Miami Pedestrian Accident Attorney
A pedestrian hit by a vehicle in Miami can recover medical costs, lost income, and pain and suffering from the at-fault driver. Even without owning a car, injured pedestrians can often claim up to $10,000 in PIP benefits through a household member’s auto policy or the striking driver’s insurer. The deadline to sue is two years from the accident.
Car or truck accidents involving pedestrians often cause serious injury or death. Pedestrian accidents involving serious personal injury can occur on streets, roads, avenues, boulevards, state roads, sidewalks or crosswalks throughout South Florida. Accidents involving pedestrians can be caused by cars, trucks, motorcycles, scooters, bicyclists, Uber or Lyft drivers, or even smart cars. Sadly, due to the nature of these types of accidents, the pedestrian has no protection and usually suffers severe injuries.
What Are the Latest Miami Pedestrian Accident Statistics?
The National Highway Traffic Safety Association (NHTSA) has reported that each year there are over 5,000 pedestrian fatalities in motor vehicle related accidents, and about 75,000 pedestrians who suffer serious injuries when hit by a motor vehicle. The most recent data shows that Between 2008 and 2017, drivers struck and killed 49,340 people who were walking on streets all across the United States. That’s more than 13 people per day, or one person every hour and 46 minutes. It’s the equivalent of a jumbo jet full of people crashing—with no survivors—every single month. In the past decade, the number of people struck and killed while walking increased by 35 percent. To be more specific, 2016 and 2017 were the two highest years since 1990 for the number of people who were killed by drivers while walking. The PDI, the measure the study used to calculate the rankings, is based on “the number of people struck and killed by drivers while walking, controlling for the number of people that live in that state or metro area and the share of people who walk to work,” according to the study. Information and data was retrieved from the Fatality Analysis Reporting System (FARS), a national database that quantifies all fatal traffic crashes.
Why Florida is the Deadliest State for Pedestrians?
As a pedestrian, you have little to protect yourself in the event of a pedestrian accident. Sadly, Miami is one of the most dangerous places for pedestrians. More pedestrians are injured in Miami every year than anywhere else in the state. You may be wondering why is this happening? Many experts say that Florida has many land development issues and transportation issues that contribute to these types of accidents. Specifically, there are many wide, subdivision-lined arterial roads outside the city’s urban core that are particularly dangerous for pedestrians. What is happening is that many streets, which are designed for the movement of vehicles, haven’t changed. In fact, Florida roads and streets continue to be built in a manner that is unsafe for pedestrians.
What Are the Common Causes of Pedestrian Accidents?
Pedestrian accidents can occur for a number of different reasons. However, there are certain causes that are reported more frequently than others. Below is a list of some of the most common causes of pedestrian accidents in Florida:
Distracted Driving:
When a driver is concentrating on his cell phone, passenger, or radio instead of the road, accidents are more likely to happen. Unfortunately, many distracted driving accidents occur at intersections, where pedestrians are most likely to be struck by a vehicle.
Distracted Pedestrians:
Drivers aren’t the only ones who are increasingly distracted by technology. Pedestrians are often glued to their phones while walking. Many also wear earbuds or headphones, which can significantly reduce the ability to hear traffic.
Road Rage:
Speeding, changing lanes abruptly, and making illegal turns are all behaviors that cause pedestrian accidents.
Failure to Comply With Local Laws:
Not knowing the law can create a dangerous situation and cause an accident. Many accidents involving pedestrians happen because drivers, bicyclists, and pedestrians aren’t fully familiar with local laws and customs.
Drugs and Alcohol:
Driving under the influence of drugs or alcohol is dangerous. Intoxicated drivers experience reduced reaction times and typically have a difficult time driving a car safely. Drunk drivers are likely to veer from their lane, drive through red lights and stop signs, and drive onto a sidewalk.
What Are the Most Common Injuries in a Pedestrian Accident?
Even if you obey all rules of the road, and cross only when you should at a crosswalk, as a pedestrian, you can potentially be at risk of sustaining severe injuries on Miami roads. Even where a Miami pedestrian accident does not result in a fatality, serious injuries, such as those listed below can result:
- Traumatic brain injuries
- Spinal cord injuries
- Lacerations
- Burns
- Fractures
- Loss of limbs
- Paralysis
- Internal organ damage
- Soft tissue injury
- Broken bones
- Herniated disc
Who Can Be Held Liable for a Pedestrian Accident
To establish negligence in a pedestrian accident claim in Florida, the injured person must show that their injuries were caused by another person’s negligence. Drivers must share the streets with pedestrians and must exercise toward them such caution as an ordinarily prudent person would exercise under like circumstances, having due regard to the apparent ability of the pedestrian to exercise care for his or her own safety. Simply, the rights of pedestrians and drivers are equal and reciprocal. Each is obligated to act with due regard to the movements and actions of the other. The right of each must be exercised in a reasonably careful manner with reference to the reciprocal rights of the other, depending on several factors including the time, location, amount of traffic, physical circumstances, and all other elements that affect travel.
Thus, while a pedestrian has a right to be on a public highway or street, it is the pedestrian’s duty to exercise care to protect himself or herself and to avoid injury by approaching automobiles. Although certain statutes may prescribe the place and manner in which a pedestrian may walk along or upon a public highway, this fact neither limits the right of the pedestrian to use the highways nor affects the general rule that the rights of pedestrians and motorists to use the highway are reciprocal. This duty rests on the pedestrian as definitely as it rests on the driver of the automobile to use care to avoid injury to the pedestrian. The degree of care that a driver must exercise with regard to pedestrians varies with the circumstances of each and every case. For example, if a motorist is traveling in a congested area, such as a shopping district, a residential district containing churches, schools, or playgrounds, a motorist must exercise proper care for pedestrians who are lawfully in the area and drive at such reduced speed that the safety of pedestrians in the area will not be jeopardized. Likewise, where a motorist approaches a crosswalk or an intersection at which pedestrians have the right of way, the motorist is bound to notice pedestrians who are exercising the right of crossing the highway and must exercise reasonable care not to injure them. This rule is particularly appropriate in Miami and Broward, where the use of streets and street crossings by vehicles and pedestrians is great. Where a motorist is driving on a busy street at a point that is not frequently traversed by pedestrians, the motorist is charged with an even higher degree of care or vigilance in order to protect pedestrians and avoid an accident.
What Compensation Can Pedestrian Accident Victims Receive?
It is extremely important for drivers in Florida to understand that they need to be exceptionally careful while driving and even more careful while pedestrians are walking in the streets. When a pedestrian is injured due to someone else’s negligence, a pedestrian can recover damages for the injuries sustained. After a pedestrian accident, a driver can be held accountable. In such cases, a pedestrian is eligible to file a personal injury lawsuit against the driver, to seek compensation for injuries such as:
- The cost of medical care
- The cost of long-term treatment
- The income you’ve lost from recovering from your injuries
- The loss of earning ability you’ve suffered from your injuries
- Physical and emotional pain and suffering
How Can a Miami Pedestrian Accident Attorney Help You?
Have you or someone you love has been injured as a pedestrian in Miami? If so, you may be entitled to compensation from the person who caused your accident. Contact the Miami pedestrian accident lawyers at Suarez & Montero to find out how we can help you. We’re prepared to help you fight for the money you need and deserve. Call to schedule a free consultation today. We are available 24/7 to take your call. There is no replacement for quality legal advice after being involved in a pedestrian accident. The pedestrian accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident.
Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
Schedule a FREE Consultation ! Call 305-631-1911
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
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Frequently Asked Questions
How can a personal injury accident attorney help after a pedestrian accident?
When you are injured due to someone else’s negligence, you have a right to seek compensation for your injuries and other damages. You also need to focus on recovering from your injuries. Hiring a pedestrian accident attorney can help take some stress off of your shoulders because an attorney can help you understand the personal injury claims process and can advocate on your behalf to obtain the compensation you deserve. Hiring a Miami pedestrian accident lawyer will give you the time you need to get back on your feet and help to maximize your recovery.
How do you obtain compensation after a pedestrian accident?
Due to the nature of pedestrian accidents, victims are more likely to suffer severe injuries. Thus, you may be unable to return to work after a pedestrian accident. You may also require extensive medical treatment and/or rehabilitation. Additionally, treatment for serious injuries can often generate enormous medical bills. It goes without saying that without an income, the financial burden can be overwhelming. What happens when your costs exceed the limits of your insurance policy? You can take action and file a personal injury claim against the person who caused your accident.
How do you determine fault in a Pedestrian accident in Florida?
Generally, damages in auto accident cases are determined by the degree of fault that is assigned to each party involved. As a victim in an auto accident case, you are to be compensated by your own auto insurance provider through PIP and then from the at fault party’s insurance company. To establish a claim for negligence, you must establish that a (1) a duty was owed, (2) duty breached; (3) breach was cause-in-fact (but for) and proximate cause of plaintiff’s injuries; and (4) breach caused injuries. A duty is owed only to foreseeable plaintiffs. The plaintiff must show that “but for” the defendant’s breach (cause-in-fact) the plaintiff would not have been injured, and the defendant’s actions were the proximate (or legal) cause of the injuries and that such injuries were a foreseeable consequence of the defendant’s actions.
Can a pedestrian get PIP benefits in Florida?
Yes. A pedestrian struck by a vehicle in Florida can usually claim up to $10,000 in Personal Injury Protection benefits — through their own auto policy if they have one, through a resident family member’s policy, or through the striking vehicle’s insurer. PIP pays 80 percent of medical bills and 60 percent of lost wages, but treatment must begin within 14 days.
How long does a pedestrian have to file an injury lawsuit in Florida?
Two years from the date of the accident, under the statute of limitations that applies to Florida negligence claims arising after March 24, 2023. Wrongful death claims arising from a fatal pedestrian accident also carry a two-year deadline. Missing the deadline bars the claim, regardless of how strong it is.
What compensation can an injured pedestrian recover in Florida?
An injured pedestrian can recover the full cost of medical care, future treatment, lost wages and reduced earning capacity, and pain and suffering from the at-fault driver. If the driver fled or carries no bodily injury coverage, uninsured motorist coverage on the pedestrian’s own or a household policy often becomes the main source of recovery.
