Miami Pedestrian Accident Resources
Miami-Dade County experiences thousands of pedestrian accidents and fatalities each year. Most of these pedestrian accidents are caused by some degree of negligence, either by action or inaction. If you have injuries from a pedestrian accident caused by another person’s lack of care, you may be able to hold them liable for your damages and losses.
Every single year in The Sunshine State, there are about 7,000 pedestrians injured and nearly 500 killed in auto accidents. Like most accidents, most of these are caused by some degree of negligence, either by action or inaction. That is to say, the driver is either doing something they should not be, like drinking, or not doing something they should, like checking their blind spot or giving right of way.
If someone behaved negligently and caused an accident that injures someone, they may be able to be held liable for the injuries and losses.
How Can a Miami Pedestrian Accident Lawyer Help Me?
A pedestrian accident lawyer can help you navigate the legal claims process to ensure the best outcome possible. Your lawyer will also work through any special issues and insurance policies that may apply to your claim.
Additionally, a pedestrian accident lawyer in Miami can identify all of the different damages that may apply, given the catastrophic injuries present in many pedestrian claims. The main goal is to ensure the victim has an advocate working on their side to provide a straightforward claims process and fair settlement value.
Rights and Responsibilities of Pedestrians in Miami
In the majority of scenarios in Florida, pedestrians will have the right of way when legally crossing the street. This applies whether or not there are traffic control devices present, such as stop signs, lights, crossing signals, or even crosswalks if the pedestrian has already begun crossing. On the other hand, pedestrians are required to yield to vehicles if they have not yet stepped into the street.
What Do I Need To Know After a Pedestrian Accident in Miami?
There are some ways that pedestrian accident cases are unlike other types of accident claims in Florida, including:
Miami No-Fault Insurance and Pedestrian Accidents
Florida uses a no-fault system where motor vehicle owners carry minimum amounts of Personal Injury Protection (PIP) insurance. Therefore, when you’re in a pedestrian accident, your own no-fault policy may still apply. However, you may still be entitled to file a third-party claim. Elstein Legal can help you determine what insurance policies may apply and whether you are eligible to file a third-party claim.
Catastrophic Injuries in Pedestrian Accidents
Pedestrians have no structural protection from harm, unlike motor vehicle drivers. The lack of protection usually means that the injuries in a pedestrian accident are catastrophic. Depending on the severity of your injuries, you may be eligible to look to the other driver’s insurance policy for compensation. Our legal team can ensure you exhaust every avenue for compensation if you have serious injuries.
Demonstrating Fault in a Pedestrian Crash Claim
Proving negligence is an essential part of any pedestrian accident claim. You will need to show evidence to prove the other party was not as careful as they should have been, and you were hurt as a result. Our pedestrian accident lawyers can help you gather proof to demonstrate negligence and validate your claim for compensation.
Time Limits in Miami Pedestrian Accident Claims
The time limitations and deadlines in other car accident claims also apply in pedestrian accidents in Miami. You will have four years, or two years in accidents causing death, to file your case to ensure you don’t miss the opportunity to recover.
While this may seem like plenty of time, it’s essential to start well before that time limit. Additionally, you may want to start as soon as possible to guarantee critical evidence is available to support your claim. At Elstein Legal, we can work quickly to get your claim started and make sure you don’t miss the statute of limitations.
Miami Contains Some of the Most Dangerous Areas for Pedestrians
According to a recent report by the pedestrian-safety organization Smart Growth, the South Florida metro area of Fort Lauderdale-West Palm Beach-Miami is one of the most dangerous areas in the country for pedestrians. In Miami, some of the most hazardous places for pedestrians include:
- Little Havana: This west Miami neighborhood is centered around the historic Calle Ocho (SW 8th Street/Tamiami Trail/US 41) and is well known for pedestrian accidents.
- Julia Tuttle Causeway: This six-lane freeway connecting Midtown Miami and Miami Beach is well known to Miamians as one of the most dangerous roads for pedestrians due to a lack of barriers separating vehicle and pedestrian traffic.
- South Miami Beach: As one of the most walked areas in Miami-Dade County, it’s no surprise this is also an area where pedestrian accidents are common.
- Little Haiti: This north Miami neighborhood features stunning Victorian Architecture and is also a frequent place for pedestrian accidents due to a lack of safety infrastructure for residents.
- Liberty City: Also sometimes known as Model City, this North Miami neighborhood lacks critical pedestrian safety features such as street lights and crosswalks.
Why You Need a Pedestrian Accident Lawyer
When you’re a pedestrian accident victim, you need an injury lawyer in Miami that will provide aggressive legal representation for your case.
At Elstein Legal, there are several reasons to work with us on your pedestrian accident case, including:
- Experience and knowledge of the unique issues present with PIP insurance in pedestrian claims
- Critical expertise on the Florida injury claims process to help you make the most of the legal means for recovery
- A background in litigation that allows us to go beyond the surface to discover what parties may be liable based on Florida comparative negligence laws
- Litigation experience means we’re poised to tackle your case, whether it’s taking your claim to trial or negotiating a settlement
- Brian L. Elstein has a degree in psychology which can be invaluable during witness questioning and settlement negotiations
- There’s no fee upfront and no fee for our services unless you win your case
Whatever your legal needs, our goal is to provide you with competent, experienced, and determined legal representation.
As a result, we’ve collected millions of dollars in compensation for our clients, and we’re ready to help you after a pedestrian accident in Miami.
Miami Pedestrian Accident FAQs
What Are My Rights After a Miami Pedestrian Accident?
After a Miami pedestrian accident, you may file a claim through your own personal injury protection (PIP) insurance. In addition, you may qualify to bring a claim for financial losses and pain and suffering under Florida negligence laws. Any party who causes serious or permanent injuries may owe the victim financial compensation.
What Happens After a Miami Pedestrian Accident if I Am Not a Resident of Florida?
If you are not a resident of Florida, PIP insurance laws do not apply to your Miami pedestrian accident claim. In that case, you may initiate your claim as a third-party compensation claim. However, the claims process is different for non-resident cases, so it’s essential to work with a lawyer to evaluate the case and follow the proper steps to assert a claim.
Who is at Fault for a Miami Pedestrian Accident?
While either party may be at fault for a Miami pedestrian accident, drivers of motor vehicles have an obligation to be aware of their circumstances on the road and know where pedestrians may be present. If they are in an area where people may be on foot, they must adjust their speed and driving behavior. The party who fails to use reasonable care and caution may be at fault for a Miami pedestrian accident.
What Happens if You Get Hit in a Crosswalk?
If you get hit in a crosswalk, the driver of the vehicle that hit you may owe you financial compensation. If you are lawfully present in the road, it is likely that the vehicle driver has acted negligently by entering the crosswalk without the right-of-way. Therefore, it’s vital to gather proof of fault and damages in order to claim compensation if you get hit in a crosswalk.
Can I Be Partially to Blame for a Pedestrian Accident?
s, you can. In the state of Florida, the liability laws utilize a concept known as contributory negligence in conjunction with their comparative fault framework. If you are found to be partially at fault, your claim can be reduced by a similar amount. For example, if your conduct immediately preceding the accident accounted for 20% of the fault, then a potential $100k award would be reduced to $80k. This can apply to both a settlement or a court judgment.
What Are Pedestrian Accident Laws in Miami?
Pedestrians have the same rights as motor vehicle passengers when it comes to accident laws in Miami. Florida law allows victims to claim compensation based on their relative fault for the accident. Compensation may include both economic injuries such as medical bills and lost wages as well as non-economic damages like pain and suffering.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
Contact Us for a Free Consultation
If you have injuries due to someone else’s negligent behavior, you deserve compensation to help recover from your injuries. At Elstein Legal, we can help you with all aspects of your claim, including going to trial if necessary to ensure you get what you need.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.