Florida Pedestrian Laws
Florida has specific traffic laws designed to protect pedestrians and promote safe sharing of the road. Some of the most important include:
- Right-of-Way in Crosswalks – Drivers must yield to pedestrians legally crossing at marked or unmarked crosswalks.
- Obligation to Use Sidewalks – If a sidewalk is available, pedestrians are required to use it. If there is no sidewalk, pedestrians must walk on the shoulder, facing traffic.
- Traffic Signals – Pedestrians must obey traffic signals and cross only when indicated by walk signals.
- Duty of Care for Drivers – Even when pedestrians are not in a crosswalk, drivers are still required to exercise due care to avoid hitting them.
When these rules are violated, it can establish liability for the accident. A skilled attorney will carefully review the circumstances to determine whether traffic laws were broken.
Common Causes of Pedestrian Accidents
Pedestrian accidents in Miami often stem from driver negligence or carelessness. Some common causes include:
- Distracted Driving – Texting, using GPS, or other distractions divert a driver’s attention from the road.
- Speeding – Higher speeds reduce reaction times and increase the severity of impact.
- Failure to Yield – Drivers may ignore crosswalks or fail to stop at intersections.
- Impaired Driving – Alcohol or drug use greatly increases the risk of pedestrian crashes.
- Poor Visibility – Nighttime driving or low-light conditions contribute to accidents when drivers fail to spot pedestrians.
- Left-Hand Turns – Many accidents occur when drivers making left turns do not see pedestrians crossing the street.
If you are a pedestrian who was severely injured in a crash, you are not alone; you live in the state where pedestrian accidents and deaths are most likely to occur. Florida consistently ranks as one of the riskiest states for pedestrians. In Smart Growth America’s “Dangerous By Design” study, analysts reviewed 2010–2019 data from the Fatality Analysis Reporting System (FARS), a national database of all fatal traffic crashes, and found that the Miami–Fort Lauderdale–Pompano Beach area ranked 13th out of the top 20 most dangerous cities nationwide for pedestrians, with 1,675 pedestrian fatalities in that ten-year period.
Who is Liable for a Pedestrian Accident?
Determining liability in a pedestrian accident requires a careful investigation into the circumstances of the crash. Potentially responsible parties may include:
- The Driver – Most often, the driver who hit the pedestrian is held liable, especially if they were speeding, distracted, or intoxicated.
- Employers – If the at-fault driver was working at the time of the accident (such as a delivery driver), their employer may share liability.
- Government Entities – In cases where unsafe road design, malfunctioning traffic signals, or poor maintenance contributed to the accident, a government agency could be responsible.
- Third Parties – In some cases, other motorists, bicyclists, or rideshare drivers may play a role in causing the crash.
An experienced Miami pedestrian accident attorney will gather evidence such as police reports, traffic camera footage, and witness testimony to identify all liable parties.
In many Miami cases, insurance coverage can also become complex when multiple policies are involved, such as commercial policies for delivery vehicles, rideshare coverage, and your own auto or health insurance. Sorting out which insurer should pay, and in what order, often requires a detailed review of policy language and coordination of benefits so that medical providers are paid and your out-of-pocket losses are documented accurately. By having a lawyer manage these issues from the start, you reduce the risk of missed deadlines, conflicting statements to insurers, or accepting a quick offer that does not reflect the full value of your claim.
Recovering Compensation After a Pedestrian Accident in Miami
If you have been injured in a pedestrian accident, you may be entitled to significant compensation for both economic and non-economic damages, including:
- Medical Expenses – Emergency care, hospitalization, surgery, rehabilitation, and ongoing medical treatment.
- Lost Wages – Income lost while recovering from injuries and diminished future earning potential.
- Pain and Suffering – Compensation for the physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life – Damages for reduced ability to participate in activities once enjoyed.
- Wrongful Death – If a loved one was killed, family members may pursue damages for funeral expenses, loss of support, and emotional suffering.
Florida law requires accident victims to act quickly. In most cases, the statute of limitations gives you only two years from the date of the accident to file a personal injury claim. Working with a qualified lawyer helps ensure that your claim is filed properly and on time.
How Our Miami Pedestrian Accident Attorneys Can Help
After a serious crash, many people feel overwhelmed by medical appointments, insurance phone calls, and time away from work. Our team at The Florida Law Group steps in to handle the legal and insurance details so you can focus on healing. We take the time to learn how the accident has affected you and your family, then build a strategy aimed at holding negligent parties accountable under Florida law.
When you contact us, we start by listening to your story and reviewing any documents you already have, such as crash reports or medical records from local hospitals in Miami-Dade County. From there, we can coordinate further investigation, consult with medical and financial professionals when appropriate, and communicate directly with insurers on your behalf. Because our firm is attorney-owned and attorney-led, you can expect to work with lawyers, not case managers, throughout your case.
As your claim progresses, we explain each step in clear language, including options for settlement, litigation, or trial in the appropriate Miami-Dade County court. We also keep you updated on important deadlines and developments so you are never left guessing about the status of your case. By combining decades of personal injury experience with a client-first approach, we work to put you in the best possible position to seek full and fair compensation for your losses.
What to Do After a Pedestrian Accident in Miami
The hours and days after a pedestrian accident can be confusing, especially if you are dealing with pain or a hospital stay. Knowing what to do can help protect both your health and your legal rights. Your first priority should always be getting medical care, whether that is from emergency responders at the scene or at a nearby facility such as a trauma center or urgent care clinic in Miami.
As soon as your condition allows, it is helpful to obtain a copy of the police report, write down your own memories of what happened, and gather contact information for witnesses or nearby businesses that may have security cameras facing the street. You should also keep track of all medical providers you see, medications prescribed, and any time missed from work. These details can become important evidence in a future claim handled by a pedestrian accident attorney.
Before speaking at length with an insurance adjuster or signing any documents, consider reaching out to a lawyer who regularly handles pedestrian injury cases in Miami. Early legal guidance can help you avoid common missteps, such as giving a recorded statement that is later used to limit your recovery or overlooking potential sources of insurance coverage. With the right support, you can move forward with greater confidence while focusing your energy on your physical recovery.
Pedestrian Accident FAQs
Do I Still Have a Case If I Wasn’t in a Crosswalk When I Was Hit?
Yes, possibly. While being outside of a crosswalk may affect liability, drivers still have a duty to avoid hitting pedestrians whenever possible.
What If the Driver Fled the Scene?
If you were injured in a hit-and-run, you may still be able to recover compensation through your own uninsured motorist (UM) coverage or other legal avenues.
How Long Does a Pedestrian Accident Case Take?
The timeline depends on factors such as the severity of injuries, insurance company cooperation, and whether the case goes to trial. Some cases settle within months, while others may take longer.
Do I Need a Lawyer If the Insurance Company Offers Me a Settlement?
Yes. Insurance companies often make low offers to resolve cases quickly. A Miami pedestrian accident attorney can evaluate whether the settlement truly covers your losses.
What Does It Cost to Hire Your Firm?
At The Florida Law Group, we handle pedestrian accident cases on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case.
Speak with a Miami Pedestrian Accident Lawyer Today
Miami is an iconic party city – one of the largest urban areas, a cultural center, a tourist hot spot, a beach destination, the queen of nightlife. Because it is so busy and crowded, and because of the sometimes reckless or intoxicated behaviors of drivers in the city, it can be a dangerous place to be a pedestrian.
If you or a loved one has been injured as a pedestrian in Miami, do not face the legal process alone. The Florida Law Group is committed to helping accident victims pursue justice and maximum compensation. Our team understands the challenges you are facing and is ready to provide compassionate, determined representation.
Contact us today at (833) 899-0310 for a free consultation with an experienced Miami pedestrian accident attorney.
