Pedestrian Accident Lawyer in Miami

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. Every case is different, so speak with an attorney to confirm how this applies to you.

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 generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

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.

Hit while walking in North Miami? See our North Miami pedestrian accident lawyer section for local details.

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