Miami Pedestrian Accident Attorneys

Choose our Pedestrian Accident Lawyers in Miami: We've Recovered Millions for Clients Throughout Florida

When you take a walk in your neighborhood, leave the grocery store, or even walk down your driveway, you don’t anticipate getting injured, especially not by a driver. Unfortunately, pedestrian accidents happen more than you’d think and especially in Florida, where the risk of getting killed as a pedestrian is higher than in many other states. 

According to data, Florida accounts for 11.1% of all pedestrian deaths across the country. Since the state is known for its warm weather and is a vacation destination for tourists, it makes sense that there are many pedestrians walking around. If you were injured as a pedestrian, don’t hesitate to call our Miami pedestrian accident lawyers for help. Rossman, Baumberger, Reboso & Spier, P.A. are on the side of everyday individuals in Florida.

Call (305) 900-5493 or contact us online for a free consultation in English or Spanish. We’re proud to have served individuals and families throughout Florida as a law firm since 1974.

What to Do If You Get Hit By a Car While Walking

If you find yourself or a loved one as the victim of a Florida pedestrian accident, take the following steps to help guard your rights:

1. Get medical treatment immediately - It is best to call the paramedics or go to a doctor immediately after your accident to make sure you have not suffered any serious injuries and to clearly document any injuries you have suffered.
2. Keep a clear record of your injuries - Be sure to keep any documentation and photographic evidence of your injuries in a safe place. If you are forced to pay any medical bills or for any medication, keep a record of these payments.
3. Be sure to fill out and request an accident report with the police - In most cases, the police will respond to the scene of your accident along with the paramedics. If for some reason they do not, call the police and report the incident immediately. They will take an accident report, which you can later request as evidence in your case.
4. Do not speak to the driver's insurance company without a lawyer - The driver may try to get you to settle with their insurance company without involving a lawyer. This decision is often not in your best interest, as it could leave you without enough compensation to cover your injuries.
5. Contact a pedestrian injury lawyer immediately - Our team at Rossman, Baumberger, Reboso & Spier can help you fight for your rights after a Florida pedestrian accident. Contact us today for a free, no-obligation consultation.

What Are Common Causes of Pedestrian Accidents?

While pedestrians can be injured by bicyclists and other pedestrians, many of the pedestrian accident cases our experienced attorneys have handled have involved motor vehicles. According to the U.S. Centers for Disease Control (CDC), more than 8,000 pedestrians were killed in accidents involving motor vehicles in 2022.

Common forms of driver negligence that can contribute to pedestrian accidents include:

• Speeding: When drivers go above the speed limit, they have less time to react to something like a pedestrian crossing the street. They are also more likely to lose control of their vehicle if they make a sharp turn or swerve to avoid a hazard.
• Drunk driving: Drunk drivers are often distracted and might not be able to see a pedestrian in front of them or on the side of the road. They are also less likely to abide by traffic rules and may run a stop sign or red light, colliding with anything or anyone in the way.
• Failing to stop or yield: Pedestrians have the right-of-way in various situations, including when they are crossing the street at a crosswalk. Drivers who fail to yield to pedestrians can cause serious accidents and injuries.
• Distracted driving: Drivers who are too busy texting on their phones or applying makeup can easily miss a pedestrian about to step into the road. 
• Backing-up accidents: People can also be injured in parking lots or driveways when drivers are backing up and fail to notice or check for people walking by.

Who Can Be at Fault in a Pedestrian Accident?

Determining who is responsible for a pedestrian accident often comes down to the specifics of the accident. Was the pedestrian in the crosswalk when they were hit? Was the driver speeding? Was the crosswalk improperly marked? 

Depending on the circumstances of the accident, any of the following parties could be found at fault:

• The driver: All drivers have a duty to avoid hitting pedestrians, whether they are crossing the road legally or not. If they were negligent at the time of the accident, they will usually bear the brunt of the responsibility.
• The pedestrian: If a pedestrian is struck while crossing outside a crosswalk, they may be found partially at fault. Especially if the driver could not stop in time or hit another vehicle while trying to avoid the pedestrian.
• The property owner: If the accident occurs on private property (in a parking lot, a parking garage, etc.), the property owner may be held responsible for the accident.

Tips to Avoid Pedestrian Accidents

Most pedestrian accidents are preventable, which is why we have provided a list of tips for both drivers and pedestrians to keep in mind so they can avoid a potential accident. However, it is important to know that you are only responsible for your own actions and that other drivers may not be adhering to rules like you are.

Drivers can help prevent pedestrian accidents by:

• Slowing down in pedestrian-heavy areas like shopping areas, school zones, neighborhoods, and more
• Checking mirrors and blind spots before changing lanes, backing up, and making turns
• Being patient with pedestrians who need extra assistance with crossing the street

Pedestrians can help prevent pedestrian accidents by:

• Staying within designated crossing areas
• Not assuming all drivers can see you
• Looking up from your phone to pay attention to your surroundings
• Looking around stopped vehicles to ensure there are no oncoming vehicles

How Our Pedestrian Accident Lawyers in Miami Can Help You

Our pedestrian accident attorney in Miami is well-versed in Florida traffic laws and understands your rights. We are determined to protect you and pursue the compensation you deserve after suffering serious injuries. Since pedestrians lack the protection of airbags, seat belts, and helmets, they often suffer the most devastating injuries in an accident involving other vehicles. Our firm can strengthen your claim and hold negligent drivers responsible for their actions so you can focus on getting better.

If you are ready to seek justice, we are ready to help. Learn more about our trusted legal services today by calling our pedestrian accident attorneys in Miami, FL, at (305) 900-5493.

Frequently Asked Questions

What Compensation Is Available After a Pedestrian Accident?

Depending on the specifics of your case, you may be entitled to compensation for medical bills, lost wages, pain and suffering, property damage, and more. Our pedestrian accident lawyer in Miami can determine the types of compensation you're entitled to and pursue them. 

How Long Do I Have to File a Pedestrian Accident Claim in Florida?

Florida law generally gives injured pedestrians two years from the date of the accident to file a lawsuit. As delays can make evidence harder to gather and may jeopardize your claim, it’s best to speak with a Miami pedestrian accident attorney as soon as possible.

Should I Talk to the Insurance Company Before Contacting a Lawyer?

You should report the accident to your insurer, but you are not required to provide detailed statements right away. Insurance adjusters may try to limit the value of your claim. Consulting a Miami pedestrian accident lawyer first can help protect your rights and prevent statements from being used against you.