According to recent data, the Miami-Fort Lauderdale-Pompano Beach area is the 14th most dangerous metropolitan area in the United States for pedestrians. The Florida Highway Safety and Motor Vehicles reported 915 pedestrian crashes between January and July of 2023 in Miami-Dade County, with 49 fatalities and 684 injuries during the same period.
If you suffer injuries in a pedestrian accident, working with a pedestrian accident attorney at Aigen Injury Law to understand who is at fault and what to do after the incident can help you protect your rights to compensation.
Florida Traffic Laws and Pedestrian Rights
Florida traffic laws mandate that drivers should yield to pedestrians in most situations. Pedestrians have the right of way at marked crosswalks and unmarked crosswalks at intersections.
Drivers are required to stop or slow down as necessary to avoid hitting pedestrians. In addition, the laws prohibit drivers from overtaking vehicles that have stopped at a crosswalk for pedestrians.
Still, Miami-Dade County encourages pedestrians to use safe behavior when walking on or near busy roads. For instance, pedestrians should use designated crosswalks or sidewalks when available, avoid using phones or devices when walking, and use the left side of the road when no sidewalk is available.
When is the Driver at Fault?
Drivers are often responsible when determining fault in a Miami pedestrian accident. This is usually when the driver fails to comply with traffic laws. For instance, if a driver doesn’t yield to a pedestrian at a crosswalk, or if they are speeding, driving under the influence, or distracted, they are most likely at fault.
In these situations, the driver’s negligence has directly caused the accident, making them liable for the injuries sustained by the pedestrian. This can include the cost of medical bills, rehabilitative services, lost wages, and pain and suffering.
There are also situations when pedestrians may have partial responsibility for their injuries. Florida uses modified comparative negligence in personal injury cases, meaning both parties may be at fault in an accident. For example, you may be partially responsible if you dart out in front of a car without using a crosswalk while the driver has the green light.
Modified comparative negligence allows you to receive compensation as long as you are less than 50% at fault; however, your award may be reduced by your percentage of liability.
What to Do if You Have Been Injured in a Pedestrian Accident
If you are a pedestrian accident victim, taking the right actions can protect your rights and preserve evidence to support a compensation claim. After a vehicle-pedestrian incident, do the following:
- Seek medical help: Always seek medical help after a pedestrian accident. If you are severely injured, this will ensure you receive proper treatment and diagnosis and provide medical records your attorney can use in a personal injury claim. Even if you don’t feel hurt, still get checked out by a doctor, as some injuries, such as internal or traumatic brain injuries, don’t show symptoms immediately while still being dangerous.
- Report the accident: Report the incident to the local police. This creates an official record of the accident, which can serve as evidence in your case. All accidents in Florida that result in injury or death or more than $500 in vehicle or property damage must be reported to authorities as soon as possible.
- Document the scene: If possible, take photographs of the accident scene, your injuries, and any property damage. Document skid marks, weather conditions, crosswalk markings, or traffic signs that may help show the driver was at fault. Also, gather contact information from the driver and any witnesses.
- Speak with an attorney: Understanding your rights and legal options after a pedestrian accident requires working with a knowledgeable attorney. Our pedestrian accident lawyers at Aigen Law can review the circumstances of your accident to determine if you have a valid personal injury case against the driver and what damages you may be entitled to.
If we discover that the driver acted negligently and caused your injuries, we can help you submit a claim through their insurance or file a lawsuit to seek maximum compensation for your damages.
Get a Fair Settlement for Your Pedestrian Accident Case
You deserve compensation when you suffer harm due to a driver’s irresponsible behavior in Miami, Florida. By employing a skilled attorney from Aigen Injury Law, you can focus on recovery while we handle the legal aspects of your case and fight to get you the settlement you are owed.
If you or a loved one has been injured in a pedestrian accident, contact us as soon as possible to schedule a free consultation. We will help you understand your legal options and take the first step toward compensation.