Miami Pedestrian Accident Attorneys

Accidents that involve pedestrian-vehicle collisions are a serious cause of injury and death in Miami and throughout Florida. The aftermath of these accidents can severely limit the victim’s quality of life, leaving him or her unable to work, attend school, or perform daily tasks without assistance. The victim deserves compensation for his or her mounting medical bills and lack of income due to injuries.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, our attorneys have extensive experience handling pedestrian accident cases and have won multi-million-dollar settlements for clients after many other law firms rejected their difficult cases.

Our Miami pedestrian accident attorneys have:

• An intimate, focused knowledge of personal injury and wrongful death law.
• Experience finding optimal paths to maximum compensation for our clients.
• A small caseload, so they can give personal attention to each client from start to finish.
• Never lost a case in the firm’s history.

We handle pedestrian accident cases in Miami and throughout Miami-Dade County so that our clients can focus on recovery and healing. Contact us by calling (305) 638-4143 to schedule your initial consultation.

Table of Contents

• Miami Pedestrian Accident Statistics
• Causes of Pedestrian Accidents in Miami, Florida
• Pedestrian Liability in Accidents
• Why You Need a Pedestrian Accident Attorney
• What types of compensation can pedestrian accident victims seek?
• Common Pedestrian Accident Injuries
• Complimentary Pedestrian Accident Lawyer Consultation

Miami Pedestrian Accident Statistics

From fender-benders to rollover accidents, thousands of Miami residents are involved in car accidents every year. Luckily, many of these accidents are minor, involving no injuries and just a few scratches on the paint. When an accident involves a pedestrian, bicyclist, or another vehicle non-occupant, the consequences can be more severe.

According to the Florida Highway Safety and Motor Vehicles’2016 annual report:

• 395,785 car crashes occurred in Florida during 2016;
• 9,102 of these crashes involved pedestrians;
• 7,796 of these crashes resulted in pedestrian injury; and
• 667 of these crashes resulted in pedestrian fatalities.

Since vehicles are heavy machines, it is very easy for one to severely injure a pedestrian or bicyclist. Pedestrian accident statistics are likely to follow the same trends in 2018.

According to Florida’s Integrated Report Exchange System (FIRES),between January and October 2018 Florida had seen:

• 303,029 car crashes
• 6,724 pedestrian crashes
• 482 pedestrian fatalities

These statistics reaffirm the severity of pedestrian accidents. The victims of these accidents deserve proper representation and compensation for the injuries and losses they have suffered.

Causes of Pedestrian Accidents in Miami

A driver’s license comes with a set of firm responsibilities. According to Florida Statute 316.130(15), drivers have a duty to avoid collisions with a pedestrian. Drivers must exercise due care and caution, especially when children, older people, and obviously confused or incapacitated individuals are in the area.

Motorists are frequently at fault in pedestrian accidents due to various reasons, including:

• Drunk Driving: Operating a vehicle under the influence of alcohol or drugs, impairing their judgment, reaction time, and ability to observe pedestrians.
• Distracted Driving: Engaging in activities that divert their attention from the road, such as texting, talking on the phone, or adjusting navigation systems, causing them to overlook pedestrians.
• Fatigued Driving: Driving while excessively tired or drowsy, which diminishes their alertness and increases the risk of not noticing pedestrians.
• Speeding: Driving above the posted speed limit or at an unsafe speed, reducing the driver’s ability to react to unexpected pedestrian movements.
• Inattentive left-hand turns: Failing to yield to pedestrians while making a left-hand turn at an intersection, leading to collisions.
• Inattentive backing up: Neglecting to check for pedestrians behind their vehicle while reversing, resulting in accidents.
• Failing to check crosswalks: Disregarding marked crosswalks and failing to yield the right of way to pedestrians lawfully using them.

Pedestrian Liability in Accidents

Drivers of motor vehicles are the most likely to be liable for pedestrian accidents. However, if a pedestrian does not follow the regulations set out in Florida Statute 316.130, they may be liable for the accident.

Actions that may indicate victim liability include:

• Not following traffic light instructions, such as crossing an intersection during a red light.
• Walking on the road when a sidewalk is available.
• Suddenly leaving the curb or sidewalk and running into the path of a vehicle.
• Crossing an intersection diagonally.
• Not crossing at a designated crosswalk.
• Standing in the roadway to solicit employment, a ride, or business from a driver.

Pedestrians in Florida may not follow all these regulations on a day-to-day basis. Many people sprint across a street to get to the other side quickly or cross a road diagonally to save time. However, these common behaviors may become grounds for a case against the pedestrian – it is very easy for a defendant to argue that the accident was the victim’s fault, reducing the compensation they deserve.

Why You Need a Pedestrian Accident Lawyer

Pedestrian accident cases can be difficult to fight. To win compensation, the victim must prove the driver was acting carelessly or negligently. Even if this is the case, Florida’s lengthy regulations in Statute 316.130 may put the pedestrian at fault for the accident. A seasoned lawyer can help a victim parse the confusing legal jargon and build a compelling case.

Under Florida’s Financial Responsibility Law, drivers must have full liability coverage. Insurance companies often lowball victims who do not have legal representation. Hiring an attorney experienced in personal injury law will enable the victim to receive proper compensation from these companies.

What types of compensation can pedestrian accident victims seek?

Compensatory damages are designed to help recover what was lost as a result of the injury. While money cannot erase the physical, mental, or emotional harm, these losses are still given a monetary value.

Economic damages: 

• Medical expenses associated with the pedestrian accident.
• Anticipated medical costs if ongoing medical care is necessary.
• Lost wages during the recovery period.
• Reduced or lost earning capacity and employment benefits if the victim is disabled or impaired and unable to return to work.
• Property damage.
• Other financial losses such as domestic services, childcare, home or vehicle modifications, and therapy.

Non-economic damages:

• Pain and suffering.
• Disfigurement.
• Mental anguish.
• Emotional distress.
• Loss of enjoyment of life.

In only a limited number of personal injury cases that are presented to a jury, punitive damages may be a possibility. In accordance with Florida law, juries have the authority to grant punitive damages if you can establish that your injuries were a direct result of the defendant’s intentional misconduct or gross negligence. 

Common Pedestrian Accident Injuries

Pedestrians face an exceptionally high risk of sustaining severe injuries or even losing their lives in accidents involving motor vehicles. In fact, when subjected to a collision at a speed of 40 mph, pedestrians have an alarming 85% chance of succumbing to their injuries. Even at lower speeds, significant injuries are still common. Our team of pedestrian accident lawyers has successfully represented clients suffering from various types of injuries, including:

• Fractures: Broken bones that require medical attention and often necessitate a lengthy recovery period and sometimes surgery.
• Soft tissue injuries: Damage to muscles, tendons, or ligaments resulting in pain, inflammation, and reduced mobility.
• Organ damage: Harm inflicted upon internal organs, leading to serious medical complications and potentially requiring surgical intervention.
• Nerve damage: Injury to the nerves causing sensory or motor impairment, often resulting in chronic pain or loss of function.
• Neck injuries: Trauma to the neck region, such as whiplash, which can cause pain, stiffness, and limited range of motion.
• Back injuries: Spinal damage or vertebral fractures that may result in chronic pain, mobility limitations, or even paralysis.
• Brain injuries: Head trauma causing various levels of cognitive impairment, ranging from concussions to severe traumatic brain injuries (TBIs).
• Spinal cord injuries: Damage to the spinal cord, potentially resulting in paralysis or loss of sensory and motor functions below the injury site.
• Catastrophic injuries: Severe and life-altering injuries that have a profound impact on the victim’s overall quality of life.

Our Miami pedestrian accident lawyers are committed to tirelessly fighting on your behalf to pursue comprehensive compensation for all your losses, including the emotional and psychological toll resulting from your injuries.

Contact Our Miami Pedestrian Accident Attorneys Today

Our lawyers at Flanagan & Bodenheimer Personal Injury and Wrongful Death Law Firm focus on cases like these. Our law firm offers free consultations at our office in Miami and can travel to homes and hospital rooms. Regardless of where you have been injured in a pedestrian accident, we are proud to help accident victims throughout the state.

Call us at (305) 638-4143 or contact us online to schedule a free consultation and discuss your legal options today.