Miami Pedestrian Accident Lawyer

Miami Streets Are Dangerous for People on Foot

Wide, fast roads, long blocks, and drivers who are not looking for people: that is the reality of walking in Miami-Dade. National studies such as Smart Growth America's Dangerous by Design report have consistently ranked the Miami metro area among the most dangerous places in the country to be a pedestrian.

When a vehicle hits an unprotected human body, even at modest speed, the injuries are rarely minor: broken bones, head injuries, spinal damage, and long recoveries. At Leyva Law, your case is handled directly by attorney Daniela Leyva, not passed off to a call center. She deals with the adjusters and prepares every claim as if it will go to trial, because that is what makes the insurance company take it seriously.

Drivers Owe You a Duty of Care

Florida law spells out what drivers owe people on foot. Section 316.130, Florida Statutes requires drivers to yield the right of way to pedestrians crossing in crosswalks and, more broadly, to exercise due care to avoid hitting any pedestrian on the roadway.

Even so, the first move in many pedestrian cases is to blame the person who got hit: they were jaywalking, wearing dark clothes, looking at a phone. Under Florida's modified comparative negligence rule (section 768.81(6), Florida Statutes), your recovery is reduced by your percentage of fault, and you recover nothing if you are found more than 50 percent at fault.

That makes the fault fight the heart of a pedestrian case. We gather the evidence early: crosswalk markings, signal timing, camera video, witness statements, and the crash report, so the story that gets told is the true one.

Who Pays Your Medical Bills After a Pedestrian Accident

It surprises many people, but Florida's no-fault system covers pedestrians too. Even though you were on foot, you can claim Personal Injury Protection (PIP) benefits under your own auto policy. If you do not have one, you may claim under the policy of a relative who lives in your household. And if neither exists, the insurer of the vehicle that hit you generally must provide PIP benefits (section 627.736, Florida Statutes).

PIP typically covers 80% of reasonable medical expenses and 60% of lost income, up to the policy limit (commonly $10,000), but generally only if you begin treatment within 14 days. So see a doctor promptly, even if you feel okay at first. Some serious injuries do not show symptoms right away.

PIP is only the starting point. When your injuries are serious, we pursue the at-fault driver directly for the full harm you suffered, including pain and suffering.

Hit-and-Run and Uninsured Drivers

Far too many Miami pedestrian crashes are hit-and-runs. If the driver fled, or stayed but carried no bodily injury coverage, uninsured motorist (UM) coverage can step in. UM on your own policy, or on the policy of a relative in your household, can compensate you as if the missing driver had insurance.

Report a hit-and-run to the police immediately, then call us. We move fast to find camera footage, canvass for witnesses, and identify every policy that could apply to your case.

How Long You Have to File a Pedestrian Accident Claim

For accidents after March 24, 2023, you generally have two years to file a negligence lawsuit (section 95.11(5)(a), Florida Statutes). Older cases are usually governed by the prior four-year deadline, and insurance policies add their own, often much shorter, notice requirements.

Evidence disappears fast: camera footage gets overwritten, skid marks fade, and witnesses move on. The sooner we start, the more we can protect. There is no cost to have us review your case.

Pedestrian Accident Cases We Handle in Miami-Dade

• Crosswalk and Intersection Accidents
• Hit-and-Run Drivers
• Drunk and Distracted Driving
• Parking Lot Accidents
• Children Struck Near Schools
• Bus Stop and Sidewalk Accidents
• Uninsured Drivers
• Wrongful Death

Miami Pedestrian Accident FAQ

Related: property insurance claims · all personal injury cases · meet the attorney. This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.