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Miami Beach · Pedestrian accidents
Miami Beach is built for walking, and drivers here are expected to watch for people on foot.
Lincoln Road is a pedestrian mall, Ocean Drive and Collins Avenue fill with people walking to the sand, and in 2015 the City Commission adopted a transportation plan that puts pedestrians first, ahead of transit, bikes and private cars. Even so, people get hit at crosswalks, in parking garages and by drivers turning off Alton Road or Washington Avenue. A Miami Beach pedestrian accident lawyer can help you deal with the insurance and the question of fault. Tomas Robirosa also handles pedestrian accident cases across Florida.
Being a pedestrian does not take you out of Florida's no-fault system. If you own a car with PIP, your own policy generally pays first. If you don't, you may be covered as a resident relative under a household member's policy, or under the PIP of the car that hit you, depending on the policies involved.
To use PIP, you generally need initial treatment within 14 days. Every case is different, so speak with an attorney to confirm the deadline that applies to you. PIP rarely covers everything, so a claim against the driver's liability coverage often follows.
The most common defense is that the pedestrian was outside the crosswalk, crossed against the signal or was looking at a phone. Under Florida's modified comparative negligence rule, a person more than 50% at fault generally recovers nothing, and anyone 50% or less has the award reduced. That makes the details important: the signal phase, where you were standing, lighting and the driver's speed.
Nearby buildings and garages may have cameras, and owners often record over footage within days. Ask for it early or let us ask.
If the driver left, call 911 so the Miami Beach Police Department can start a report and look for the car. Your own uninsured motorist coverage, or a household member's, may pay when the driver is never found. Visitors hit while walking can usually bring a claim from home, as long as they report the crash and get medical care before leaving.
Call (305) 600-0529 to talk it over. There is more about our local practice on the Miami Beach page.
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Your Attorney
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.
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