The Miami Car Accident Lawyer, Jonathan Perazzo, understands that after a Florida pedestrian accident, whether a driver faces criminal charges and whether that driver can be held civilly liable are decided under two different standards by two different decision-makers. A police department’s choice not to file charges says nothing about whether a civil negligence claim can succeed — that claim only requires proving it’s more likely than not that the driver was at fault, not proof beyond a reasonable doubt.
What Happened on Park Street
The Perazzo Law Firm has learned, according to News4Jax, that a man in his 30s was struck by an SUV while crossing Park Street in the Riverside neighborhood of Jacksonville on Monday night, August 24, 2026, at around 7 p.m. He was taken to a hospital, where he later died, News4Jax reported.
The driver stayed at the scene and cooperated with investigators, according to News4Jax. The Jacksonville Sheriff’s Office told the outlet that the driver “didn’t notice him” crossing, and News4Jax reported that no charges were pending against the driver as of publication. News4Jax also reported that this was the 116th traffic fatality in Duval County this year, and the 28th involving a pedestrian.
This article does not draw any conclusion about fault in this specific crash. Neither the victim nor the driver is named here, and no detail beyond what News4Jax has published is assumed or implied. The point of this piece is broader: what Florida law actually allows when a fatal pedestrian crash produces no criminal charge.
Why “No Charges” Doesn’t Mean “No Case”
A lot of families read a story like this one and assume that if police don’t charge the driver, there’s nothing left to do. That assumption is wrong, and it can cost a family the window they have to act.
Two Separate Tracks, Two Different Rules
A criminal charge requires a prosecutor to believe the evidence proves guilt beyond a reasonable doubt, usually tied to recklessness, impairment, or fleeing the scene. A driver who simply didn’t see a pedestrian, without evidence of recklessness or a DUI, often won’t be charged at all — that’s a decision about criminal culpability, made by police and prosecutors, under criminal rules.
A civil negligence claim is a separate track entirely. It doesn’t require a citation, an arrest, or a conviction to move forward. It requires showing, by a preponderance of the evidence — meaning more likely than not — that the driver failed to exercise reasonable care and that failure caused the injury. Florida law does not require the two tracks to agree.
Florida’s Duty of Care for Drivers and Pedestrians
Florida law places obligations on both drivers and pedestrians. Fla. Stat. § 316.130 sets out pedestrian right-of-way rules alongside a driver’s general duty to exercise due care, avoid colliding with a pedestrian, and give warning when necessary. That duty applies regardless of whether the pedestrian technically had the right of way at that moment. This is general Florida law — not a claim about who had the right of way on Park Street, a fact that isn’t in the public record.
Comparative Fault: The Question a Civil Claim Has to Answer
Without a criminal charge pinning fault on the driver, the comparative-fault question becomes the central issue a civil claim has to prove through independent evidence — not through the criminal case, because there isn’t one. Fla. Stat. § 768.81(6) bars a plaintiff from recovering only if they’re found more than 50 percent at fault for their own injury. Below that threshold, recovery is still available, reduced by the plaintiff’s own percentage of fault. Past results do not guarantee a similar outcome in any future case; every comparative-fault determination turns on the specific facts and evidence developed.
Wrongful Death Claims When a Pedestrian Crash Is Fatal
When a pedestrian crash results in death, Florida’s Wrongful Death Act, Fla. Stat. §§ 768.16–768.26, allows the personal representative of the deceased’s estate to bring a claim on behalf of the surviving spouse, children, or other qualifying survivors. This is a distinct legal process from a personal injury claim brought by a surviving victim, and it runs on its own procedural requirements.
Why Evidence Disappears Fast When There’s No Criminal Case
When police don’t file charges, there’s no prosecutor building an evidence file for trial. That means nobody is preserving footage, recordings, or data on the family’s behalf — and much of that evidence has a short shelf life. Nearby business and residential security cameras routinely overwrite footage within days to a few weeks. Witnesses’ memories fade. The 911 call recording, the vehicle’s event data recorder (“black box”) data, and the police crash report itself are all time-sensitive.
This is the practical reason to move quickly and speak with a Florida pedestrian accident lawyer even when there’s no pending criminal case: an attorney can send preservation letters, request footage before it’s erased, and start building the independent evidentiary record that a civil claim requires.
How Long Do You Have to File?
Florida’s statute of limitations for a negligence claim arising from a pedestrian crash is generally two years from the date of the incident, under Fla. Stat. § 95.11(5)(a). Wrongful death claims carry their own two-year clock under the Wrongful Death Act. Missing that deadline typically bars the claim entirely, regardless of how strong the underlying evidence is — another reason evidence-gathering can’t wait for a criminal case that may never come.
Frequently Asked Questions
Does the driver have to be charged for me to bring a claim?
No. A civil negligence claim doesn’t require a criminal charge, citation, or conviction. It’s decided under a lower evidentiary standard by a court, independent of any criminal proceeding.
What if I was partly at fault for the crash?
Florida’s comparative-fault law, Fla. Stat. § 768.81(6), only bars recovery if you’re found more than 50 percent at fault. Below that, compensation is reduced by your percentage of fault rather than eliminated. Past results do not guarantee a similar outcome.
How long do I have to file a claim?
Generally two years from the date of the crash under Fla. Stat. § 95.11(5)(a), or two years under the Wrongful Death Act if the victim died. Evidence like surveillance footage and witness memory typically becomes harder to secure well before that deadline arrives.
What if the police report doesn’t assign fault to the driver?
A police report is one piece of evidence, not the final word. A civil claim can be built on independent evidence — footage, data, witness statements, and expert analysis — even when a report reaches no conclusion or assigns no fault.
Why does it matter that no charges are pending “at this time”?
Charging decisions can change as investigations continue, but families shouldn’t wait on that outcome before protecting their own evidence. Consulting an attorney experienced in handling pedestrian injury claims early preserves options regardless of what, if anything, the criminal case eventually does.
Speak With a Florida Pedestrian Accident Attorney
If your family is dealing with a pedestrian crash and no charges have been filed, there are still deadlines to track and evidence to protect. Contact The Perazzo Law Firm for a free case evaluation, or call (888) 737-2996 to talk through what happened and what your options are.
This is car accident lawyer in Miami advertising. Past results do not guarantee a similar outcome. The Perazzo Law Firm’s bona fide office for the State of Florida is located in North Miami Beach, Florida. This article is general information only, does not constitute legal advice, and does not create an attorney-client relationship. Nothing in this article states or implies a conclusion about fault in the crash described.