Miami Pedestrian Accident Lawyer

If you or someone you know has been struck by a vehicle while out and about, it’s important to seek legal help so you can get back to enjoying what makes Miami so special. Pedestrian accidents like these can lead to physical injury and emotional trauma. To make matters worse, courts and insurance companies make recovery a confusing and time-consuming process, so it is vital to call a Miami pedestrian accident lawyer to eliminate the stress associated with what should be a time of healing.

Steinger, Greene & Feiner understands these complexities and provides legal counsel to pedestrians who have been wrongfully injured in Miami, advocating on their behalf to get them compensation for their injuries. With a strong pedestrian injury attorney like us on your side, you can focus on recovering while we focus on defending justice.

Pedestrian Accident Statistics in Florida and Miami-Dade County

Florida consistently ranks among the most dangerous states for pedestrians, reflecting the risks faced by residents and visitors alike. In 2023, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 10,304 pedestrian crashes statewide, resulting in 793 fatalities. By the end of 2024, there were 9,627 pedestrian accidents and 609 fatalities recorded.

Miami-Dade County, a hub for tourism and high pedestrian traffic, contributes significantly to these figures due to its dense urban environment and influx of seasonal visitors. According to NHTSA data, Florida had one of the highest pedestrian fatality rates in 2022, with 3.47 deaths per 100,000 residents, accounting for 21.9% of all traffic fatalities. These alarming statistics highlight the critical need for pedestrian safety measures and legal recourse for victims in Miami.

What You Should Know About Pedestrian Accidents

In Florida, a pedestrian accident is defined as an incident involving a motor vehicle and an individual on foot. The state’s legal definition of a “pedestrian” encompasses persons walking, running, using skateboards, or operating wheelchairs — but notably excludes cyclists. This classification is crucial in determining fault and liability in accident cases.

In the United States, Pedestrians have the right to use walkways and crosswalks but must exercise caution to avoid harm and follow general safety guidelines when sharing the road with motorists or using sidewalks. Unlike motor vehicle accidents governed by no-fault insurance, pedestrian accidents require proving fault to seek compensation.

Florida law mandates that drivers exercise a duty of care, operating responsibly and following traffic rules. If a driver’s negligence—such as texting or failing to yield—causes an accident, they can be held liable for the pedestrian’s injuries and associated costs. Below, we’ll cover how these laws affect your case and your potential compensation.

Common Causes of Pedestrian Accidents in Miami

Miami’s vibrant streets, bustling nightlife, and dense urban layout create unique challenges for pedestrian safety. With a mix of residents, tourists, and heavy traffic, the city often sees dangerous interactions between vehicles and pedestrians. Many of these incidents result from preventable actions, tied closely to Miami’s specific environment.

• Distracted Driving
  In a city like Miami, where traffic congestion and distractions are commonplace, drivers often engage in risky behaviors such as texting, eating, or adjusting their GPS. These split-second lapses can have devastating consequences, especially in areas with heavy pedestrian foot traffic, such as Downtown Miami or South Beach.
• Impaired Driving During
  Miami’s thriving nightlife is a known attraction, but it also contributes to the prevalence of impaired driving. Drivers leaving bars, clubs, or restaurants under the influence of alcohol or drugs often pose significant risks to pedestrians, particularly in entertainment districts.
• Failure to Yield
  Many of Miami’s pedestrian accidents occur at intersections where drivers fail to yield the right of way. Areas like Brickell and Little Havana often see high pedestrian traffic, and when drivers ignore crossing signals or rush through intersections, accidents become more likely.
• Limited Visibility
  Miami’s mix of dense residential areas and high-rise commercial zones creates frequent challenges for drivers reversing out of driveways or parking lots. Despite tools like backup cameras, drivers in areas such as Coral Gables or Wynwood often overlook pedestrians walking behind vehicles, especially during early morning or evening hours.
• Speeding
  Speeding remains a leading cause of pedestrian accidents, particularly on major roads like Biscayne Boulevard and US-1. Drivers traveling at high speeds not only increase the likelihood of collisions but also amplify the severity of injuries when accidents occur.

Each of these causes highlights the importance of understanding Miami’s specific risks and holding negligent drivers accountable. Below, we’ll discuss how these factors impact your pedestrian accident case and the legal options available to pursue justice.

Common Injuries in Pedestrian Accidents

Because of the nature of pedestrian accidents — unprotected persons being struck by heavy vehicles at potentially high speeds — injuries resulting from these incidents can be severe and require immediate or ongoing medical care.

Some of the most common injuries in pedestrian accidents include:

• Fractures, or Broken Bones
• Traumatic Brain Injuries
• Lacerations
• Spinal Cord Injuries
• Soft Tissue Injuries
• Death

If you or someone you care about was injured after being struck by a vehicle, call the pedestrian car accident lawyers at Steinger, Greene, and Feiner immediately. Recovering from these types of personal injuries takes time and money. We give you both. We’ll save you time otherwise spent navigating the legal complexities of your injury claim, and we’ll make sure that you’re awarded the maximum compensation possible to pay for costly medical expenses related to your injuries.

Legal Rights of Pedestrian Accident Victims

Florida’s legal framework balances the rights and duties of both pedestrians and drivers. Pedestrians have the right of way at marked crosswalks and intersections, requiring drivers to yield and exercise caution in areas with significant pedestrian traffic. However, pedestrians are also required to follow traffic laws.

Fault Determination and Comparative Negligence

Florida pedestrian accidents are governed by the standard of modified comparative negligence in pedestrian hits. This legal principle allows for a nuanced determination of fault, acknowledging that both the driver and pedestrian may bear responsibility if both parties acted negligently. For instance — in a scenario where a pedestrian jaywalks illegally and is struck by a distracted driver, the court may determine shared responsibility for the resulting accident.

Under this system, the court may adjust damages proportionally based on the assigned percentage of fault. For example, if a pedestrian is deemed 20% responsible for the accident, the court may reduce the awarded damages by that corresponding percentage. It is important to note that Florida law precludes pedestrians from claiming damages if they are found to be more than 50% at fault for the incident.

Statute of Limitations for Pedestrian Accident Claims

Accident victims in Miami are beholden to strict statutes of limitations, capping the amount of time they have to file a pedestrian accident claim. The Florida statute of limitation is two years, beginning on the date of the accident or from the moment the injury is discovered. Failure to take action within two years prevents injury victims from seeing their day in court, resulting in the forfeiture of the right to seek financial compensation.

As experienced Miami pedestrian accident lawyers, Steinger, Greene & Feiner understands the urgency under this statute of limitations. We advise victims to seek counsel from a qualified pedestrian accident attorney immediately following the incident to ensure timely filing. Understanding these legal frameworks is crucial for pedestrian accident victims in Miami to effectively navigate the claims process and protect their rights to potential compensation.

What Compensation Is Available to Pedestrian Accident Victims?

When you’re injured as a pedestrian, the law provides avenues to recover financial compensation for the losses you’ve endured. Each case is unique, and the compensation you may be eligible for depends on the specifics of your accident, the nature and extent of your injuries, and the impact on your life. The experienced attorneys at Steinger, Greene & Feiner carefully assess these factors, offering a personalized evaluation and guiding you toward the justice you deserve.

Economic Compensation

Economic damages are the measurable financial losses caused by the accident. These include:

• Medical Expenses: Costs for immediate treatment, hospital stays, surgeries, and ongoing care like physical therapy or specialist consultations.
• Lost Wages: Compensation for income lost due to missed work during recovery, as well as future earnings if your injuries prevent you from returning to your job.
• Rehabilitative Care: Expenses for physical or occupational therapy aimed at regaining mobility or function.
• Property Damage: Reimbursement for personal belongings damaged during the accident, such as phones or other items.
• Mental Health Treatment: Coverage for therapy, counseling, or psychiatric care related to the emotional aftermath of the accident.
• Prescription Medication: Costs for pain management, antibiotics, or other necessary medications.

Non-Economic Compensation

Non-economic damages provide relief for losses that affect your quality of life but cannot be quantified in monetary terms. These include:

• Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
• Emotional Trauma: Recovery from the psychological toll, such as anxiety, depression, or PTSD, stemming from the accident.
• Loss of Enjoyment of Life: Damages for being unable to engage in activities you once loved due to injury.
• Scarring and Disfigurement: Recognition of the lasting impact on your appearance and self-esteem.
• Loss of Companionship or Consortium: Compensation for the diminished relationship quality with a spouse or family member due to the accident.

Wrongful Death Compensation

In cases where a pedestrian accident leads to the loss of a loved one, Florida law allows families to seek wrongful death compensation. These claims cover:

• Funeral and Burial Expenses: Costs associated with laying your loved one to rest.
• Loss of Financial Support: Compensation for the income your loved one would have provided.
• Loss of Companionship: Damages for the emotional and relational void left by the deceased.
• Emotional Distress: Recognition of the profound grief and psychological impact experienced by surviving family members.

At Steinger, Greene & Feiner, we recognize the immense burden pedestrian accidents place on victims and their families. Our goal is to ensure you receive comprehensive compensation that addresses every aspect of your loss, helping you rebuild your life after the accident.

Steps to Take After a Pedestrian Accident

Safety should be your priority if you’ve been injured in a pedestrian accident. Once you’ve received necessary medical care following the accident, you should immediately contact a pedestrian accident lawyer. 

Savvy Miami pedestrian accident attorneys like those at Steinger, Greene & Feiner will advise you to never admit fault at the scene of the accident. In fact, you should avoid discussing your case with anyone but your lawyer — and never post anything about it on social media. Anything you say or post publicly can and will be used by the opposing counsel to diminish your case. Your attorney-client relationship is important, and everything you discuss together will remain confidential.  

To make your case as strong as possible, it is important to provide proof of damages and document the accident as thoroughly as possible for legal purposes. Whatever medical care you have already received will initiate an evidence trail — and may also help your case if you sustained a serious injury whose symptoms don’t appear until later on. You should also use your cell phone to capture eyewitness accounts and record videos of the surrounding accident scene. Take photos and videos of any injuries you or a loved one may have sustained. Last, communicate with the driver and note their contact and insurance information.

Proving Negligence in Pedestrian Accident Cases

The evidence you gather during these critical moments, especially while it’s still fresh, will serve as the foundation for your pedestrian injury case. Steinger, Greene & Feiner will help you collect and leverage this evidence to maximize the compensation you deserve for your injuries.

In legal proceedings, the concept of negligence plays a crucial role in determining fault and liability. Negligence is defined as a failure to act with a reasonable duty of care resulting in harm. 

To establish driver negligence in a pedestrian accident case, the victim must demonstrate:

• The driver owed a duty of care to the pedestrian and other road users.
• The driver breached this duty of care through action or inaction.
• The breach directly resulted in the accident and subsequent pedestrian injury.

Dealing with Insurance Companies

Florida law mandates that drivers maintain a minimum of $10,000 in personal injury protection insurance. Keep in mind, however, that insurance companies operate as profit-driven entities, and their business model inherently incentivizes minimizing claim payouts. Consequently, even when a claimant is fully entitled to compensation, they may encounter resistance from insurance company representatives during the personal injury claim process.

Insurance providers often employ various tactics to minimize their financial liability. These may include questioning the severity of injuries, disputing the causal link between the accident and the claimed injuries, and extending a low settlement offer. These strategies can lead to frustration and fatigue for victims, potentially resulting in the acceptance of inadequate compensation or leaving a legitimate claim.

Given the complexities of insurance negotiations, consulting with a specialized pedestrian accident attorney can provide valuable insights and support throughout the claims process.

Why Choose Steinger, Greene & Feiner as Your Pedestrian Accident Lawyer in Miami?

When you bring your pedestrian accident case to us, we’re committed to providing you with personalized service and complete client satisfaction. We’ve successfully recovered over $2 billion in compensation for our clients over the years, a track record forged by results.

When you work with Steinger, Greene & Feiner, you will experience our values  in every interaction:

• Personalized Attention and Support
• Expertise and Experience
• Client-centered Approach
• Proven Track Record

Contact Us for a Free Consultation with a Miami Personal Injury Attorney

According to the US Department of Transportation Federal Highway Administration, 76,000 pedestrians are injured in roadway crashes every year. To make matters worse, these numbers are rising.

If you’ve been injured in a pedestrian accident, you’ll face unexpected challenges in your recovery process. Beyond physical recovery itself, you will be burdened financially with costly medical expenses. To minimize liability for these expenses, insurers will do everything in their power to minimize your settlement. Furthermore, if your injury was caused by the negligence of another, there are legal complexities standing in between you and justice.

Steinger, Greene & Feiner are on your side every step of the way. Take the first step towards recovery and speak with one of our compassionate and experienced Miami pedestrian accident lawyers today.