Crosswalk on Ocean Drive in Miami Beach

Miami-Dade · Broward · Palm Beach

Pedestrian Accident Lawyer in Miami

Hit by a Car While Walking in South Florida?

  • Free consultation
  • No attorney’s fee unless we recover
  • Hablamos español
  • Available 24/7
Photo: Marc Fanelli-Isla / Unsplash
  • Free ConsultationNo cost, no obligation
  • No Fee Unless We RecoverContingency fee cases
  • Bilingual AttorneyEnglish & Spanish
  • Available 24/7Same-day communication

A pedestrian has no protection against a car, truck, or bus. Crashes in crosswalks, parking lots, bus stops, and busy corridors across Miami-Dade, Broward, and Palm Beach often cause broken bones, head injuries, and long recoveries. Pedestrian accident lawyer Tomas Robirosa helps injured people and their families understand their rights, deal with insurance companies, and pursue the compensation Florida law allows. Se habla español.

What to Do After Being Hit by a Car

Call 911 and get medical care right away. Under Florida’s no-fault law, Personal Injury Protection (PIP) benefits generally pay only if you receive initial medical treatment within 14 days.

If you or someone with you is able to do so safely:

  1. Get the driver’s name, license, plate number, and insurance information.
  2. Photograph the scene, the vehicle, crosswalk markings, traffic signals, lighting, and your injuries.
  3. Get the names and phone numbers of witnesses.
  4. Note nearby businesses or buses that may have cameras. Footage is often deleted within days.
  5. If the driver left the scene, tell the police everything you remember about the vehicle.
  6. Do not give a recorded statement to the driver’s insurance company before speaking with a lawyer.

Common causes of pedestrian accidents

  • Drivers failing to yield in crosswalks or while turning.
  • Speeding and running red lights.
  • Distracted driving and phone use.
  • Drivers backing up in parking lots and driveways.
  • Poor lighting and dangerous road design.
  • Impaired driving and hit-and-run drivers.

Common Pedestrian Accident Injuries

  • Head and brain injuriesPedestrians often strike the vehicle or the pavement.
  • Leg and hip fracturesBumpers typically strike pedestrians at leg level.
  • Spinal injuriesThe impact and fall can injure the neck and back.
  • Internal injuriesBlunt force can injure internal organs.

Florida Law and Pedestrian Accident Claims

Drivers’ duties to pedestrians

Florida law (section 316.130, Florida Statutes) requires drivers to stop and remain stopped for pedestrians crossing within a marked crosswalk in certain situations and to use due care to avoid colliding with pedestrians. Pedestrians also have duties, such as obeying traffic signals, but a pedestrian who made a mistake may still have a claim.

Who pays your medical bills

Pedestrians hit by a motor vehicle are often covered by Personal Injury Protection (PIP): your own policy, a household member’s policy, or, in some cases, the policy of the vehicle that hit you. PIP pays a portion of medical bills and lost wages up to policy limits. Serious injuries may justify a claim against the at-fault driver’s bodily injury coverage and your uninsured motorist coverage.

The injury threshold

To recover pain and suffering from the at-fault driver, Florida law generally requires a significant and permanent injury, significant and permanent scarring or disfigurement, or death.

Shared fault and deadlines

Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault. For most negligence claims arising after March 24, 2023, the statute of limitations is two years.

What compensation may be available

Depending on the facts, an injured pedestrian may seek medical expenses, lost wages, pain and suffering, and other losses Florida law allows. When a pedestrian accident is fatal, the family may have a wrongful death claim.

Florida Law at a Glance
  • See a doctor within 14 days: in a motor vehicle crash, Personal Injury Protection (PIP) benefits generally require initial medical treatment within 14 days.
  • Deadline to sue: for most negligence claims arising after March 24, 2023, Florida’s statute of limitations is two years.
  • Shared fault: Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.

How We Handle Your Case

  • Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
  • Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
  • Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
  • Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.

Frequently Asked Questions

Does PIP cover a pedestrian hit by a car in Florida?
Often, yes. A pedestrian may be covered by their own PIP policy or a household member’s policy. If you do not own a car and no one in your household has PIP, Florida law may allow PIP benefits through the insurer of the vehicle that hit you, if you are a Florida resident.
What if the driver who hit me left the scene?
Report the crash to the police right away. Uninsured motorist coverage on your own or a household member’s auto policy may help in a hit-and-run. A lawyer can also help look for video footage and witnesses.
What if I was not in a crosswalk?
You may still have a claim. Florida uses modified comparative negligence, so your recovery may be reduced by your share of fault, and you cannot recover if you are found more than 50% at fault. Every case depends on its facts.
How long do I have to file a pedestrian accident claim?
For most negligence claims arising after March 24, 2023, the statute of limitations in Florida is two years.
Can I speak to the lawyer in Spanish?
Yes. Tomas Robirosa and our team speak Spanish and English.

Free Consultation!

Prefer to talk to a lawyer now?

Call (305) 600-0529Se habla español · Available 24/7
Tomas Robirosa
Tomas Robirosa, Esq.Founding Attorney
Florida Supreme Court Certified Circuit Civil Mediator
Tomas Robirosa, Miami personal injury lawyer

Your Attorney

Work Directly With Attorney Tomas Robirosa

Tomas Robirosa is the founding attorney of Robirosa Accident & Injury Law. He built his practice around careful preparation and personal attention: when you hire the firm, you talk to your lawyer, in English or Spanish, and you always know where your case stands.

He graduated cum laude from Nova Southeastern University’s Shepard Broad College of Law, is a Florida Supreme Court Certified Circuit Civil Mediator, and is admitted to practice in Florida state courts and the U.S. District Court for the Southern District of Florida.

  • Licensed in Florida
  • Bilingual: English & Spanish
  • Certified Circuit Civil Mediator
  • U.S. District Court, S.D. Florida
  • Free consultations
  • Contingency fee: no fee unless we recover

Recognition & memberships

Elite Lawyer Personal Injury 2026 badgeLawyers of Distinction 2026 badgeAIOTL 40 Under 40 2026 badgeFlorida Justice Association badgeFlorida Justice Association logoThe Florida Bar Trial Lawyers Section logo

What Our Clients Say

Real reviews from real clients on Google.

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Sebastian C
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Excelente servicio. Me acompañaron durante todo el proceso, siempre estuvieron pendientes de mi caso y mantuvieron una comunicación constante. El equipo fue muy atento, profesional y dispuesto a ayudar en todo momento. ¡Totalmente recomendados!
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Rosalia Rodriguez Aquino
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Es muy buen Abogado, confiable, transparente y muy humanitario. Estás siempre pendiente a todos y muy comunicativo. Me siento muy satisfactoria de su buen trabajo. Ojalá hayan muchos abogados como él. Que Dios lo bendiga Gracias, porque ganamos el caso
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Andrea Silva
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🌟🌟🌟🌟🌟 Wow- excelente experiencia con Tomás. Lo recomiendo al 100%. Cuando ningún otro abogado me apoyaba y sentía que el caso estaba perdido, me conectaron con él y ¡ganamos! El proceso fue claro, fluido y efectivo. Es muy profesional, sabe exactamente lo que hace y realmente le importa ayudar a sus clientes. Estoy muy agradecida por su apoyo y sin duda lo recomendaré a cualquier persona que necesite un abogado.
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Karim Badawy
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Thomas is a true professional! He is knowledgeable and will provide everything he knows for you! Highly recommend!
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Evelynorteganavarro1211 Ortega
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Lo súper recomiendo, una persona muy profesional, honesta. Me ayudó a mí con la solución de un caso, todo salió súper bien,sin duda alguna el mejor..
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Claudn Tattoo
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The best of the best! Currently helping me through my case. Thomas has literally taken away all the stress from this court case
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Maria Lopez profile picture
Maria Lopez
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Quick responses and super helpful. I have the pleasure of working with Thomas and he has been great.
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Faith profile picture
Faith
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I was in a 4 car accident (not at fault), and the whole situation was hectic, to say the least. That's why I'm so happy I found Tomas! From day one, he's given me peace of mind in this extremely stressful situation. He is unlike any other attorney I've worked with. Tomas made the whole process easy. He educated me on every aspect of my case, answering questions I didn't even know I had. By keeping an open line of communication and calling often with updates and advice, he shows how personally dedicated he is. He fought hard to get me the maximum benefits for both my PIP settlement and my UM policy — and he succeeded! It was difficult to find an attorney that would take my case and stick with it, but Tomas stepped up and stayed by my side. I highly recommend Attorney Tomas to anyone who wants to stay informed on their case and get the best possible settlement. I know who I'll call if another reckless driver hits me!
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Alejandro Estrada
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Excelente comunicación explicándome todo el proceso de reclamación . Me mostró empatía por los daños sufridos en mi apartamento a causa de un tubo roto .
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Steven Lamela profile picture
Steven Lamela
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I was referred to Tomas by a relative who spoke very highly of him after a successful case and immediately, I understood why. Speaking only from my experience, he was extremely easy to work with. He was able to get a far better result than I expected for my case, and there was always very clear communication whenever I had questions or concerns. Highly recommended!
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