Struck by a Vehicle? Talk to a Miami Lawyer Right Away

If you have been struck by a vehicle in Miami — whether you were a pedestrian crossing the street, a cyclist on a bike path or roadway, a person standing in a parking lot, or another driver in a vehicle that was hit — Florida law gives you the right to compensation from the at-fault driver. But Florida law also imposes tight deadlines, technical insurance requirements, and a comparative-negligence rule that can wipe out your recovery if you are found more than 50% at fault. The decisions you make in the first few days after being struck can determine whether you recover full compensation or settle for a fraction of what your case is worth.

The First 14 Days

Florida's no-fault PIP statute requires that you be evaluated by a licensed medical provider within 14 days of the incident to preserve your $10,000 in PIP medical benefits. Whether you are the driver, passenger, pedestrian, or cyclist who was struck, this 14-day rule applies. Missing the deadline forfeits the coverage and can permanently complicate your liability case as well, because gaps in early treatment are routinely used by defense lawyers to argue your injuries were not caused by the crash.

If You Were a Pedestrian or Cyclist

Pedestrians and cyclists struck by motor vehicles in Florida are entitled to PIP benefits — usually under their own auto policy if they have one, under a resident relative's auto policy, or (if neither exists) under the policy of the vehicle that struck them. Florida law (§ 316.130) requires drivers to yield to pedestrians in crosswalks. South Florida is consistently ranked among the most dangerous metropolitan regions in the country for pedestrians, and inadequate roadway design — long signal cycles, missing crosswalks, wide arterials — contributes to many of these crashes.

Pedestrian and cyclist injuries almost always cross Florida's "serious injury" threshold under § 627.737 (broken bones, traumatic brain injury, significant scarring), allowing you to step outside the no-fault system and bring a full liability claim against the at-fault driver.

If the Driver Fled the Scene

Hit-and-run incidents 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 using traffic-camera footage, business surveillance video, and tip lines, but we begin the UM claim immediately so the case is not delayed.

Insurance Sources We Investigate

Your own PIP coverage
The at-fault driver's bodily injury liability coverage
The at-fault driver's umbrella policy, if any
Commercial coverage if the at-fault vehicle was being used for work
Your own uninsured/underinsured motorist coverage (potentially stacked across multiple vehicles)
MedPay coverage on your auto policy, if any

What to Do

Call 911 — make sure a Florida Traffic Crash Report is generated
Get medical evaluation, even if you "feel okay"
Photograph the scene, vehicles, your injuries, and anything else relevant
Get the names and contact information of witnesses
Do not give a recorded statement to the at-fault driver's insurance carrier
Do not sign anything without a lawyer's review
Call a personal injury lawyer immediately

Comparative Fault Under § 768.81

Since March 2023, Florida applies modified comparative negligence under HB 837. If the jury finds you more than 50% at fault, you recover nothing. At 50% or below, your damages are reduced by your percentage of fault. In pedestrian and cyclist cases, the defense will typically argue that the injured person was outside the crosswalk, crossing against the signal, riding on the wrong side of the road, riding without lights or reflective gear at night, or otherwise contributed to the crash. Pushing your share of fault as far below the 50% bar as possible is one of the most important strategic tasks of plaintiff's counsel.

Statute of Limitations

HB 837 also shortened Florida's general negligence statute under § 95.11 from four years to two years. A crash today must be filed in court within two years of the date of the incident. Wrongful death claims must be filed within two years of death. The deadline runs from the crash date, not from when treatment ends or when the full extent of the injuries is known. Missing the deadline extinguishes the claim entirely.

Stacking UM Coverage

One of the most important — and most overlooked — sources of recovery in Florida pedestrian and cyclist cases is the injured person's own UM/UIM coverage. Florida law allows insureds to "stack" UM coverage across multiple vehicles on the same household policy, multiplying the available limits. A two-car household with $100,000/$300,000 UM coverage on each vehicle and stacking elected has $200,000/$600,000 available — and it applies even when the injured person was on foot or on a bicycle. Counsel reviews every household auto policy in the first weeks of the case to determine what stacking coverage exists.

Damages Available

Past and future medical expenses, including surgery, rehabilitation, and ongoing care
Past and future lost wages and loss of earning capacity
Future life-care needs in catastrophic cases, supported by a life-care planner
Pain and suffering, mental anguish, and loss of enjoyment of life
Disfigurement and scarring
Loss of consortium for the injured person's spouse
Wrongful death damages under § 768.16 et seq. for surviving spouses, children, and certain dependents
Punitive damages under § 768.72 in qualifying cases involving intentional or grossly negligent conduct (most commonly DUI crashes)

If the Driver Was Drunk

DUI strikes on pedestrians and cyclists are tragically common in South Florida nightlife districts — Brickell, Wynwood, South Beach, and along the major arterials connecting them. A DUI conviction or plea is powerful evidence in the civil case and can support a punitive-damages claim under § 768.72. The criminal case is handled by the State Attorney's Office on its own track, and we coordinate with the criminal prosecution to make sure the civil case is not prejudiced and that the criminal restitution process does not interfere with the civil recovery.

If the Driver Was Working

When the at-fault driver was on duty for an employer — making a delivery, traveling between job sites, or running an errand for the employer — the employer may be vicariously liable under respondeat superior and the employer's commercial coverage becomes available. Rideshare drivers (Uber, Lyft) operating with the app on and an active ride accepted carry commercial liability coverage through the rideshare platform that significantly exceeds personal-auto minimums. Identifying every available source of insurance is one of the first practical tasks of counsel.

Common Pedestrian and Cyclist Defenses

"The pedestrian was outside the crosswalk." Scene photographs, traffic-camera footage, and witness statements are used to lock down the actual position.
"The pedestrian darted into traffic." Time-distance reconstruction and the driver's speed, attention, and reaction time become central.
"The cyclist was on the wrong side of the road." Florida law requires bicycles to follow the rules of the road; counsel must establish the cyclist's lawful position.
"The cyclist was not wearing a helmet." In Florida, only riders under 16 are legally required to wear helmets. Defense will still argue helmet non-use as evidence of comparative fault in head-injury cases, and counsel must be prepared to address it.
"The injuries preexisted the crash." Defense subpoenas every prior medical record. Treating physicians help distinguish baseline conditions from acute trauma.

Evidence to Preserve

The Florida Traffic Crash Report and any supplemental investigation reports
Photographs of the scene, vehicles, injuries, and any equipment (bicycle, helmet, clothing)
Surveillance video from nearby businesses, residences, and traffic cameras — typically retained only 14 to 30 days
Body-worn camera and dashcam footage from responding officers
The driver's cell phone records (subpoenaed in suit to test distracted-driving theories)
Vehicle event recorder data, when available
Medical records and bills
Wage records and tax returns to support lost-earnings claims

Why Miami Venue Matters

Pedestrian and cyclist cases involving Miami-Dade residents are properly venued in the Eleventh Judicial Circuit. Miami juries understand the danger of the area's wide arterials, long signal cycles, and gaps in safe pedestrian and bicycle infrastructure. Local treating physicians at Jackson Memorial, Baptist Health, Mount Sinai, Mercy, and Kendall Regional are accessible for trial. Venue is a strategic decision affecting jury composition, available experts, and realistic settlement value.

Frequently Asked Questions

Should I talk to the at-fault driver's insurance company?

No. Refer all communications to your lawyer. Anything you say will be recorded and used.

What if I was partly at fault?

You may still recover if your share of fault is 50% or less under § 768.81. Damages are reduced proportionally.

What if the driver fled the scene?

Your own UM coverage typically responds as if the unidentified driver were uninsured. The UM claim begins immediately while police investigation continues.

How long do these cases take?

Most pedestrian and cyclist cases resolve within 12 to 24 months. Catastrophic cases can take longer.

What does it cost to hire your firm?

Nothing upfront. We handle pedestrian, cyclist, and motor vehicle cases on a contingency-fee basis and advance all costs of investigation, expert witnesses, and litigation. You owe nothing unless we recover.

The Law Offices of Albert Goodwin handle pedestrian, cyclist, and motor vehicle cases on a contingency basis. There is no fee unless we recover. Call 786-522-1411 or email [email protected] for a free consultation.