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Pedestrian & Bicycle Accidents · California · Texas · Florida

Hit by a car while walking or riding? You have rights.

Claims for pedestrians and cyclists struck by vehicles in California, Texas, and Florida.

Busy city street

Common causes

  • Drivers failing to yield at crosswalks
  • Right turns across bike lanes
  • Distracted driving and speeding
  • Opening car doors into cyclists
  • Backing out of driveways and parking lots

Insurance that may pay

The driver’s liability insurance, your own uninsured/underinsured motorist coverage, and in Florida your own Personal Injury Protection (PIP) may all apply, even though you weren’t in a car.

What to do

  • Get medical care and keep every record.
  • Get the police report number.
  • Photograph the scene, your injuries, and your bike or belongings.
  • Look for nearby security or doorbell cameras quickly, before footage is erased.

Common questions

The driver says I wasn’t in the crosswalk. Can I still recover?

Often, yes. California reduces recovery by your share of fault. Texas and Florida bar recovery only if you are more than 50% at fault.

The driver drove away. What now?

Report it to police right away. Your own uninsured motorist coverage may pay in a hit-and-run.

What does it cost?

No attorney’s fee unless we recover money for you.

Time limits

Deadlines in California, Texas & Florida

StateDeadline to sue for most injuriesClaims against a government agencyIf you were partly at fault
California2 years CCP § 335.1Written claim usually within 6 months Gov. Code § 911.2You can recover, reduced by your share of fault
Texas2 years CPRC § 16.003Written notice usually within 6 months CPRC § 101.101Barred if you are more than 50% at fault CPRC ch. 33
Florida2 years for negligence (injuries on or after March 24, 2023) Fla. Stat. § 95.11Written notice to the agency before suing Fla. Stat. § 768.28Barred if you are more than 50% at fault Fla. Stat. § 768.81

Deadlines can be shorter or longer depending on the facts. Call early so evidence and deadlines are protected.

Hurt in an accident?

Free consultation. No attorney’s fee unless we recover.

Start your free consultation