The Miami Personal Injury Accident Lawyers at the Perazzo Law Firm remind that If you were hurt or lost a loved one after a pedestrian accident in Florida, you can generally recover compensation by filing a liability (bodily-injury) claim against the at-fault driver, and, if that driver was uninsured, underinsured, or fled the scene, you may be able to turn to your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Fatal cases proceed as wrongful-death claims. Acting quickly to preserve evidence and understand Florida’s deadlines is critical to protecting that recovery. It is vital to contact a Car Accident lawyer in Miami for a FREE Consultation.
Florida Leads the Nation in SUV-Involved Pedestrian Deaths
Florida records more pedestrian deaths involving SUVs than any other state in the country. A 2026 analysis of federal traffic-fatality data, drawn from the National Highway Traffic Safety Administration‘s Fatality Analysis Reporting System (FARS), covering 2020 through 2024 and reported by Florida news outlet WFTV, found that Florida averaged roughly 191.8 SUV-involved pedestrian deaths per year, the highest raw total of any state.
Two different measurements come out of the same data, and it helps to keep them separate:
- By raw total: Florida ranks first — about 191.8 such deaths per year on average.
- Per capita: Adjusted for population, Florida ranks roughly third, at about 8.59 deaths per million residents.
Those figures are not a contradiction. A large, populous state can post the highest raw number while sitting a few spots lower once you divide by population. Either way, the takeaway for Florida pedestrians is the same: the risk here is real and elevated.
Why SUV Impacts Are More Severe
Experienced Miami car accident lawyers understand that the reason SUVs feature so heavily in these numbers has to do with vehicle design. SUVs are taller and heavier than passenger cars, and their higher, blunter front-end profile tends to strike a pedestrian in the torso or head rather than the legs. That geometry transfers more force to vital areas and can pull a person under the vehicle rather than over the hood. The result is that pedestrian impacts involving SUVs are frequently more catastrophic than those involving smaller cars, which is exactly why the injuries and losses in these cases run so deep.
How Injured Pedestrians and Families Recover in Florida
Being struck while walking does not leave you without options. The personal injury attorneys in Miami at the Perazzo Law Firm know that Florida law provides several avenues to pursue compensation, and often more than one applies to a single crash. Every case turns on its own facts, and past results do not guarantee a similar outcome.
A Liability Claim Against the At-Fault Driver
The primary path is a bodily-injury claim against the driver who caused the crash. Drivers owe pedestrians a duty of reasonable care, including the duty to keep a proper lookout, obey speed limits, and yield where required. When a driver breaches that duty and injures a pedestrian, the driver (and their insurer) can be held responsible for medical bills, lost income, pain and suffering, and other damages.
Uninsured/Underinsured Motorist Coverage: A Critical Safety Net
Florida has one of the highest rates of uninsured drivers in the nation, which makes Uninsured/Underinsured Motorist (UM/UIM) coverage especially important. Under Fla. Stat. §627.727, UM/UIM coverage follows the person, not just the car, so a household member struck while walking may be protected by the family’s auto policy even though no vehicle of theirs was involved.
This coverage steps in when:
- The at-fault driver has no insurance;
- The at-fault driver has too little insurance to cover the harm; or
- The driver fled the scene — a hit-and-run “phantom driver” is generally treated as an uninsured motorist.
Because so many Florida drivers are underinsured or uninsured, UM/UIM is frequently the difference between a full recovery and no meaningful recovery at all. Reviewing every available policy is one of the first things a Florida pedestrian accident lawyer should do.
Wrongful Death When the Crash Is Fatal
When an SUV crash takes a life, the claim proceeds under Florida’s Wrongful Death Act, Fla. Stat. §768.16–768.26. The personal representative of the estate files the action, and the statute defines which survivors, such as a spouse, children, or parents, may recover for losses including lost support, companionship, and mental pain and suffering.
Comparative Fault and Filing Deadlines
Two rules shape nearly every Florida pedestrian case, and both reward acting early with strong evidence.
Modified comparative negligence. Under HB 837 and Fla. Stat. §768.81, a claimant found more than 50% at fault recovers nothing. If a claimant is 50% or less at fault, recovery is reduced by their percentage of fault. Pedestrians can be assigned some share, for example, for crossing outside a crosswalk, but that does not erase a driver’s own negligence. A driver who fails to keep a proper lookout or is speeding is still negligent, even if the pedestrian made a mistake too. How fault gets apportioned is often the whole battleground of a case.
Statute of limitations. Under Fla. Stat. §95.11, most negligence claims arising after March 2023 must be filed within two years. Miss that window and the claim is generally barred, no matter how strong it is.
Preserve Evidence Before It Disappears
Pedestrian cases are won or lost on evidence, and much of that evidence is perishable. Traffic-camera and nearby business surveillance footage is often overwritten within days or weeks. Skid marks fade, vehicles get repaired, and witnesses become hard to find. To protect a claim:
- Get the police report and the responding officers’ information.
- Identify and secure any traffic-cam or business camera footage quickly, before it is erased.
- Collect names and contact details for every witness.
- Photograph the scene, the vehicle, and your injuries.
- Keep all medical records and bills organized.
Moving fast — ideally with our pedestrian accident attorneys sending preservation letters — can mean the footage that proves your case still exists when it matters. Past results do not guarantee a similar outcome.
Frequently Asked Questions
Does Florida really have the most SUV-involved pedestrian deaths?
By raw total, yes. An analysis of federal FARS data (2020–2024) found Florida averaged about 191.8 SUV-involved pedestrian deaths per year the highest of any state. Adjusted for population, Florida ranks about third nationally, at roughly 8.59 deaths per million residents.
Can I recover if the SUV driver fled the scene?
Often, yes. A hit-and-run driver is generally treated as an uninsured motorist, so your own Uninsured/Underinsured Motorist coverage under Fla. Stat. §627.727 may apply — even though you were on foot. An attorney can help identify every policy that might respond.
What if the crash was partly my fault?
You may still recover. Under Fla. Stat. §768.81, you can recover as long as you are not more than 50% at fault; your compensation is reduced by your share of fault. A driver’s negligence, such as failing to keep a proper lookout, still counts even if the pedestrian also made an error.
How long do I have to file a claim in Florida?
Generally two years for negligence claims arising after March 2023, under Fla. Stat. §95.11. Because deadlines and exceptions vary, it is best to speak with an attorney promptly rather than risk losing the right to sue.
How much does it cost to talk to a lawyer?
The Perazzo Law Firm offers a free case evaluation and works on a no-recovery, no-fee basis — you owe no attorney’s fee unless we recover for you. Past results do not guarantee a similar outcome.
Talk to a Florida Pedestrian Accident Attorney
If an SUV struck you or someone you love in Florida, the sooner you act, the more of your case you can protect. The Perazzo Law Firm offers a free, confidential consultation, is available 24/7, and works on a no-recovery, no-fee basis — you owe no attorney’s fee unless we recover for you. Call 888-PERAZZO or reach out through our free case evaluation page to learn where you stand. Past results do not guarantee a similar outcome.
Attorney advertising. This article is for general informational purposes only and is not legal advice; every case is different, and outcomes depend on the specific facts and law. Reading this article or contacting the firm does not create an attorney-client relationship. Past results do not guarantee a similar outcome.