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

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.