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One Dead, Two Injured in Miami Pedestrian Crash Involving Police Car

Michael T. Flanagan, Esq.

A devastating pedestrian accident occurred on the evening of Saturday, March 15th, at the intersection of Northwest Seventh Street and 47th Avenue in Miami, FL, leaving three people injured, including two pedestrians and a Miami police officer. Tragically, 23-year-old Michelle Veronica Salmeron Membreno succumbed to her injuries at Jackson Memorial Hospital, according to police officials. The circumstances surrounding the crash remain under investigation as authorities work to determine the cause of the collision and any potential liability.

According to initial reports, the crash happened around 6:30 p.m. when the driver of a Toyota sedan attempted to make a turn and collided with a Miami police cruiser traveling in the opposite direction. The impact left both vehicles severely damaged and led to two female pedestrians being struck. Authorities have not yet determined which vehicle struck the pedestrians, and a full investigation is underway to establish fault and liability.

Legal Considerations in Pedestrian Accidents Involving Law Enforcement

When a pedestrian accident involves a law enforcement vehicle, determining liability can be complicated. Various factors will need to be investigated, including:

  1. Who Had the Right of Way? – If the police officer was responding to an emergency with sirens and lights activated, different traffic laws apply. However, even during emergency responses, officers must exercise due care to avoid harming pedestrians and other motorists.
  2. Speeding or Reckless Driving – Witnesses described a forceful impact, which suggests that speed may have been a factor. If an officer was driving recklessly or above the speed limit, it could indicate negligence.
  3. Traffic Signal Compliance – Did either driver run a red light or fail to yield? Traffic camera footage and eyewitness testimony will be crucial in establishing fault.
  4. Pedestrian Rights Under Florida Law – Florida law provides strong protections for pedestrians, particularly in designated crosswalks and sidewalks. If the victims were lawfully on the sidewalk, liability may fall on one or both drivers.

Who Can Be Held Liable?

In Florida pedestrian accident cases, liability is often determined by analyzing who had the right of way and whether any driver was negligent. In a case like this, multiple parties could be responsible, including:

  • The Toyota driver: If the Toyota driver made an unsafe turn, failed to yield, or violated traffic laws, they could be liable for the crash and pedestrian injuries.
  • The police officer: If the officer was speeding, ran a red light, or otherwise acted negligently, the City of Miami or Miami Police Department could be held accountable under Florida’s sovereign immunity laws (Florida Statutes § 768.28).
  • The city or local government: If a dangerous intersection, lack of proper signage, or malfunctioning traffic signals contributed to the crash, the City of Miami could bear some liability.

How Florida Law Protects Pedestrians

Under Florida Statutes § 316.130, drivers must yield to pedestrians at marked crosswalks and must exercise caution to avoid collisions. However, pedestrians also have a duty to follow traffic laws and use designated crosswalks.

In this case, determining liability may require:

  • Traffic camera footage (if available)
  • Eyewitness statements
  • Accident reconstruction reports
  • The police officer’s dashcam (if applicable)
  • Toxicology reports to rule out intoxicated driving

Filing a Wrongful Death Claim for a Fatal Pedestrian Accident in Florida

Under Florida’s Wrongful Death Act (Florida Statutes § 768.16-768.26), surviving family members may seek compensation if a loved one is killed due to negligence. Compensation for wrongful death claims may include:

  • Funeral and burial expenses
  • Medical expenses incurred before death
  • Loss of financial support
  • Loss of companionship and emotional suffering

Since one of the vehicles involved belonged to the Miami Police Department, a claim against a government entity would require additional legal steps. Claims against government agencies in Florida have stricter deadlines and damage caps, which limit how much compensation a family can recover.

What Should Victims Do After a Pedestrian Accident?

If you or a loved one has been injured in a pedestrian accident, it’s crucial to take the following steps:

  1. Seek Immediate Medical Attention – Some injuries, such as traumatic brain injuries or internal bleeding, may not be immediately apparent.
  2. Obtain the Police Report – The official crash report will contain critical details about the accident, including witness statements and officer observations.
  3. Gather Evidence – If possible, take photos of the accident scene, obtain contact information from witnesses, and preserve medical records.
  4. Consult a Miami Pedestrian Accident Attorney – A lawyer can help determine liability, negotiate with insurance companies, and pursue a wrongful death or personal injury claim.

If you or a loved one was injured in a pedestrian accident in Miami, contact an experienced personal injury attorney to explore your legal options. Holding negligent drivers accountable not only helps victims recover but also improves road safety for everyone in our community.

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