Can You Sue for a Pedestrian Accident in a Parking Lot in Florida?

Parking lots may seem like low-risk areas compared to busy highways or intersections, but pedestrian accidents happen in them more often than many people realize. Whether it’s a distracted driver backing out of a space or a pedestrian stepping into an unexpected blind spot, these incidents can lead to serious injuries. If you’ve been hit by a vehicle in a parking lot in Florida, you may be wondering: Can I sue the driver for my injuries? The answer is yes — in many cases, you can pursue compensation through a personal injury lawsuit.

Understanding how liability works in Florida, especially in a complex area like a parking lot, is key to building a strong case. Let’s take a closer look at when and how you can sue after a parking lot pedestrian accident in Florida.

Are Parking Lot Accidents Covered Under Florida Law?

Yes. Even though they occur on private property, parking lot accidents are subject to the same personal injury and traffic laws that apply to accidents on public roads. In fact, Florida law recognizes that drivers and pedestrians both have duties of care when navigating these shared spaces.

If a driver fails to exercise reasonable care and strikes a pedestrian in a parking lot, they can be held liable for any resulting injuries and damages.

Common Causes of Parking Lot Pedestrian Accidents

Several factors can lead to pedestrian accidents in parking lots. The most common include:

• Distracted Driving: Drivers looking at phones or GPS devices may not see pedestrians while turning or backing up.
• Poor Visibility: Tight spaces, parked cars, and low lighting can obscure a pedestrian’s presence.
• Speeding or Reckless Driving: Though speed limits are lower, some drivers rush through parking lots without caution.
• Failure to Yield: Drivers often fail to yield the right-of-way to pedestrians in crosswalks or designated walking areas.
• Negligent Design or Maintenance: In some cases, poor signage, lack of lighting, or bad layout may contribute to the accident — raising the potential for property owner liability.

Can You File a Lawsuit After a Parking Lot Pedestrian Accident?

Yes, you can sue the at-fault driver if their negligence caused your injuries. Florida law allows victims of personal injury accidents, including those occurring in parking lots, to pursue compensation through a civil lawsuit when their damages exceed what’s covered by insurance.

You may have grounds to file a lawsuit if:

• The driver failed to yield or was distracted
• You suffered serious injuries (e.g., broken bones, head trauma, internal injuries)
• Your medical costs, lost wages, or pain and suffering are significant
• The insurance company denies or undervalues your claim

To succeed in a lawsuit, you must prove that the driver was negligent and that their actions directly caused your injuries. A personal injury attorney can help gather the evidence and build a case on your behalf.

Does Florida’s No-Fault Law Apply to Parking Lot Accidents?

Florida is a no-fault state, which means your personal injury protection (PIP) coverage will typically cover your initial medical expenses — even if you were a pedestrian and not in a vehicle at the time of the accident.

PIP insurance usually covers up to 80% of medical bills and 60% of lost wages, up to $10,000. However, if your injuries meet Florida’s “serious injury” threshold, you can pursue a lawsuit against the at-fault driver for additional compensation, including pain and suffering.

What Damages Can You Recover in a Lawsuit?

If you pursue a personal injury claim after a parking lot pedestrian accident, you may be entitled to compensation for a range of damages, including:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation or therapy costs
• Out-of-pocket expenses (e.g., transportation, home modifications)

The total value of your claim will depend on the severity of your injuries, the impact on your daily life, and the level of negligence by the driver.

Can the Property Owner Be Held Liable?

In some cases, the property owner — such as the owner of the shopping center, apartment complex, or business — may share liability for the accident. You may have a claim against the property owner if:

• The parking lot was poorly lit or maintained
• There were no visible pedestrian walkways or warning signs
• Security cameras were non-functional or signage was misleading

Proving premises liability requires showing that the property owner knew or should have known about the hazardous condition and failed to fix it in a timely manner.

What Should You Do After a Parking Lot Pedestrian Accident in Florida?

If you’re struck by a vehicle in a parking lot, taking the right steps early on can protect your health and strengthen your legal case:

• Call 911 and seek medical attention, even if injuries seem minor
• Report the incident to the police and request an official accident report
• Take photos of the scene, your injuries, and vehicle/license plate
• Get contact information for the driver and any witnesses
• Do not give recorded statements to insurance companies without legal advice
• Contact a Florida pedestrian accident attorney to discuss your case

Contact Kemp Injury Law Today for your Pedestrian Accident Case

Parking lot pedestrian accidents can result in serious injuries and long-term consequences. Even though these accidents may seem minor at first, medical complications and legal complexities can arise quickly. If you've been hurt due to a driver’s negligence or unsafe property conditions, don’t try to handle the case alone.

At Kemp Injury Law, we help injured pedestrians in Lakeland and across Florida pursue the compensation they deserve. Our legal team will investigate the accident, negotiate with insurers, and represent your best interests from start to finish.

Contact us today for a free consultation and find out how we can help you move forward with confidence.