Miami Pedestrian Accident Attorney
Crosswalk collisions, intersection strikes, and severe pedestrian injuries with disputed driver fault and Florida comparative negligence across Miami-Dade and South Florida. Plaintiff and defense representation across South Florida.
Frequently Asked Questions
Can a pedestrian claim PIP if they don't own a car?+
What is Florida's pedestrian right-of-way law?+
What if I was crossing outside a crosswalk?+
What if the at-fault driver hit and ran?+
How long do I have to file a pedestrian accident claim in Florida?+
Can I sue the city or state if the roadway was unsafe?+
Does the no-fault threshold apply to pedestrian cases?+
What does it cost to hire a pedestrian accident attorney?+
How long does a pedestrian accident case take?+
Does the firm represent both plaintiffs and defendants?+
How Pedestrian Cases Are Built
Florida pedestrian accident cases turn on right-of-way analysis, comparative fault, and severe injury damages. Florida ranks consistently among the most dangerous states for pedestrians, and the cases that produce strong recoveries are the ones where each layer was developed properly. Miami-Dade in particular sees high pedestrian fatality rates.
Right-of-Way & Fault
Florida pedestrian right-of-way under Fla. Stat. § 316.130, signal compliance under § 316.075, and crosswalk versus mid-block analysis drive the comparative fault determination.
Coverage Analysis
Pedestrian PIP through household auto policies, the at-fault driver's bodily injury liability, UM/UIM through household policies, and health insurance all run as parallel recovery tracks.
Catastrophic Damages
Pedestrians struck by vehicles typically suffer severe injuries: orthopedic trauma, traumatic brain injury, and permanent impairment. Future medical and life-care planning drive damages.
The Statutes That Define These Cases
Pedestrian accident cases in Florida operate under several statutory frameworks. Each affects strategy and recovery in a different way. Right-of-way, coverage availability, and the SOL all matter from day one.
Negligence SOL
For accidents on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period.
FS 316.130
Florida pedestrian right-of-way rules govern crosswalk obligations, mid-block crossings, and pedestrian-driver duties. Compliance shapes the comparative fault analysis.
HB 837 Modified Comparative
Florida is a modified comparative negligence state. A finding of more than 50% pedestrian fault bars recovery entirely. Fault below 50% reduces the recovery proportionally.
Both Sides of Pedestrian Litigation
The firm represents both injured pedestrians pursuing claims and drivers, businesses, or insureds defending claims. The strategy is different on each side, but the underlying preparation and discipline is the same.
Plaintiff Representation
- Right-of-way analysis under Fla. Stat. § 316.130 and signal compliance
- Pedestrian PIP claim through household auto or at-fault driver policy
- Third-party bodily injury liability claim against the at-fault driver
- UM/UIM coverage analysis through household auto policies
- Catastrophic damages with life-care planning where indicated
- Comparative fault rebuttal and crosswalk-versus-mid-block analysis
Defense Representation
- Liability and right-of-way defense including pedestrian fault
- Comparative fault analysis under HB 837 50% bar
- Damages challenges and pre-existing condition analysis
- Discovery, IME coordination, and defense preparation work
- Settlement evaluation and offer of judgment strategy
- Trial defense and post-judgment positioning
Available Coverage Tracks
Pedestrian recoveries draw from multiple insurance and liability sources. Identifying every available coverage at the start of the case preserves the maximum recovery.
Summary of Florida pedestrian accident coverage and recovery framework. Specific availability, policy limits, and recovery amounts depend on the policies involved, the facts of the accident, the right-of-way analysis, the comparative negligence findings, and other factors.
How a Pedestrian Case Gets Built
Pedestrian accident cases require a different starting framework than driver-versus-driver cases. The right-of-way analysis, the coverage tracks available to non-drivers, and the catastrophic injury patterns typical in these matters all change the case-development arc from day one.
Right-of-Way and the Comparative Fault Narrative
Florida pedestrian right-of-way under Fla. Stat. § 316.130 and signal compliance under § 316.075 set the framework for fault determination. Whether the pedestrian was in a marked crosswalk, an unmarked crosswalk at an intersection, or mid-block all matter. The defense in pedestrian cases routinely pushes a comparative-fault narrative: pedestrian was distracted, jaywalked, ignored signals, was wearing dark clothing at night. Cases where the pedestrian's right-of-way was clearly established negotiate from a position of strength. Cases with disputed right-of-way require additional scene investigation and witness work.
Coverage Analysis Without Owning a Vehicle
Pedestrians often assume they have no insurance recovery if they were not in a vehicle. That is rarely correct in Florida. Pedestrian PIP under Fla. Stat. § 627.736 is available through any household auto policy or, as a fallback, the at-fault driver's PIP. UM and UIM coverage through any household auto policy can cover pedestrian injuries from a household member's policy. Health insurance handles medical costs beyond PIP limits. Identifying every household policy on day one preserves the recovery.
In Florida, the pedestrian who never owned a car often has more insurance coverage than they realize, hidden in someone else's household policy.
Medical Treatment and the 14-Day Rule
The 14-day PIP treatment requirement applies to pedestrian PIP claims just as it does to drivers. Initial medical treatment must occur within 14 days of the accident to preserve PIP coverage. Continuous treatment with the appropriate treating physicians, neuropsychological testing where TBI is suspected, and life-care planning for cases involving permanent impairment all build the damages claim.
Government Liability Where Applicable
Some pedestrian cases involve dangerous roadway design, inadequate signage, missing crosswalks, or other municipal or state liability. Claims against government entities under Fla. Stat. § 768.28 are subject to sovereign immunity caps and presuit notice requirements. Identifying potential government liability early is critical because the notice and procedural requirements are strict.
Litigation Readiness
Pedestrian cases settle when the carrier sees a strong liability narrative, well-documented damages, and a willingness to try the case. Filing suit, completing discovery, taking the at-fault driver's deposition, and pushing toward trial often produces the resolution. The settlement that compensates the injured pedestrian typically comes when the carrier sees the case is being prepared seriously.
Related Personal Injury Matters
Pedestrian accident cases frequently overlap with other personal injury areas. Each related practice carries its own framework.
Car Accidents
Passenger vehicle collisions involving Florida no-fault PIP, third-party liability, UM/UIM, and the no-fault threshold for non-economic damages.
Learn More →Serious Injury Cases
Catastrophic injuries with permanent impairment, future medical care, and life-care planning. Frequently overlaps with pedestrian matters.
Learn More →Direct attorney access at (305) 774-7000
Pedestrian cases turn on early scene investigation, right-of-way analysis, and quick coverage identification. Cases that resolve well are the ones where counsel was engaged early, every household policy was identified, and the comparative-fault narrative was challenged from the start. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
What Clients Say
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