Limitations
In Florida, you have a limited amount of time to file a lawsuit after being injured. This legal deadline is called the "statute of limitations." For most personal injury claims, including pedestrian accidents, the law was changed in 2023. For accidents that occurred on or after March 24, 2023, you now have two years from the date of the accident to file a lawsuit. For accidents before that date, the deadline remains four years.
While two years may seem like a long time, it can pass quickly when you are focused on medical treatments and recovery. It is critical to act promptly. Waiting too long can cause valuable evidence to be lost, witnesses' memories to fade, and, most importantly, can result in you losing your right to seek compensation forever.
FAQs: Suing Someone for Running You Over
Here are answers to some common questions that arise after a serious pedestrian accident.
What if the driver who hit me was uninsured or underinsured?
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to file a claim through your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it. This is an optional but highly recommended part of your auto insurance policy that protects you in these exact situations.
How much does it cost to hire a lawyer for a pedestrian accident?
Most personal injury lawyers work on a contingency fee basis. This means you pay no upfront fees. The lawyer’s fee is a percentage of the compensation they recover for you. If you don’t win your case, you owe no attorney fees. This allows everyone to have access to quality legal representation, regardless of their financial situation.
What if the driver fled the scene (hit-and-run)? Can I still sue?
A hit-and-run accident is a criminal act and a frightening experience. While it can be more challenging, you still have options. Your UM/UIM insurance coverage can be a source of recovery. Additionally, a thorough investigation by law enforcement and your legal team may help identify the driver, who can then be held accountable both criminally and civilly.
Contact Nicoletti Accident Injury Lawyers for a Free Consultation
Dealing with the complex insurance claims process and legal system while trying to heal can be impossible without help. Having a dedicated legal advocate on your side allows you to focus on what matters most: your health and your family.
The compassionate personal injury lawyers at Nicoletti Accident Injury Lawyers have a long history of helping accident survivors in Port Richey, St. Petersburg, Wesley Chapel, and across Florida get the resources they need to put their lives back together. We understand the tactics insurance companies use, and we fight aggressively to protect your rights.
If you or a loved one has been injured, call us today at (727) 845-5972 or fill out our confidential online form for a free, no-obligation consultation. Let us hear your story and explain how we can help you demand the justice and compensation you deserve.
Nicolette R. Nicoletti
Managing Partner
Nicolette R. Nicoletti is the founder and managing partner of the Nicoletti Accident Injury Lawyers. She was born and raised in New Port Richey, Florida. Nicolette attended Genesis Preparatory School and graduated salutatorian of her class. She then went onto Saint Leo University for her undergraduate education. She graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science. While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).
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