Pedestrian Accident Lawyer in Miami

Smart Growth America's annual Dangerous by Design report has consistently ranked the Miami-Fort Lauderdale-West Palm Beach metro area among the most dangerous regions in the country for pedestrians. Wide arterial roads built for cars, long signal cycles, scarce crosswalks, year-round tourist foot traffic, and aggressive driving combine to put walkers at serious risk on streets across South Florida — from Miami Beach and South Beach to Brickell, Coral Gables, Coconut Grove, Wynwood, and the older suburban grids of Hialeah and Homestead. If you or a loved one has been struck by a vehicle while walking, a Miami pedestrian accident lawyer can help you secure both your no-fault medical benefits and the larger third-party recovery you may be entitled to.

Pedestrians and Florida No-Fault Insurance

Florida's no-fault PIP coverage applies to pedestrians too. If you were struck by a motor vehicle while on foot, you are entitled to PIP medical and wage-loss benefits — usually under your own auto policy if you have one, or under a resident relative's policy, or (if neither exists) under the policy of the vehicle that struck you. The 14-day medical-treatment requirement still applies: you must be evaluated by a licensed provider within 14 days of the crash to preserve PIP benefits.

Pedestrian injuries also almost always cross Florida's "serious injury" threshold under § 627.737 — broken bones, traumatic brain injury, and significant scarring are common — which means you can step outside the no-fault system and sue the at-fault driver for full damages including pain and suffering.

Common Causes of Miami Pedestrian Crashes

• Drivers turning right on red without looking for pedestrians in the crosswalk
• Failure to yield at unsignalized crosswalks (Florida law requires drivers to yield to pedestrians in crosswalks under § 316.130)
• Distracted driving — phone, infotainment, navigation
• Speeding on multi-lane arterials with high posted limits
• Drunk and drugged driving, particularly in nightlife districts
• Backing crashes in parking lots, valet lanes, and driveways
• Hit-and-run — Miami has a serious hit-and-run problem affecting pedestrians
• Inadequate roadway design — long signal cycles, missing crosswalks, poor lighting

If the Driver Fled the Scene

Hit-and-run pedestrian crashes are tragically common in Miami. Even if the at-fault driver is never identified, recovery may still be possible. Florida's Uninsured Motorist (UM) coverage will respond as if the unidentified driver were uninsured, allowing you to make a claim against your own UM policy. We routinely work with police to identify hit-and-run drivers through traffic-camera footage, business surveillance video, paint transfer evidence, and tip lines, but we also begin the UM claim immediately so the case is not delayed.

Damages in a Pedestrian Crash Case

Pedestrians struck by vehicles often suffer life-altering injuries — traumatic brain injury, spinal cord injury, multiple fractures, internal injuries, and amputation. The full damages picture in a serious pedestrian case usually includes:

• Past and future medical expenses, including surgeries, rehabilitation, prosthetics, and home modifications
• Past and future lost wages and lost earning capacity
• Pain, suffering, and mental anguish
• Loss of enjoyment of life
• Permanent disability and disfigurement
• Loss of consortium for spouses
• Wrongful-death damages for surviving family members in fatal cases

Comparative Negligence in Pedestrian Cases

Defense lawyers routinely argue that the pedestrian was at fault — for crossing outside a crosswalk, for jaywalking, for wearing dark clothing at night, or for being distracted. Under Florida's modified comparative-negligence rule (51% bar), if a jury assigns the pedestrian more than 50% of the fault, recovery is barred entirely. The earliest investigative steps — preserving traffic-camera and dashcam video, obtaining the Florida Traffic Crash Report, identifying witnesses, and documenting the scene — are critical to anchoring the liability story on the driver.

Florida Crosswalk Law in Detail

Section 316.130 sets out the basic crosswalk rules, and § 316.130(7)(a) specifically requires drivers to stop and remain stopped for pedestrians in a marked crosswalk or at an intersection's unmarked crosswalk when the pedestrian is on the driver's half of the roadway or close enough to be in danger. A pedestrian crossing outside a crosswalk between adjacent signalized intersections must yield to vehicles. These distinctions become critical in the crash reconstruction — a pedestrian struck inside the painted crosswalk lines at 41st Street and Collins, at Brickell Avenue and SE 8th, or anywhere along Lincoln Road has a much stronger liability position than one struck mid-block on Biscayne Boulevard. We map the exact strike location against the actual crosswalk geometry, not the driver's after-the-fact estimate.

Dangerous Instrumentality and Owner Liability

Florida's dangerous-instrumentality doctrine holds the owner of a motor vehicle vicariously liable for the negligence of anyone who drives it with the owner's consent. That matters in pedestrian cases because the driver who hit you may have been driving someone else's car — a parent's, a roommate's, a rental, or an employer's. The owner's policy and assets are on the table alongside the driver's. Rental car companies have a statutory cap under 49 U.S.C. § 30106 (the Graves Amendment) for owner liability in many cases, but commercial fleet owners, family members, and employers do not.

Miami Pedestrian Hot Spots

• Brickell. Dense pedestrian volume, drivers cutting across crosswalks turning into garages, especially along Brickell Avenue, SE 8th Street, and the Mary Brickell Village block
• Miami Beach. Ocean Drive, Collins Avenue, Washington Avenue, and the cross-streets to Lincoln Road. Tourist foot traffic combined with alcohol-impaired drivers
• Little Havana. SW 8th Street (Calle Ocho) has wide cross-sections and limited mid-block crossings
• US-1 from Coconut Grove to Cutler Bay. Multi-lane high-speed arterial with frequent driveway conflicts
• Downtown. Flagler Street, Biscayne Boulevard, the Government Center area, Metromover stations
• Hialeah and the older grid suburbs. Missing sidewalks and long signal cycles

Damages

Beyond the categories listed above, serious pedestrian cases typically include life-care planning for prosthetics and orthotics, vocational rehabilitation, home and vehicle modifications, attendant care, and long-term mental-health treatment. We work with vocational experts and life-care planners to project these costs to present value, particularly in catastrophic and pediatric cases.

Evidence to Preserve

• The Florida Traffic Crash Report (long form, not driver-exchange short form)
• FDOT, City of Miami, Miami Beach, Coral Gables, and Miami-Dade traffic-camera video — typically overwritten within 72 hours to 30 days
• Business surveillance video from adjacent stores, hotels, gas stations, parking garages
• Dashcam footage from rideshare vehicles, buses, and other passing cars
• The striking vehicle's event data recorder (EDR), infotainment data, and any subscription telematics (OnStar, FordPass, Toyota Connected)
• The pedestrian's clothing, footwear, and any personal items in the strike zone
• Cellphone records for both pedestrian and driver to address distraction claims
• Signal-timing logs and signage inventories from the FDOT District 6 office

Common Defense Tactics

• "The pedestrian darted out." Defense reconstructionists run sight-distance calculations that assume the driver could not have braked in time. Independent calculation often shows otherwise.
• "The pedestrian was outside the crosswalk." Strike-location forensics — paint chips, debris field, body rest position, scuff marks — matter more than driver memory.
• "The pedestrian was distracted by a phone." Phone records can usually be reconciled with the timeline and any music/podcast app activity.
• "The pedestrian was intoxicated." Hospital blood alcohol levels can be challenged on collection and chain-of-custody grounds; even if accepted, intoxication is comparative fault, not a bar.
• "The driver was blinded by the sun." Sun-azimuth analysis at the exact time and location can defeat this defense.

Child Pedestrian Cases

Children under six are incapable of comparative negligence under Florida common law, and older children are judged against the standard of children of similar age, intelligence, and experience. Drivers in school zones, near parks, and on residential streets are held to a higher attentiveness standard. Cases involving children struck near schools (Coral Way Elementary, North Beach Elementary, Phillis Wheatley) frequently involve issues of signal timing, crossing-guard staffing, and visibility obstructions.

What to Do After a Pedestrian Crash

1. Accept EMS transport even if you can walk — adrenaline masks serious injury
2. Ask responding officers to generate a long-form Florida Traffic Crash Report
3. Get the names and phone numbers of witnesses before they leave
4. Photograph the scene, your injuries, and the vehicle
5. Preserve clothing, shoes, and any personal items struck or carried into the impact
6. See a doctor within 14 days to preserve any available PIP benefits
7. Do not give a recorded statement to the driver's insurer
8. Pull every household auto-policy declarations page — UM may stack

Frequently Asked Questions

I don't own a car. Do I have any PIP coverage?

If you live with a relative who has Florida auto insurance, that policy's PIP covers you as a pedestrian. If no household policy exists, the striking vehicle's PIP applies.

What if the driver fled?

Hit-and-run claims proceed against your own UM coverage as if the unidentified driver were uninsured. We continue to work with MDPD or the local agency to identify the driver.

How long do I have to file?

Two years from the date of the crash for crashes on or after March 24, 2023.

What if my child was the pedestrian?

Parents may sue as parent-and-natural-guardian. Settlement of a minor's claim above the statutory threshold requires court approval and a guardianship arrangement for the funds.

If you or a loved one has been hit by a vehicle in Miami-Dade, Broward, or Monroe County, the Law Offices of Albert Goodwin can help. We handle pedestrian cases on a contingency basis and advance every cost. Call 786-522-1411 or email [email protected] for a free consultation.