Miami is known for its stunning beaches, lively nightlife, and world-famous attractions. Visitors and locals enjoy walking along Ocean Drive, exploring Little Havana, and shopping at Bayside Marketplace. The city’s warm weather and vibrant culture make it a pedestrian’s paradise.
However, danger is no stranger in Miami. Busy streets, distracted drivers, and crowded tourist areas increase the risk of pedestrian accidents. A simple stroll can turn tragic in seconds. Here is where the Miami pedestrian accident lawyers of Madalon Law can help.
The statistics are alarming. According to Smart Growth America, nearly 1,054 pedestrians lost their lives in the Miami-Fort Lauderdale-Pompano Beach metro area from 2018 to 2022. The region is the 14th most dangerous for pedestrians in the country—and the problem is getting worse.
If you or someone you love has been injured in a pedestrian accident, you do not have to face it alone. Madalon Law is here to help. Our experienced Miami pedestrian accident lawyers fight for victims’ rights and work to get fair compensation for them.
Pedestrian accidents in Miami can happen for many reasons. The city’s mix of busy streets, heavy tourism, and growing population creates risky conditions for those on foot. Understanding the causes of these accidents can help prevent them and protect your legal rights if you are injured.
Distracted Driving
Distracted driving is one of the top causes of pedestrian accidents in Miami. Drivers often multitask while behind the wheel—texting, using GPS, adjusting the radio, or even eating. These distractions pull a driver’s attention away from the road. In a busy city like Miami, where pedestrians frequently cross at intersections and mid-block, this lack of focus can be deadly.
Even a brief distraction, like glancing at a phone, can cause a driver to miss seeing a pedestrian. Unfortunately, distracted driving continues to be a growing problem, despite laws that prohibit texting while driving in Florida.
Speeding
Speeding is a major factor in pedestrian accidents. When drivers exceed the posted speed limit, they have less time to react if a pedestrian suddenly steps into the road. In Miami, where heavy traffic and impatient drivers are common, speeding is a persistent danger.
The faster a vehicle is moving, the greater the impact and severity of injuries. In school zones, residential areas, and busy intersections, speeding drivers put pedestrians at high risk of serious harm or even death.
Drunk or Drug-Impaired Driving
Driving under the influence of alcohol or drugs is illegal and extremely dangerous. Impaired drivers have slower reaction times, poor coordination, and impaired judgment—all of which make it harder to avoid hitting pedestrians.
In Miami, the risk increases near nightlife areas like South Beach, Wynwood, and downtown, where drivers may be coming from bars or clubs. Even if a pedestrian is crossing legally, an impaired driver may not notice them or stop in time to avoid a crash.
Driver Fatigue
Tired drivers are a serious hazard on Miami’s busy streets. Fatigue affects a driver’s ability to make quick decisions and react to sudden changes—similar to being under the influence of alcohol. Drowsy drivers are more likely to overlook crosswalks, miss traffic signals, or fail to see pedestrians altogether.
Certain groups are particularly at risk of driving while fatigued. Long-haul truck drivers, night-shift workers, and those commuting after long hours are especially vulnerable. Miami’s nightlife also means many drivers are on the road late at night or early in the morning when fatigue levels peak.
Failure to Yield
Drivers in Florida must yield to pedestrians in marked crosswalks and at intersections. Unfortunately, many drivers ignore or misunderstand this rule. Failure to yield is a leading cause of pedestrian accidents in Miami, especially in busy areas like Brickell or Coral Gables. Drivers who do not yield will be subject to a minimum $164 fine and three driver’s license points.
School zones are supposed to be safe for children, but pedestrian accidents still occur in these areas. Despite reduced speed limits and clear warning signs, some drivers fail to slow down or pay attention, creating a high-risk environment for young pedestrians. This negligence puts pedestrians in danger, even when they are following traffic laws.
Aggressive Driving and Road Rage
Aggressive driving is a major problem in Miami’s congested roadways. Some drivers speed, tailgate, or make sudden lane changes in frustration. When these drivers fail to respect pedestrian crossings or refuse to stop, it can lead to catastrophic accidents.
Road rage incidents—where drivers intentionally drive recklessly or refuse to yield—pose an even bigger threat. Pedestrians are particularly vulnerable when faced with aggressive drivers who prioritize their own impatience over public safety.
Inexperienced Driving
Inexperienced drivers pose a big risk to pedestrians on Miami’s busy streets. New drivers often lack the skills and confidence needed to react quickly in unpredictable situations. They may misjudge the time and distance required to stop safely, especially in areas with heavy foot traffic.
Many inexperienced drivers are unfamiliar with pedestrian right-of-way laws. This can lead to dangerous mistakes, such as failing to yield at crosswalks or improperly turning through pedestrian zones. In high-traffic areas near schools, public transportation hubs, and popular attractions, these errors can have devastating consequences.
In addition, inexperienced drivers may become distracted or overwhelmed by the fast pace of Miami’s streets, increasing the likelihood of missing pedestrians crossing in front of them. When inexperienced drivers cause pedestrian accidents, they can be held responsible for the harm they cause.
Running Red Lights and Stop Signs
Many pedestrian accidents happen when drivers run red lights or fail to stop at stop signs. In Miami’s crowded intersections, this reckless behavior is especially hazardous. Pedestrians crossing legally assume vehicles will stop, but when drivers ignore traffic signals, collisions are inevitable.
These accidents are often severe because pedestrians have little protection. Drivers running lights in a rush to save time risk causing life-changing injuries—or worse.
Poor Visibility
Poor visibility is another leading cause of pedestrian accidents in Miami. This problem is most common at night, during heavy rain, or in areas with poor lighting. Pedestrians wearing dark clothing are particularly hard to see, especially when crossing wide roads or highways.
Drivers who fail to use their headlights properly or speed through poorly lit areas are more likely to strike someone on foot. Visibility problems also occur during sunrise and sunset, when the sun’s glare can blind a driver temporarily.
Jaywalking
Jaywalking happens when pedestrians cross the road outside designated crosswalks or against traffic signals. While it is illegal, it’s a common occurrence in Miami—especially in areas with heavy foot traffic like downtown or near shopping centers.
Pedestrians who jaywalk put themselves at risk, but drivers still have a duty to be aware and drive responsibly. Even when a pedestrian crosses improperly, an attentive driver should be able to react safely.
Vehicle Blind Spots
Every vehicle has blind spots—areas around the car that the driver cannot see using mirrors or direct vision. Larger vehicles like SUVs, trucks, and delivery vans have even bigger blind spots, which increases the risk of pedestrian accidents.
Blind spots are particularly dangerous when drivers make turns, reverse, or change lanes. In busy areas like Miami Beach or Downtown, pedestrians may be hidden from a driver’s view, especially if they are walking near parked cars or crossing behind a large vehicle.
Drivers are responsible for checking their blind spots before making any movement. When they fail to do so, pedestrians can be struck and severely injured. Vehicle blind spots are a major cause of pedestrian accidents in parking lots, residential streets, and intersections.
Ongoing Construction
Miami is constantly growing, with new buildings, road expansions, and infrastructure projects happening across the city. While construction is a sign of progress, it also creates dangerous conditions for pedestrians.
Construction zones often block sidewalks, force detours, or reduce pedestrian access, making it harder for people to cross safely. In some cases, pedestrians are forced to walk on the road, putting them directly in the path of moving vehicles.
Additionally, construction equipment and large trucks moving in and out of work zones can reduce visibility and increase the risk of accidents. Poor signage or unclear pedestrian pathways can also confuse both drivers and walkers, leading to dangerous situations.
When drivers fail to slow down or pay attention near construction zones, the risk of pedestrian accidents increases.
Delivery and Rideshare Vehicles
With the increase in delivery and rideshare services, pedestrian safety has become an even greater concern. In Miami, drivers often stop suddenly to pick up passengers, blocking crosswalks and reducing visibility. These vehicles often pull over in unpredictable locations, forcing pedestrians to navigate around them. This creates dangerous situations where drivers may not see pedestrians attempting to cross the road.
Road Design Flaws
Poor road design can make Miami’s streets more dangerous for pedestrians. When roads lack proper infrastructure for foot traffic, accidents become more likely. Issues like inadequate crosswalks, poorly placed traffic signals, and a lack of pedestrian bridges force people to navigate unsafe areas.
Wide, high-speed roads without designated crossing areas are especially hazardous. In some areas of Miami, crosswalks are either too far apart or not clearly marked, forcing pedestrians to cross where drivers do not expect them. Additionally, intersections with limited visibility or confusing traffic patterns increase the chances of collisions. City planners have a responsibility to design roads that protect everyone—drivers and pedestrians alike.
Weather Conditions
Miami’s tropical climate brings sudden and heavy rain showers, creating dangerous conditions for pedestrians and drivers. During storms, reduced visibility makes it harder for drivers to spot people crossing the street. Fogged-up windshields, flooded roads, and heavy rain can all contribute to accidents.
Wet roads also make it difficult for vehicles to stop quickly. If a driver speeds or fails to account for slippery conditions, they may lose control and strike a pedestrian. This risk increases at night or during hurricane season when storms are more severe.
Multiple Threats at Crosswalks
“Multiple threats” occur when one vehicle stops for a pedestrian, but another vehicle in a different lane does not. This is a common and dangerous situation on Miami’s multi-lane roads.
For example, if a pedestrian crosses while a car stops in one lane, drivers in the other lane may not see them. Without realizing someone is crossing, these drivers may continue moving and strike the pedestrian. This type of accident is especially common in areas with heavy traffic or poorly designed crosswalks.
Drivers should always approach crosswalks with caution and check all lanes before proceeding. Failing to do so puts pedestrian lives at serious risk.
Vehicle Malfunctions
Mechanical failures in a vehicle can lead to devastating pedestrian accidents. When critical systems like brakes, steering, or lights fail, drivers may lose control and become unable to avoid hitting someone.
Brake failures are especially dangerous in crowded areas like Downtown Miami, where quick stops are often necessary. Malfunctioning headlights or turn signals also increase the risk of accidents, particularly at night or during poor weather conditions.
While drivers are responsible for maintaining their vehicles, manufacturers or repair shops may also be liable if faulty parts or improper repairs contribute to an accident.
Crosswalk Timing Issues
Crosswalk signals are meant to protect pedestrians, but when they are improperly timed, they can create confusion and danger. If signals change too quickly, pedestrians may be left stranded in the middle of the road when traffic resumes. This is particularly risky for elderly pedestrians, parents with small children, and people with mobility challenges who need extra time to cross safely.
In fast-paced areas of Miami, such as near major intersections or shopping districts, poorly timed signals increase the likelihood of accidents. When city officials or traffic engineers fail to maintain safe crosswalk timing, pedestrians can suffer serious harm.
Pedestrian accidents can cause severe and life-changing injuries. Unlike drivers, pedestrians have no physical protection. When struck by a vehicle, their bodies absorb the full impact. The severity of injuries depends on vehicle speed, point of impact, and road conditions. Here are some common injuries pedestrians suffer in Miami accidents:
Traumatic Brain Injuries (TBI)
Head injuries are among the most serious consequences of pedestrian accidents. A sudden impact can cause the brain to move violently within the skull, leading to traumatic brain injuries (TBI). This can happen if a pedestrian’s head strikes the vehicle, the pavement, or another hard surface.
Mild cases, like concussions, may cause temporary confusion, dizziness, and headaches. However, moderate to severe TBIs can result in lasting cognitive issues, memory loss, and impaired motor functions. Victims may experience personality changes, emotional instability, or difficulties with speech.
In some cases, TBIs require surgery to relieve pressure on the brain. Long-term rehabilitation, including physical and occupational therapy, is often needed. Without proper treatment, brain injuries can have permanent and life-altering effects.
Spinal Cord Injuries
Spinal cord injuries occur when trauma damages the vertebrae, discs, or the spinal cord itself. These injuries are common in pedestrian accidents due to the force of a vehicle’s impact.
Depending on the severity and location of the injury, a person may experience partial or complete paralysis. Quadriplegia (paralysis of all four limbs) or paraplegia (paralysis of the lower body) can drastically alter a victim’s life. Spinal cord injuries can also lead to chronic pain, loss of bladder or bowel control, and other complications.
Recovery is often a long, expensive process that may require assistive devices, home modifications, and lifelong care. Victims may be unable to return to work, impacting their financial stability and quality of life.
Broken Bones and Fractures
Broken bones are one of the most common injuries in pedestrian accidents. The impact of a vehicle can break arms, legs, ribs, hips, and other bones.
Simple fractures may heal with casting and rest, but more severe breaks can require surgery and metal implants. Compound fractures, where the bone pierces the skin, increase the risk of infection and other complications.
Multiple fractures can lead to long recovery times, limited mobility, and chronic pain. In some cases, victims may face permanent disability or loss of function in the affected limb. Victims may often need physical therapy to regain strength and range of motion.
Internal Injuries
Internal injuries are especially dangerous because they are not always immediately visible. The blunt force of a collision can damage vital organs, including the lungs, liver, kidneys, and spleen.
Internal bleeding can be life-threatening if not treated quickly. Symptoms of internal bleeding include abdominal pain, dizziness, and fainting. In many cases, surgery is required to stop the bleeding or repair organ damage.
These injuries can lead to long-term health issues, including organ failure or chronic pain. Delayed treatment increases the risk of serious complications, making early medical attention critical.
Soft Tissue Injuries
Soft tissue injuries affect the muscles, ligaments, and tendons. Pedestrians often suffer sprains, strains, and deep bruises when hit by vehicles.
While these injuries may seem minor, they can cause significant pain and limit mobility. Severe soft tissue damage can take months to heal and may result in lasting stiffness or weakness.
Untreated soft tissue injuries can lead to chronic pain conditions, including tendonitis or nerve damage. Victims may also need physical therapy to restore function and prevent long-term complications.
Lacerations and Road Rash
When a pedestrian is struck by a vehicle or thrown to the ground, they may suffer deep cuts (lacerations) and abrasions (road rash).
Lacerations can cause severe bleeding and increase the risk of infection. Deep wounds may require stitches or surgical intervention. In some cases, victims are left with permanent scarring or disfigurement.
Road rash occurs when skin scrapes against the pavement, resulting in painful abrasions. Severe road rash can damage multiple skin layers, leading to nerve damage and permanent scarring.
Facial Injuries
Facial injuries are common in pedestrian accidents due to direct impact with a vehicle or the ground. These injuries can be both physically painful and emotionally distressing.
Broken facial bones (such as the nose, jaw, or cheekbones) can cause breathing difficulties and vision problems. Severe facial trauma may require reconstructive surgery to restore appearance and function.
Dental injuries, including broken or lost teeth, can also occur. Facial scarring can have long-term emotional effects, impacting a person’s confidence and mental well-being.
Pelvic Injuries
The pelvis is especially vulnerable when a vehicle strikes a pedestrian’s lower body. Pelvic fractures are serious and often require surgical intervention.
These injuries can cause severe pain, limited mobility, and long recovery times. Damage to the pelvic region can also affect internal organs, leading to bladder or bowel dysfunction.
Rehabilitation following a pelvic injury may take months, and some victims experience lasting discomfort or mobility issues. In severe cases, patients may need assistive devices to walk.
Amputations
Severe pedestrian accidents can result in traumatic amputations or the surgical removal of a damaged limb. This life-changing injury affects a person’s mobility, independence, and emotional well-being.
Amputations often require multiple surgeries and extensive rehabilitation. Victims may need prosthetic limbs, which can be expensive and require maintenance.
The psychological toll of losing a limb is significant. Many amputees also experience depression, anxiety, and post-traumatic stress.
Psychological Trauma
The emotional impact of a pedestrian accident can be just as serious as physical injuries. Many victims experience long-lasting psychological trauma after being struck by a vehicle.
Post-traumatic stress disorder (PTSD) is common and can cause flashbacks, nightmares, and severe anxiety. Victims may also experience depression, mood swings, or a fear of crossing the street.
Psychological injuries can affect personal relationships, work, and daily life. Many people require counseling or therapy to cope with the emotional aftermath of a pedestrian accident.
What Factors Affect the Severity of a Pedestrian Injury?
Several factors can influence how serious a pedestrian’s injuries are during a collision. These factors often determine the type of medical care required and the long-term impact on the victim’s life.
Speed of the Vehicle
The speed of a vehicle is one of the biggest factors in how severe a pedestrian’s injuries will be. Higher speeds mean more force on impact, leading to greater harm. Studies show that when a vehicle is traveling at 30-40 mph, the risk of fatal injury is up to 5.5 times higher compared to a collision at 20-30 mph.
Even at lower speeds, injuries can still be serious. According to the AAA Foundation for Traffic Safety, vehicles moving under 20 mph can still cause life-threatening injuries. Pedestrians hit by speeding cars often suffer broken bones, traumatic brain injuries, and internal damage.
Age of the Victim
A pedestrian’s age also plays a major role in injury severity. Children between 5 and 14 years old are especially vulnerable. They are more likely to suffer severe brain, chest, or abdominal injuries, which can be life-threatening.
Older adults—especially those 65 years or older—are also at higher risk. As people age, their bodies become less able to recover from trauma. Even a low-speed collision can cause life-changing injuries, like hip fractures or head trauma, for elderly pedestrians.
Size of the Vehicle
Larger vehicles, such as trucks and SUVs, pose a greater danger to pedestrians. These vehicles hit higher on the body, increasing the chances of severe injuries. In some cases, pedestrians can be thrown forward and run over, leading to even more severe harm.
Smaller passenger cars are less likely to cause fatal injuries, but the impact can still result in fractures, internal bleeding, and head injuries. The risk of death or permanent disability increases greatly when a pedestrian is struck by a taller or heavier vehicle.
If you or a loved one has suffered any of these injuries in a pedestrian accident, Madalon Law can help you get justice. Contact us today for a free consultation.
Florida has specific laws that protect people walking on the streets and sidewalks. Understanding these rules can help you stay safe and know what to do if you’re ever involved in an accident.
Here are the key pedestrian laws you should know:
Obeying Traffic Signals
Pedestrian crosswalk signals are designed to give you enough time to cross safely. These signals may include countdown timers, flashing lights, or simple “Walk” and “Don’t Walk” instructions. Pedestrians must follow these signals closely.
If the pedestrian signal starts flashing while you are already in the crosswalk, you should continue crossing as quickly as possible. However, if you haven’t started crossing and the signal is flashing or reads “Don’t Walk,” you must wait for the next cycle.
Ignoring these signals not only puts you at risk of injury but could also make it harder to hold a driver responsible if an accident occurs.
Drivers are also required to obey pedestrian signals. If a pedestrian has the right-of-way at a crosswalk, drivers must stop and allow them to cross safely. Failure to follow these rules can result in legal penalties and liability for any resulting injuries.
Using Sidewalks
When a sidewalk is available, pedestrians must use it. Walking on the roadway when a sidewalk is present is illegal in Florida. This rule is designed to protect pedestrians from fast-moving vehicles. Sidewalks provide a safer space to walk and are separated from traffic.
In the absence of a sidewalk, pedestrians need to walk on the left side of the road, facing oncoming traffic. This allows you to see approaching vehicles and gives drivers a better chance to spot you. Walking with the flow of traffic puts pedestrians at a greater risk because drivers may not see them until it’s too late.
Right-of-Way at Crosswalks
Florida law gives pedestrians the right-of-way at both marked and unmarked crosswalks. Drivers must stop for pedestrians crossing the road when the pedestrian is in the same half of the roadway as the vehicle. If a pedestrian is approaching the driver’s lane from the opposite side, the driver must also stop until the pedestrian has crossed safely.
At intersections without traffic signals, pedestrians still have the legal right-of-way if they are crossing at a marked or unmarked crosswalk. Drivers should slow down and allow pedestrians to cross safely. Failure to yield to a pedestrian in a crosswalk can lead to fines, points on a driver’s license, and civil liability if an accident occurs.
Crossing Outside of Crosswalks
When crossing a street outside of a crosswalk, pedestrians must yield the right-of-way to all vehicles. This means allowing cars to pass before stepping into the road. Jaywalking—crossing the street in areas where crosswalks are not present—is both dangerous and illegal in many situations.
In areas where traffic signals are present, you are required to cross the street only at designated crosswalks. Crossing between intersections where signals are operating is against Florida law. Ignoring this rule can put you at high risk of injury and affect your ability to seek compensation if you’re hit by a vehicle.
Pedestrian Tunnels and Bridges
Florida law requires pedestrians to use pedestrian tunnels or overpasses if they are provided. These structures are designed to give pedestrians a safe way to cross busy roads without interacting with vehicle traffic. Ignoring these safety routes and crossing directly through traffic can lead to accidents and legal consequences.
Pedestrian bridges and tunnels are especially common near schools, highways, and major intersections where vehicle speeds are high. Using these safe pathways helps reduce the risk of pedestrian injuries and fatal accidents.
Walking on Roads Without Sidewalks
If no sidewalk is available, Florida law requires pedestrians to walk on the shoulder of the road while facing traffic. Walking against the direction of traffic helps pedestrians see approaching vehicles and avoid potential collisions.
Walking with the flow of traffic is more dangerous because you cannot see vehicles coming up behind you. In low-visibility conditions—like at night or during bad weather—facing traffic can give you precious extra time to move out of the way if needed.
Yielding to Emergency Vehicles
When emergency vehicles, such as ambulances, police cars, or fire trucks, have their lights and sirens on, pedestrians must yield the right-of-way. This means stepping aside and allowing the emergency vehicle to pass safely.
Emergency responders must reach their destinations quickly, and any delay caused by a pedestrian blocking the roadway could have serious consequences. It’s important to remain aware of your surroundings and move to a safe location when you hear emergency sirens.
No Soliciting on Roadways
Florida law prohibits pedestrians from standing on the road to ask for rides, money, or business. This law is intended to reduce distractions for drivers and keep pedestrians out of harm’s way. Standing on medians, at busy intersections, or along highways to solicit can be both unsafe and illegal.
Pedestrians who violate this rule could face fines or other penalties. More importantly, standing too close to fast-moving traffic increases the chances of being struck by a distracted or speeding driver.
Pedestrians’ Responsibility to Avoid Sudden Movements
Pedestrians are not allowed to leave a curb or other place of safety and suddenly walk or run into the path of a moving vehicle. If a car is too close to stop safely, the pedestrian must wait.
Sudden movements into traffic are dangerous and make it difficult for drivers to react in time. Pedestrians must ensure the road is clear before crossing. If a pedestrian darts into traffic, they could share responsibility for any accident that occurs.
Shared Responsibility in Accidents
Florida follows a “comparative fault” rule. This means that if a pedestrian is partly responsible for an accident, their compensation may be reduced based on their share of the blame. For example, if a pedestrian was jaywalking when they were hit by a speeding driver, both parties may share fault.
Even if you are partly responsible, you may still be able to recover damages for medical bills, lost wages, and pain and suffering. However, the amount you receive will be reduced based on how much your actions contributed to the accident.
For example, if a driver was speeding but the pedestrian crossed outside of a crosswalk, both may be held accountable. Even if you share some responsibility, you may still be able to seek compensation for medical bills and other damages.
Knowing and following Florida’s pedestrian laws can help protect your rights if you’re ever involved in a collision.
Understanding these pedestrian laws is essential for anyone walking in Miami. If you’ve been hit by a vehicle, speaking with a Miami pedestrian accident attorney can help you understand your legal options.
Figuring out who is responsible for a pedestrian accident depends on the specific details of the case. Both drivers and pedestrians have legal duties to follow traffic laws and act responsibly on the road. When an accident happens, the key question is whether one party—or both—failed to follow these rules.
In many cases, drivers are at fault if they fail to yield the right-of-way, speed through crosswalks, or drive distracted. However, pedestrians can also be responsible if they cross outside of designated areas or step into traffic without warning. Florida’s comparative fault law means that both parties can share blame.
When the Driver Is at Fault
Drivers are typically at fault when they fail to follow traffic laws or drive carelessly. Common situations where drivers are found responsible include:
When a driver ignores pedestrian safety rules, they may be held responsible for the harm caused.
When the Pedestrian Is at Fault
Pedestrians are not always blameless in an accident. In some cases, their actions may contribute to the crash. Situations where a pedestrian may be partially responsible include:
Even if a pedestrian is partly at fault, they can still pursue compensation. However, the amount they receive may be reduced based on their share of responsibility.
When the Property Owner Is at Fault
If a pedestrian accident happens on private property, such as a parking lot or parking garage, the property owner may also be held responsible. Poor property maintenance can create hazards for both drivers and pedestrians.
Property owners may be at fault if:
If a property owner fails to maintain a safe environment, they could be held liable for pedestrian injuries. For example, if a parking lot lacks proper lighting and a driver cannot see a pedestrian, the property owner may share responsibility for the accident.
Understanding who is at fault is key to building a strong legal case.
Being involved in a pedestrian accident can be overwhelming and frightening. The aftermath is often confusing, especially when you’re dealing with injuries, medical bills, and the emotional toll of the accident. Knowing what steps to take can protect your health, your rights, and your ability to seek compensation.
Here’s a detailed guide on what to do if you or a loved one has been hurt in a pedestrian accident in Miami.
Prioritize Your Safety and Health
Your immediate safety is the most important thing after a pedestrian accident. If you’re able to move without worsening your injuries, try to get to a safe location away from traffic. This can help prevent further harm from passing vehicles or other hazards.
Here’s what to do:
Move to a safe spot: If you’re on a busy road, try to get to a sidewalk, shoulder, or another safe area. Avoid standing too close to moving traffic.
Stay visible: If the accident happens at night or in low-light conditions, try to move to a well-lit area or use your phone’s flashlight to increase visibility.
Assess your condition: Once you’re in a safer place, check yourself for injuries. Even if you feel okay, some injuries may not be immediately noticeable.
If you are too injured to move, try to remain still and signal for help. The most important thing is to avoid further injury while waiting for emergency responders to arrive.
Call 911 Right Away
Always report a pedestrian accident to the police. A formal accident report provides an official account of what happened, which can be valuable when dealing with insurance companies or filing a legal claim.
When speaking with the police:
If the driver involved leaves the scene, provide as much detail as you can—such as the vehicle’s make, model, color, and license plate number. Hit-and-run accidents are serious crimes, and reporting the incident helps law enforcement track down the driver.
Gather Evidence at the Scene
If you are physically able, collect as much information as possible before leaving the scene. This evidence can strengthen your case and help prove what happened.
Here’s what to document:
Contact information: Get the driver’s name, phone number, license plate, and insurance details. If there were witnesses, ask for their contact information too.
Photos and videos: Take pictures of the accident scene, your injuries, the vehicle involved, traffic signs, and any other relevant details.
Location and conditions: Make a note of where the accident occurred and any conditions that may have played a role—such as poor lighting, road hazards, or weather conditions.
If you’re too injured to gather this information, ask a trusted person to help or follow up with law enforcement later.
Get Medical Attention Immediately
Even if you feel fine, it’s essential to see a doctor. Some injuries may not show symptoms right away but could become serious over time. A medical evaluation also connects your injuries to the accident, which is critical for legal and insurance purposes.
Be honest with your doctor about all your symptoms, no matter how minor they seem. Follow their treatment plan closely and keep records of all medical visits, prescriptions, and diagnoses.
Avoid Discussing Fault or Apologizing
After a pedestrian accident, it’s normal to feel overwhelmed or confused. You might feel the urge to apologize—even if you didn’t cause the accident. It’s important to resist this instinct because anything you say could be used against you later.
When speaking with the driver, police, or witnesses, keep your statements brief and factual. Avoid making comments like, “I didn’t see you,” or “I’m sorry,” as these may be interpreted as admitting fault.
Let law enforcement and investigators gather evidence and determine who is responsible. Your priority is to focus on your well-being and ensure that your account of the accident is clear and accurate without speculating or making assumptions.
Even if you believe you might share some responsibility, do not admit fault. The facts of the case will be evaluated based on evidence like witness statements, traffic laws, and surveillance footage.
Notify Your Insurance Company
Contact your insurance company as soon as possible after the accident. Florida follows a no-fault insurance system, which means your Personal Injury Protection (PIP) coverage may help pay for medical expenses and lost wages—regardless of who caused the accident. Promptly reporting the incident can help ensure you receive the benefits you’re entitled to.
When speaking with the insurance adjuster:
Stick to basic facts: Share essential information like the date, time, and location of the accident. Avoid giving opinions or speculating about what happened.
Avoid recorded statements without legal advice: Insurance companies may try to use your words against you later. It’s best to speak with a lawyer before agreeing to any recorded interviews.
Be cautious with settlement offers: Quick settlements often fall short of covering long-term medical costs and other losses. Don’t accept any offer without understanding the full scope of your injuries and expenses.
If you’re unsure how to handle the conversation with your insurer, an experienced Miami pedestrian accident lawyer can guide you through the process and help protect your rights.
Keep Detailed Records
It’s essential that you have accurate documentation if you decide to pursue a legal claim. Keeping organized records can strengthen your case and help prove the physical, emotional, and financial toll the accident has taken on your life.
Here are the key documents you should save:
Medical bills and treatment records: Keep copies of all medical reports, hospital bills, prescriptions, physical therapy sessions, and other related expenses. These show the cost of your care and the severity of your injuries.
Accident reports and witness statements: Request a copy of the official police report and any witness statements. These provide important evidence about how the accident happened and who was involved.
Photos and videos: Take and save pictures or videos of your injuries, the accident scene, road conditions, traffic signs, and vehicle damage. Visual evidence helps to illustrate the accident’s impact.
Communication records: Keep copies of all emails, letters, and notes from phone calls with insurance companies, medical providers, and other parties involved. This includes any settlement offers you receive.
Maintaining detailed and organized records can be a powerful tool when negotiating with insurance companies or presenting your case in court. If you’re unsure what to document, a pedestrian accident lawyer in Miami can guide you on the information needed to strengthen your claim.
Be Cautious with Social Media
After a pedestrian accident, it’s normal to want to update friends and family about your condition. However, sharing too much online can hurt your case. Insurance companies and defense lawyers often monitor social media to find evidence they can use to minimize your claim or deny compensation. Even innocent posts can be taken out of context and used against you.
To protect yourself:
Avoid discussing the accident or your injuries: Don’t post details about how the accident happened, your medical condition, or any legal matters. Even simple statements like “I’m feeling better” can be misinterpreted to downplay your injuries.
Limit public sharing: Adjust your privacy settings to restrict who can see your posts. However, even private posts could be requested during legal proceedings, so it’s best to stay quiet about your accident altogether.
Be mindful of photos and check-ins: Avoid posting images of physical activities or social outings that could suggest your injuries aren’t serious. Even a harmless picture at a family event could be used to argue that you’re not as injured as you claim.
When in doubt, it’s best to stay off social media or speak with a Miami pedestrian accident lawyer about how to protect your online presence while your case is ongoing.
Understand Your Legal Rights
If you’ve been hurt in a pedestrian accident, you have the legal right to seek compensation when someone else’s negligence is to blame. Florida law allows injured pedestrians to recover financial support for a range of losses, helping you manage the physical, emotional, and financial impact of the accident.
You may be able to pursue compensation for:
Medical expenses: This includes emergency care, hospital stays, surgeries, rehabilitation, prescription medications, and future medical needs related to your injuries.
Lost wages and reduced earning capacity: If your injuries prevent you from working, you can seek compensation for the income you lost during recovery. If your ability to work is permanently affected, you may also be eligible to recover damages for future lost earning potential.
Pain and suffering: This covers physical pain, emotional trauma, and the overall impact the accident has had on your daily life.
Emotional distress: Accidents can leave lasting emotional effects, such as anxiety, depression, and post-traumatic stress. These non-economic damages acknowledge the mental toll caused by your injuries.
Property damage: If personal belongings—like a phone, laptop, or other valuables—were damaged in the accident, you may be reimbursed for repair or replacement costs.
In some cases, additional legal options may be available:
Reckless or drunk drivers: If the driver’s behavior was especially careless—such as speeding, driving under the influence, or texting behind the wheel—you may be able to pursue punitive damages, which are intended to punish extreme negligence.
Poorly maintained private property: If the accident occurred in a parking lot, garage, or other private property with unsafe conditions (like inadequate lighting or unmarked crosswalks), the property owner may also be held responsible.
Understanding your rights can be overwhelming, but you don’t have to figure it out alone. Speaking with an experienced pedestrian accident lawyer in Miami can help you understand your legal options and fight for your rights.
Consult a Miami Pedestrian Accident Attorney
Handling a pedestrian accident claim on your own can be overwhelming. Insurance companies may try to reduce your settlement, and proving fault can be tricky—especially if multiple parties share responsibility.
A skilled pedestrian accident lawyer can guide you through the process, protect your rights, and work to secure fair compensation for you. Many offer free consultations, so you can get legal advice without any upfront costs.
Why Taking Action Quickly Matters
Florida has a statute of limitations that limits how long you have to file a personal injury claim. In most cases, you have two years from the accident date to take legal action. Waiting too long could mean losing your right to seek compensation.
The sooner you start the process, the easier it is to collect fresh evidence, speak to witnesses, and build a stronger case.
If you’ve been hurt in a pedestrian accident in Miami, you don’t have to go through this alone. Taking the right steps early on can protect your rights and give you the best chance at securing repayment for your damages.
After a pedestrian accident, dealing with medical bills, insurance companies, and legal paperwork can be stressful. A lawyer who focuses on pedestrian accident cases can take on the heavy lifting, giving you the time and space to focus on your recovery. Here’s how they can help:
Investigating the Accident Thoroughly
To build a strong claim, you need solid evidence. A lawyer will gather and review key documents, including police reports and medical records. They may also obtain surveillance footage from traffic cameras or nearby businesses to capture the accident as it happened.
In some cases, they’ll work with accident reconstruction experts to analyze the scene and recreate the sequence of events. Witness statements are also critical—your lawyer will track down and interview people who saw the accident to preserve their accounts while memories are fresh. This thorough investigation helps establish what happened and who is responsible.
Determining Who Is Liable
Liability in a pedestrian accident isn’t always straightforward. While the driver is often responsible, other parties may share the blame. For example, if the accident occurred on private property, the property owner could be held accountable for unsafe conditions like poor lighting or missing crosswalks.
If faulty traffic signals, broken sidewalks, or poorly designed intersections played a role, local government agencies may also be partially liable.
To recover compensation, you need to show that someone else’s negligence caused your injuries. In legal terms, this means proving four key elements:
Duty of Care: The driver (or property owner) had a legal responsibility to act safely and avoid causing harm. For example, drivers must follow traffic laws and watch for pedestrians. Property owners must maintain safe conditions.
Breach of Duty: The responsible party failed to meet that duty. This could mean running a red light, speeding through a crosswalk, or failing to maintain safe walkways.
Causation: The breach directly caused the accident and your injuries. You must show that if the driver or property owner had acted responsibly, the accident would not have happened.
Damages: You suffered real harm—physical, emotional, or financial—as a result of the accident. This can include medical bills, lost wages, pain and suffering, and other losses.
A Miami pedestrian accident lawyer examines every angle to identify all responsible parties and strengthen your claim.
Handling Insurance Companies
Dealing with insurance companies can be frustrating and stressful, especially when you’re recovering from an injury. Insurers often try to minimize payouts or shift blame to avoid paying what you deserve. A lawyer handles all communication with the insurance companies, ensuring that your words aren’t twisted or used against you.
They also push back against quick, lowball settlement offers that don’t reflect the true cost of your injuries. By negotiating on your behalf, a lawyer works to secure fair compensation for your medical bills, lost wages, and other damages.
Calculating the Full Value of Your Claim
Understanding the financial impact of a pedestrian accident involves more than just adding up medical bills. A lawyer looks at both immediate and long-term expenses to determine the true value of your claim.
This includes current and future medical treatments, rehabilitation costs, and any assistive devices you may need. If your injuries prevent you from returning to work or reduce your earning potential, those losses are also factored in. Non-economic damages—such as pain, emotional distress, and reduced quality of life—are just as important, and a lawyer makes sure they’re part of your claim.
Meeting Legal Deadlines
Florida law sets strict deadlines for filing personal injury claims. Missing these deadlines can mean losing your right to pursue compensation. A lawyer tracks all necessary timelines and ensures that paperwork is filed correctly and on time. This protects your legal rights and keeps your case moving forward without unnecessary delays.
Representing You in Court (If Needed)
Most pedestrian accident claims are resolved through settlement negotiations, but sometimes, going to court is the best path to fair compensation. If your case reaches that point, having an experienced lawyer can make a big difference.
In the courtroom, your lawyer will advocate on your behalf—questioning witnesses, challenging opposing arguments, and making sure your side of the story is heard. While the legal process can feel overwhelming, your lawyer will guide you through each step, keeping you informed and prepared.
If negotiations fail to produce a fair offer, your lawyer is ready to fight for compensation in front of a judge or jury. Court proceedings can be complex but with an attorney’s experience and dedication, you won’t have to face the courtroom alone.
The litigation process for a pedestrian accident case typically involves several key stages:
Discovery: Both sides gather and exchange evidence, including medical records, witness statements, and expert testimony.
Opening Statements: Each party outlines their argument and what they intend to prove.
Examination: We present evidence and question witnesses to support your case. This could include medical professionals, accident reconstruction experts, and others who can explain the extent of your injuries and how the accident occurred.
Cross-Examination: We challenge the other side’s arguments and question their witnesses to identify inconsistencies or weaknesses in their case.
Closing Statements: Both sides summarize their arguments and highlight the evidence in their favor.
Deliberation and Verdict: The judge or jury reviews the evidence and reaches a decision on whether you are entitled to compensation and, if so, how much.
Throughout this process, we make sure you understand what to expect and are fully prepared for each stage.
Providing Peace of Mind
The aftermath of an accident is emotionally and physically exhausting. Having a lawyer manage the legal aspects can be a huge relief. They handle the paperwork, deadlines, and negotiations while keeping you informed of every detail.
Knowing someone is working on your behalf allows you to focus on your recovery without the added stress of handling a legal battle on your own.
When to Contact a Lawyer
It’s a good idea to speak with a lawyer as soon as possible after a pedestrian accident. Early legal guidance helps protect your rights and prevents mistakes that could harm your case. Many pedestrian accident lawyers in Miami offer free consultations, so you can discuss your situation and understand your options without any financial obligation.
If you’ve been injured, legal help is available. An experienced lawyer can guide you through the process and fight for the compensation you need to move forward.
Why are Miami’s intersections so dangerous for pedestrians, and how can that affect my case?
Miami’s intersections are among the most dangerous areas for pedestrians due to heavy traffic, driver inattention, and poorly designed roadways. These risks make accidents more likely and can complicate legal claims. Here are some common issues:
Left-turn crashes: Drivers making left turns often focus on oncoming traffic and fail to check for people crossing. This is a common cause of pedestrian accidents at major intersections.
High-speed roads: Busy roads like Biscayne Boulevard and US-1 have fast-moving vehicles. When crashes happen at higher speeds, injuries tend to be much more severe.
Limited visibility: Obstructed views from parked cars, signs, or landscaping can prevent drivers from seeing pedestrians in time to stop.
Confusing layouts: Some intersections have poor signage, faded crosswalks, or signals that don’t give pedestrians enough time to cross safely.
These factors can make it harder to prove who’s at fault, especially if multiple parties share the blame. For example, a driver may be speeding while a city agency failed to maintain clear crosswalks. An experienced lawyer can gather evidence—like traffic camera footage and witness statements—to identify who is responsible and build a strong case for compensation.
How long does it take to settle pedestrian accident cases in Miami?
The time it takes to settle a pedestrian accident case in Miami can vary a lot. Simple cases with clear facts and minor injuries may settle in a few months. But if the accident caused serious injuries or involves complex legal issues, it could take a year or more.
Several factors affect how long it takes:
Severity of injuries: If your injuries require ongoing treatment or long-term care, your lawyer may wait until you reach maximum medical improvement (MMI) before settling. This ensures you know the full cost of your medical care.
Disputes over fault: If the driver or their insurance company argues you were partially to blame—like crossing outside a crosswalk—it can slow down the process.
Insurance negotiations: Insurance companies often drag their feet or offer low settlements. Your lawyer may need to push back with evidence to get a fair amount.
Legal action: If a fair settlement isn’t offered, your case might go to court. This can add months or even years to the timeline.
A lawyer can speed things up by handling paperwork, communicating with insurers, and keeping the case on track. While no two cases are the same, having an experienced attorney can help you avoid unnecessary delays.
Why do traffic cameras play a big role in proving liability?
Traffic cameras can be critical in pedestrian accident cases because they provide unbiased, real-time evidence of what happened. Insurance companies and courts often rely on these recordings to determine fault. Here’s why they matter:
Clear Evidence of Fault: Footage from traffic cameras can show if the driver ran a red light, failed to yield, or was speeding. This is especially useful if the driver denies responsibility or blames you.
Accurate Timeline: Traffic cameras capture the exact time and sequence of events. This can help confirm witness statements or challenge conflicting accounts.
Supporting Other Evidence: Video evidence can back up physical evidence like skid marks, vehicle damage, and your medical records, strengthening your case.
Preventing “He Said, She Said” Disputes: When both sides tell different stories, traffic camera footage provides an objective view, helping resolve disagreements about how the accident happened.
Since camera footage isn’t saved forever, it’s important to act quickly. A lawyer can request and preserve this evidence before it’s deleted.
Can I file a claim if I was hit while crossing the street outside a crosswalk in Miami?
Yes, you can still file a claim if you were hit outside a crosswalk. Florida law follows a comparative negligence system, meaning your compensation may be reduced if you share some blame—but that doesn’t prevent you from recovering damages.
Drivers have a duty to watch for pedestrians, no matter where they are crossing. For example, on major roads like US-1 or Flagler Street, drivers must stay alert and adjust their speed in areas where people commonly cross. If the driver was speeding, distracted, or impaired, they could still be held responsible—even if you weren’t in a crosswalk.
While crossing outside designated areas may impact your claim, it doesn’t automatically mean you’re at fault. A lawyer can analyze the details, determine whether the driver’s actions contributed to the accident, and fight for fair compensation.
Are drivers or pedestrians always at fault in Miami pedestrian accidents, or can other parties be responsible?
Drivers are usually responsible, but others may also share the blame. Pedestrian accidents can involve multiple factors, and investigating all possibilities is crucial for a full recovery.
Other potentially liable parties include:
Government agencies: If poor road design, malfunctioning traffic signals, or broken sidewalks contributed to the crash, the city or state could be held responsible.
Employers: If a commercial vehicle (like a delivery truck) hits you, the driver’s employer may be liable for inadequate training, poor maintenance, or pressure to meet deadlines.
Property owners: In some cases, private property owners—such as shopping centers—can be responsible if unsafe conditions, like poor lighting, contributed to the accident.
A lawyer can investigate the scene, collect evidence, and identify all responsible parties to strengthen your case and increase your potential compensation.
Can I file a claim if a government vehicle caused my pedestrian accident in Miami?
Yes, but claims involving government vehicles—like city buses or municipal trucks—follow special rules under Florida’s sovereign immunity laws. These laws set strict deadlines and limit how much you can recover.
For example, if you were hit by a Miami-Dade Transit bus, you may need to file a formal notice of claim within a specific time frame. Missing this deadline could prevent you from seeking compensation.
While these cases are more complicated, an experienced lawyer can guide you through the legal process and work to hold the government accountable.
What if I was hit by a delivery truck or commercial vehicle while walking in Miami?
If you were hit by a delivery truck or commercial vehicle, both the driver and the company they work for may be responsible. These cases often involve more than just driver error—problems with training, maintenance, or corporate policies can also play a role.
For instance, if a delivery truck hit you while rushing to meet a tight deadline, the company could be liable for pushing drivers to work too quickly. Common areas like NW 36th Street near Miami International Airport often see heavy commercial traffic, increasing the risk of pedestrian collisions.
A lawyer can gather company records, review driver logs, and identify all responsible parties to pursue compensation for you.
Can I sue if I was hit by a vehicle in a Miami parking lot?
Yes, you can sue if you were hit in a parking lot. These accidents often happen due to driver inattention, reckless driving, or failure to yield to pedestrians.
In some cases, the property owner may also share the blame. For example, poorly designed lots with bad lighting or unclear pedestrian walkways can increase the risk of accidents. Locations like malls or apartment complexes may be responsible for keeping their property safe.
An attorney can investigate who’s at fault—whether it’s the driver, property owner, or both—and help you pursue compensation.
How do language barriers or lack of documentation affect pedestrian accident claims in Miami?
Language barriers and missing paperwork can make pedestrian accident claims harder. Insurance companies may take advantage of communication gaps to delay or deny claims. Common problems include:
Communication issues: Non-English speakers may struggle to describe the accident or understand their legal rights.
Missing evidence: Gaps in medical records or accident reports can weaken your claim.
Legal confusion: Without clear guidance, you may not know how to handle deadlines or paperwork.
A lawyer familiar with Miami’s diverse community can assist by coordinating translations, securing missing records, and protecting your right to fair compensation.
What are my options if the driver who hit me in Miami lacks sufficient insurance coverage?
If the driver who hit you doesn’t have insurance—or not enough to cover your damages—you still have options for getting compensation. Florida requires drivers to carry insurance, but many don’t follow the law. Here are some ways you might recover your losses:
Personal Injury Protection (PIP): Florida is a no-fault state, which means your own PIP insurance covers a portion of your medical bills and lost wages—up to $10,000—regardless of who caused the accident. This coverage applies even if the driver is uninsured.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you have UM/UIM coverage, your policy can pay for medical expenses, lost wages, and other damages when the at-fault driver doesn’t have enough insurance. This coverage is optional in Florida, but it can be a lifesaver in situations like these.
Other Liable Parties: If the accident involved a defective vehicle, poor road design, or a driver working for a company, you may be able to hold another party responsible. For example, if a delivery driver hit you, their employer may be liable.
Civil Lawsuit: If no insurance is available, you may have the option to sue the driver personally. However, collecting payment can be difficult if they don’t have assets.
A lawyer can review your situation, explore all potential sources of compensation, and fight to get you the money you need to recover.
After a pedestrian accident, facing the legal proceedings on your own is daunting. Between medical bills, missed work, and physical recovery, the last thing you want to worry about is dealing with insurance companies or understanding complex legal procedures. That’s where Madalon Law comes in—we’re here to make things easier and fight for your rights.
Over $250 Million in Verdicts and Settlements
Results matter. At Madalon Law, we’ve secured over $250 million for clients who’ve been injured due to someone else’s negligence. Our experience handling pedestrian accident cases means we know how to build a strong claim and push back against insurance companies that try to pay less than you’re owed. From cases involving minor injuries to life-changing trauma, we’re committed to working tirelessly to help you get the best outcome possible.
No Fees Unless You Win
Worried about the cost of hiring a lawyer? You don’t have to be. We work on a contingency fee basis, which means you pay nothing upfront. Our fees are only collected if we win your case. This way, you can focus on your recovery without the stress of legal bills piling up. If we don’t win, you owe us nothing—simple as that.
Free, No-Obligation Consultation
Every case is unique, and it’s important to understand your legal rights from the beginning. That’s why we offer a free, no-obligation consultation. During this meeting, we’ll listen to your story, review the details of your accident, and discuss your legal options. You’ll get honest, straightforward advice without any pressure to move forward. Our goal is to give you the information you need to make the best decision for yourself and your family.
We’ll Come to You
Serious injuries can make travel difficult—or even impossible. If you can’t make it to our office, we’ll come to you. We offer home and hospital visits to meet you where you’re most comfortable. Getting legal help shouldn’t be an added burden, and we’re willing to go the extra mile to make sure you get proper representation.
Clear and Consistent Communication
Legal processes can be confusing, but you should never feel left in the dark. At Madalon Law, we prioritize clear and consistent communication with our clients. You’ll receive regular updates about your case’s progress, and we’re always available to answer your questions. When you work with us, you’ll know exactly what’s happening at every stage.
Personalized Attention for Every Client
You’re not just another case number to us. We understand that pedestrian accidents impact people in unique ways. That’s why we take the time to understand your situation and tailor our approach to your needs. We’re here to listen, support you through the process, and fight for the best possible result after a pedestrian accident in Miami.
Take the First Step Today
If you or a loved one has been injured in a Miami pedestrian accident, you don’t have to face it alone. Let the Miami pedestrian accident lawyers of Madalon Law handle the legal side while you focus on healing. With our no-fee-unless-we-win policy, free consultation, and commitment to providing personalized service, there’s no reason to wait.
Call our Miami pedestrian accident lawyers today to schedule your free consultation—we’re here to fight for you.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
