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.

Why Choose Our Miami Pedestrian Accident Lawyer?

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

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. At the same time, they must also exercise caution and follow general safety guidelines when sharing the road with motorists or using sidewalks. Unlike motor vehicle accidents, which are governed by no-fault insurance laws in Florida, pedestrian accidents require a determination of fault to establish potential compensation. This distinction highlights the importance of understanding the legal parameters surrounding such incidents.

Florida law, like many jurisdictions, imposes a duty of care on drivers to operate their vehicles responsibly and in compliance with traffic regulations. Violations of this duty may lead to a finding of negligence and subsequent liability for damages. For instance, a driver who injures a pedestrian while texting and failing to stop at a designated sign may be held legally responsible for the resulting injuries and associated costs.

Some of the most common causes of pedestrian accidents in Miami include:

1. Distracted Driving: Activities such as texting, eating, or adjusting vehicle controls can momentarily divert a driver’s attention, potentially leading to accidents.
2. Impaired Driving: The influence of alcohol, illicit drugs, or certain medications can significantly impair a driver’s reaction time and dull senses.
3. Failure to Yield: Drivers are legally obligated to yield to pedestrians at designated crossings and intersections. Neglecting this duty can result in pedestrian accidents.
4. Limited Visibility While Reversing: Despite technological advancements like backup cameras, drivers must remain vigilant when reversing to avoid striking pedestrians.
5. Speeding: Excessive speed not only increases the likelihood of accidents but also exacerbates the severity of injuries in pedestrian collisions.

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 adheres to the standard of modified comparative negligence in pedestrian accident cases. 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.

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.

The compensation you’re eligible to receive from your personal injury case will vary depending on the type of case. It will also depend on the nature and extent of your injuries. The pedestrian injury attorneys at Steinger, Greene & Feiner will discuss the details of your case and give you an accurate estimate based on similar cases that they’ve handled. 

There are two types of compensation you can seek from a pedestrian accident case:

• Economic: These are measurable losses with a monetary value. Common examples include medical expenses, rehabilitative care, property damage, lost wages, mental health treatment, and prescription medication.
• Non-Economic: These are intangible losses that affect a person’s well-being but have no direct monetary repercussions. Common examples include pain and suffering, mental anguish, emotional trauma, scarring and disfigurement, amputation, and loss of companionship or consortium. 

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.

Contact Us for a Free Consultation with a Miami Pedestrian Accident Lawyer

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.