Hit by a Car While Biking or Walking in Jacksonville: Your Rights Under Florida Law

Jacksonville is a big, spread-out city built around the car. Wide, fast roads, long distances between crosswalks, and heavy traffic make it one of the more dangerous places in the country to walk or ride a bicycle. Florida consistently ranks among the worst states for pedestrian and cyclist deaths, and the Jacksonville metro area is regularly named among the most dangerous in the nation for people on foot.

When a vehicle strikes a pedestrian or cyclist, the person outside the car almost always takes the worst of it. If you or someone you love was hurt, Terrell Hogan Law has been fighting for injured Jacksonville residents since 1974.

Common causes of pedestrian and bicycle accidents

Drivers failing to yield in crosswalks or at intersections
Right-turning drivers who do not check for cyclists or pedestrians (“right hook” crashes)
Distracted driving and phone use
Speeding on wide arterial roads
Drivers passing cyclists too closely
Poor lighting and missing sidewalks or bike lanes
Impaired driving
Hit-and-run drivers

Roads like Blanding Boulevard, Normandy Boulevard, Philips Highway, University Boulevard, and Beach Boulevard see frequent crashes involving people on foot and on bikes.

What Florida law says about cyclists and pedestrians

Under Florida law, a bicycle is a vehicle. Cyclists have the same rights to the road as drivers and must follow the same traffic laws. Florida law also requires drivers to give cyclists at least three feet of clearance when passing.

Drivers must yield to pedestrians in marked crosswalks, and they have a general duty to use reasonable care to avoid hitting anyone on the road, even when a pedestrian is outside a crosswalk.

How insurance works for pedestrians and cyclists

Florida is a no-fault state. If you own a car and carry Personal Injury Protection (PIP), your own PIP policy generally pays the first $10,000 of your medical bills and lost wages, even though you were walking or riding a bike. If you do not own a car, you may be able to claim PIP through a resident relative’s policy, or through the policy of the vehicle that hit you.

For serious injuries, $10,000 does not go far. When injuries meet Florida’s threshold, such as significant and permanent injury or scarring, you can pursue a claim against the at-fault driver for the full value of your damages, including pain and suffering. Uninsured/underinsured motorist coverage can also be a critical source of recovery, especially in hit-and-run cases.

You can read more about how we handle these claims on our Jacksonville bicycle accident practice page.

Comparative fault: insurers will try to blame you

It is common for insurance companies to argue that the pedestrian was jaywalking, the cyclist was not visible, or the victim “came out of nowhere.” Under Florida’s modified comparative fault system, you can recover damages as long as you are not more than 50 percent at fault, but your recovery is reduced by your share of fault. Solid evidence, such as camera footage, witness statements, and accident reconstruction, is essential to protect your claim.

What to do after being hit

Call 911 and get medical care right away.
Get the driver’s name, plate, and insurance information, or note the vehicle description in a hit-and-run.
Photograph the scene, your injuries, and your bike or belongings.
Look for nearby businesses or homes that may have security cameras.
Get witness contact information.
Do not give a recorded statement to the driver’s insurer before talking to a lawyer.

Time limits

Under current Florida law, most negligence claims must be filed within two years of the accident. Wrongful death claims are also generally subject to a two-year deadline. Evidence such as security camera footage can be erased within days, so do not wait.