Miami Pedestrian Accident Lawyer - Help After You Are Hit by a Car

Crosswalk Accidents in Miami

Under Florida law, drivers must yield the right of way to pedestrians in marked and unmarked crosswalks. When a driver strikes a pedestrian in a crosswalk, the driver is generally considered at fault. However, insurance companies may still argue comparative negligence - claiming the pedestrian stepped into the road suddenly or was distracted by a phone. If that is the argument you are facing, a crosswalk accident lawyer can gather the signal timing, witness accounts and vehicle positioning that answer it.

Non-Crosswalk Accidents

Pedestrians who cross outside of a crosswalk have a duty to yield to vehicular traffic. However, this does not absolve the driver of all responsibility. Drivers are required to exercise due care to avoid striking any pedestrian on the road. Under Florida's modified comparative negligence system (F.S. §768.81), even a pedestrian who was jaywalking may recover compensation - provided they are found less than 51% at fault.

Common Causes of Driver Negligence

The most common driver behaviors that cause pedestrian accidents in Miami include:

• Distracted driving - texting, phone calls, GPS navigation, and eating while driving
• Speeding - higher speeds dramatically reduce a driver's ability to see and stop for pedestrians, and exponentially increase the severity of injuries
• Failure to yield at crosswalks - particularly at uncontrolled crosswalks and right-turn-on-red situations
• Impaired driving - alcohol and drug impairment remain a significant factor in pedestrian fatalities, especially at night
• Failure to yield when turning - drivers making left turns frequently fail to check for pedestrians in the crosswalk

PIP Coverage for Pedestrian Accidents

Florida's PIP (Personal Injury Protection) insurance under F.S. §627.736 applies to pedestrian accidents. If you carry auto insurance with PIP coverage, your policy may cover up to $10,000 in medical expenses and lost wages - but you must seek treatment within 14 days. For injuries that exceed PIP limits, which is common in pedestrian crashes, you may pursue a claim against the at-fault driver's bodily injury liability insurance.

When a vehicle strikes a pedestrian, the human body absorbs the full force of the impact with no protection. Pedestrian accident injuries are almost always serious and frequently life-altering:

• Traumatic brain injuries (TBI) - Pedestrians struck by vehicles are at high risk for concussions, contusions, and severe traumatic brain injuries when their head strikes the vehicle, pavement, or other objects. Learn more about brain injury claims.
• Fractures and broken bones - Leg, hip, pelvis, arm, and rib fractures are common. Many require surgical repair with plates, screws, or rods, and may result in permanent limitations.
• Spinal cord injuries - The impact force can damage the spinal cord, potentially causing partial or complete paralysis. These are among the most catastrophic outcomes of pedestrian accidents.
• Internal organ damage - Blunt force trauma to the abdomen and chest can cause internal bleeding, organ lacerations, and punctured lungs.
• Severe road rash and soft tissue injuries - Pedestrians thrown to the pavement often suffer deep abrasions, lacerations, and soft tissue damage.
• Emotional and psychological trauma - PTSD, anxiety, depression, and fear of crossing streets are common after pedestrian accidents.

Under F.S. §95.11(5)(a), for claims arising after March 24, 2023, you have two years from the date of the accident to file a personal injury lawsuit. Our Miami personal injury attorneys can evaluate the full extent of your damages at no cost.