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Pedestrian Accidents

Miami Pedestrian Accident Lawyers

Trusted Legal Counsel for Clients Across South Florida

Pedestrian accidents remain a significant concern both nationally and in Florida. With its year-round warm weather, walking in public areas is common for Floridians of all ages. Unfortunately, pedestrians are at the highest risk of serious injury in accidents due to their complete lack of bodily protection. 

According to the Insurance Institute for Highway Safety (IIHS), 7,522 pedestrians died in U.S. traffic crashes in 2022, accounting for 18 percent of all traffic fatalities. Florida Highway Safety and Motor Vehicles reported over 10,000 pedestrian accidents in 2022, which resulted in 765 deaths. 

Altumint, a leader in traffic safety technology, ranked Miami third in the country in pedestrian traffic fatalities in its Road Safety Report.  

These statistics underscore the prevalence of pedestrian accident injuries in our region and the need for experienced legal representation in personal injury and wrongful death claims. 

If you or a loved one has been injured in a negligence-based pedestrian accident, Raposo & Lukacs can put proven legal proficiency and personalized support on your side in pursuing full compensation for damages. For nearly two decades, we have secured tens of millions of dollars on behalf of our clients.

Call (305) 575-2177 at Raposo & Lukacs or contact us online for a free consultation with a Miami pedestrian accident attorney. Hablamos español.

 

What is a Pedestrian Accident?

A pedestrian accident occurs when a person on foot is struck by a vehicle, bicycle, or other motorized mode of transportation. These accidents can range from minor scrapes and bruises to life-altering injuries or even fatalities. In Miami, pedestrian accidents are unfortunately common due to the city’s busy streets, heavy traffic, and popular tourist areas.

Common types of injuries from pedestrian accidents include:

Prompt medical attention and legal representation are crucial after a pedestrian accident to ensure your health and protect your right to compensation.

Florida Pedestrian Laws

Florida law imposes specific rules to protect pedestrians and define the responsibilities of drivers. Key provisions include:

  • Right of Way: Pedestrians generally have the right of way at crosswalks, whether marked or unmarked. Drivers must yield when a pedestrian is crossing the street.
  • Jaywalking: Pedestrians must obey traffic signals and cross at designated crosswalks whenever possible. Failure to do so may affect liability.
  • Driver Responsibilities: Florida drivers must exercise due care to avoid hitting pedestrians. This includes obeying speed limits, staying alert, and avoiding distractions.

Violations of these laws can have a direct impact on the outcome of a pedestrian accident claim. A skilled attorney can analyze the situation and determine whether a driver’s negligence caused your injuries.

What Causes Pedestrian Accidents?

Pedestrian accidents often result from driver negligence, environmental hazards, or unsafe pedestrian behavior. Common causes include:

  • Distracted Driving: Texting, phone calls, or in-car distractions are leading contributors.
  • Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of injuries.
  • Driving Under the Influence: Alcohol or drugs significantly impair judgment and reflexes.
  • Failure to Yield: Drivers sometimes fail to yield at crosswalks or intersections.
  • Poorly Maintained Roads: Uneven sidewalks, potholes, and inadequate signage can contribute to accidents.

Understanding the cause of your accident is essential in establishing liability and building a strong legal case.

Where Do Pedestrian Accidents Often Occur in Miami?

Certain areas in Miami are more prone to pedestrian accidents due to heavy traffic, high foot traffic, or insufficient safety measures. Common hotspots include:

  • Downtown Miami and Brickell
  • Miami Beach, especially tourist-heavy areas
  • School zones and college campuses
  • Busy intersections along major roads like Biscayne Boulevard or Flagler Street
  • Parking lots and commercial areas

Identifying the location and circumstances of an accident helps your attorney gather evidence and determine liability.

Liability for Pedestrian Accidents

In Florida, determining liability often depends on whether the driver acted negligently or violated traffic laws. Possible liable parties include:

  • The driver of the vehicle
  • A company or employer if the driver was on duty
  • Government entities in some cases, if poor road conditions contributed to the accident

Florida follows a comparative negligence rule, meaning that if a pedestrian is partially at fault, their compensation may be reduced proportionally. An experienced Miami pedestrian accident attorney can help assess fault and maximize your recovery.

Compensation Available for Injured Pedestrians

Pedestrians injured in accidents may be entitled to various forms of compensation, including:

  • Medical Expenses: Hospital bills, rehabilitation costs, and ongoing medical care.
  • Lost Wages: Income lost due to an inability to work during recovery.
  • Pain and Suffering: Compensation for physical and emotional distress.
  • Loss of Enjoyment of Life: If injuries prevent normal daily activities or hobbies.
  • Wrongful Death: In cases where a pedestrian is fatally injured, families may pursue a wrongful death claim.

Your attorney will calculate all potential damages and fight to ensure you receive the compensation you deserve.

Pedestrian Accident FAQs

Q: How long do I have to file a claim in Florida?

A: In Florida, the statute of limitations for personal injury claims is generally four years from the date of the accident.

Q: What should I do immediately after a pedestrian accident?

A: Seek medical attention, report the accident to the police, document the scene, and contact an experienced attorney.

Q: Can I still recover damages if I was partially at fault?

A: Yes. Florida’s comparative negligence law allows you to recover damages, but your compensation may be reduced based on your percentage of fault.

Q: Will my case go to trial?

A: Many pedestrian accident cases are resolved through settlements, but your attorney will prepare to go to trial if a fair settlement cannot be reached.

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    “John goes the extra mile to fight for what you deserve, keeping you informed every step of the way. Highly recommended!”
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    “Raposo & Lukacs fought for our family and won. Thoughtful, thorough, and professional—John, Jose, and Cassandra truly go above and beyond!”
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    “A seamless and professional experience from start to finish. This firm provided exceptional care, support, and expertise throughout the entire process.”
    Brenda C.
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    “Raposa & Lukacs work tirelessly to secure the best outcome for their clients. Highly recommended for anyone in need of legal services!”
    Justin P.
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    “José and Cassandra provided exceptional support, creating a family-like environment. Grateful for Dr. B’s help in restoring my back after the accident!”
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The Importance of Legal Representation for Miami Pedestrians

Legal representation for your personal injury claim in the wake of a pedestrian accident is not just helpful but essential. Complex traffic laws, resistant insurance companies, and the claim process can all be overwhelming, especially when you are in the midst of physical recovery. 

No one should have to battle an insurance company while recovering from a traumatic accident, but unfortunately, it is often part of the process. Insurance adjusters are trained to minimize payouts and offer settlements that are far short of covering your losses. Worse, they may attempt to use anything you say against you to reduce or deny your claim.

Our experienced attorneys can act as advocates, handling all factors related to your accident and injuries. We can cut through the red tape and stand firm against lowball offers or other tactics to disadvantage you. 

Contact us online or at (305) 575-2177 for a free case review with a Miami pedestrian accident attorney. Hablamos español.

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