Miami Pedestrian AccidentAttorney

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 analysis 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.

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 appropriate specialists, 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 actually compensates the injured pedestrian typically comes when the carrier sees the case is being prepared seriously.