In Tampa, crosswalk and school zone accidents raise serious questions about legal fault and insurance claims.
Understanding Your Rights with Help from a Tampa Pedestrian Accident Lawyer
After a serious pedestrian accident injury, victims and their families are often left with more questions than answers—especially when it comes to who’s legally responsible. In Florida, determining fault isn’t always straightforward. Even if a driver clearly hit someone in a school zone, insurance companies may try to shift blame or delay the claims process.
At Armando Personal Injury Law, we’ve seen how quickly the finger-pointing begins after a crash. That’s why it’s so important to understand how fault is established, what your legal options are, and how a Tampa pedestrian accident lawyer can protect your right to full compensation.
Who decides fault in a Florida pedestrian accident?
After a pedestrian crash, several parties may try to determine who’s to blame, but not all of them have your best interests in mind. Police officers at the scene may document witness statements, review surveillance footage, and include a written opinion in their official crash report. While that report can influence the direction of your case, it doesn’t carry final legal authority.
Insurance companies will also launch their own investigations. The driver’s insurer will look for ways to reduce its liability, often by shifting blame to the pedestrian or downplaying the seriousness of the injuries. Even your own insurance company—if your policy applies—might look for ways to limit payouts.
If your case ends up in court, a judge or jury will ultimately decide who was at fault. They’ll weigh all available evidence, including medical records, the police report, photographs from the scene, expert testimony, and your own account of what happened. An experienced Tampa pedestrian accident lawyer can make sure your story is told clearly and backed by the evidence needed to hold the driver accountable.
How is fault assigned for a pedestrian accident?
Florida follows a rule known as comparative negligence to determine who is at fault in a pedestrian accident. That means more than one person can share responsibility for the crash. For instance, a speeding driver might be found primarily at fault, but a pedestrian who crossed mid-block instead of using a crosswalk could be assigned a smaller percentage of the blame.
To assign fault, insurance companies and—if the case goes to court—a judge or jury will review all available evidence.
Find Out Who’s Liable for Your Pedestrian Crash
Evidence used to determine fault often includes:
- Traffic laws that applied at the time of the crash
- Driver behavior, such as speeding, distracted driving, or failing to yield
- Road conditions, visibility, and signage
- Witness testimony and any available surveillance footage
That’s why having a Tampa pedestrian accident lawyer is so important. The right legal strategy can challenge unfair blame, protect your rights, and help maximize your financial recovery.
Can you still get compensation if you were partly at fault in a pedestrian crash?
Yes, you can still pursue compensation after a pedestrian accident in Florida, even if you share some of the blame. The state follows a modified comparative negligence system. That means as long as you’re 50 percent or less at fault, you may recover damages—but the amount you receive will be reduced based on your level of responsibility.
For example, if your case is worth $100,000 and you’re found 20 percent at fault, your final award would be reduced to $80,000.
This rule is meant to be more balanced than an “all-or-nothing” system. But it also opens the door for insurance companies to shift more of the blame onto you. That’s why it’s critical to have a Tampa pedestrian accident lawyer who knows how to challenge inflated fault claims.
At Armando Personal Injury Law, we work to uncover the truth. Whether it’s traffic camera footage, witness statements, or accident reconstruction reports, we use every tool available to show the driver was primarily responsible—and fight for the full compensation you’re entitled to.
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Get a Tampa pedestrian accident lawyer who puts your recovery first
When you’ve been hit by a negligent driver, your life can change in an instant. Suddenly, you’re dealing with serious injuries, lost income, mounting medical bills, and a complicated legal system that doesn’t always work in your favor. That’s why it’s so important to have a pedestrian accident lawyer who knows how to cut through the noise and fight for what you’re really owed.
Armando and his dedicated legal team take that responsibility seriously. Our team works one-on-one with crash victims across Tampa and the Bay Area, building strong cases backed by evidence, legal strategy, and relentless pursuit of justice. We know how insurance companies operate…and we don’t back down.
If you or a loved one was injured in a pedestrian crash, don’t wait. Give us a call or contact us online today for a free consultation. We’ll listen to your story, explain your options, and help you take the next step toward the justice and compensation you deserve.
Client Testimonial
“I was involved in a pedestrian vs car accident in Tampa, Florida, in May of 2018. I had injuries to my neck and back. I called Armando Personal Injury Law after being referred to him by my personal attorney. I met personally with Armando, and he went over the process, what to expect, and helped me find doctors to treat me for my injuries. Armando gave me his cell number so I could communicate easily with him about my case. Armando fought the insurance company after they tried to blame me for the accident. Armando convinced them they were wrong and helped me get compensation for my injuries and medical bills! Armando rocks! In an accident, call Armando!” – Larry F., ⭐⭐⭐⭐⭐