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.

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.

Attorney Albert Goodwin

About the Author

Albert Goodwin, Esq. is a licensed attorney with over 18 years of courtroom experience handling personal injury cases. His extensive knowledge and trial experience make him well-qualified to write authoritative articles on a wide range of personal injury topics. He can be reached at 786-522-1411 or [email protected].

Albert Goodwin gave interviews to and appeared on the following media outlets:

ProPublica Forbes ABC CNBC CBS NBC News Discovery Wall Street Journal NPR

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