Miami Pedestrian Accident Lawyers

Miami Pedestrian Accident Lawyers

Helping walkers and families obtain the compensation they deserve for their injuries

When a driver hits a pedestrian, the consequences are often catastrophic. Victims can suffer injuries that change their lives forever. Most Miami pedestrian accident victims require surgery, need long-term rehabilitation care, and live with a lifetime of chronic pain. Tragically, many pedestrian accidents are fatal.

At Hickey Law Firm, our Miami pedestrian accident lawyers have been fighting for personal injury victims for 40 years. We are respected nationwide for our preparation, tenacity, and persuasiveness – all of which have led to numerous high settlements and strong verdicts. John H. (Jack) Hickey is Board Certified by The Florida Bar in Civil Trial and by the National Board of Trial Advocacy (NBTA). The Best Lawyers in America© recognizes Hickey in three areas: Personal Injury Litigation – Plaintiffs, Admiralty and Maritime Law, and Medical Malpractice – Plaintiffs.

How can we help?


How common are pedestrian accidents?

According to the Governors Highway Safety Administration (GHSA), 7,485 pedestrians were killed nationwide in 2021 – the most in a single year in four decades. The GHSA report for 2021 concluded that the following factors and concerns contributed to the high number of pedestrian deaths:

  • Reckless driving
  • Unsafe road crossings
  • The need for better lighting and other methods to help make pedestrians more visible
  • The increase in SUV sales, which are often deadlier than traditional car accidents

The GHSA emphasized that public education, better engineering, prompt emergency responses, and an examination of successful state programs are needed to reduce the number of pedestrian fatalities.

What are the different types of pedestrian accidents in Miami?

Many pedestrian accidents happen in:

  • Crosswalks, because drivers don’t stop before entering the crosswalk
  • Intersections, because drivers focus on their turns and not the right of pedestrians to access the intersections
  • Neighborhoods and school zones, where many children walk and play
  • Parking lots, prime spots for pedestrian accidents because drivers focus on getting a good spot or leaving the parking lot quickly

Pedestrian accidents can also happen at construction sites when the site owners fail to close off the construction site to pedestrians.

In some cases, such as when a pedestrian jaywalks, the pedestrian may be partially responsible.

Why do pedestrian accidents happen?

Driver negligence is the most common cause of pedestrian accidents. Car, truck, and other drivers who do any of the following are likely to cause a pedestrian accident in Miami:

  • Drive while intoxicated or under the influence of drugs
  • Drive while fatigued
  • Drive while distracted – including texting while driving, using a smartphone, eating, drinking, looking at an entertainment system, and looking at a GPS
  • Speeding and other traffic violations
  • Driving too fast for weather conditions
  • Running a red light or stop sign
  • Driving through a yellow light
  • Turning right on a red light
  • Turning without looking for pedestrians
  • Backing out without looking for pedestrians

At Hickey Law Firm, our Miami pedestrian accident lawyers promptly investigate the accident site, speak with the police, and review the police reports. We question everyone who has knowledge about the accident, through the deposition process and with the help of our investigators. Our lawyers explore whether there are any photographs or videos of the accident and use many other methods to determine why your accident happened.

Miami Pedestrian Accident Lawyers

What injuries do pedestrian accidents cause?

Most pedestrian accidents cause catastrophic injuries. When a car strikes a pedestrian, it’s a miracle if the pedestrian survives. Victims who do survive often suffer multiple injuries. At Hickey Law Firm, we understand the unique challenges involved with people who will need a lifetime of medical care and who will live with a lifetime of pain. Some of the different types of catastrophic, permanent, and serious injuries we handle for our clients include:

  • Traumatic brain injuries, concussions, and other types of head trauma
  • Traumatic amputation/loss of limb
  • Spinal cord injuries and paralysis
  • Fractures/broken bones
  • Head, neck, and shoulder injuries
  • Internal organ damage and crush injuries
  • Nerve, ligament, tissue, and nerve damage
  • Vision loss
  • Scarring and disfigurement
  • Emotional trauma
  • Other damages

Our pedestrian accident lawyers also file wrongful death claims on behalf of the families of spouses, parents, and children killed in a Miami pedestrian accident.

Who is responsible for a Miami pedestrian accident?

Our Miami pedestrian accident lawyers work aggressively to hold every person and every entity responsible for your injuries. The responsible defendants may include:

  • The driver
  • The owner of the vehicle, if different than the driver
  • An employer
  • A trucking company
  • The Florida Department of Transportation
  • A seller of alcohol, if the driver who causes the accident was a minor or was “habitually addicted to the use of any or all alcoholic beverages.”

What are Florida’s laws regarding pedestrians?

Section 316.130 of the Florida Statutes outlines the rules of the road for pedestrians and drivers. That section says:

  • A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.
  • Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter.
  • Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
  • Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.
  • No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.
  • No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
  • (a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
    1. The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
    2. When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
  • No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
  • Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
  • Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
  • Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
  • No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.
  • Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
  • No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
  • Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
  • No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
  • No pedestrian may jump or dive from a publicly owned bridge. Nothing in this provision requires the state or any political subdivision of the state to post signs notifying the public of this provision. The failure to post a sign may not be construed by any court to create liability on the part of the state or any of its political subdivisions for injuries sustained as a result of jumping or diving from a bridge in violation of this subsection.
  • No pedestrian shall walk upon a limited access facility or a ramp connecting a limited access facility to any other street or highway; however, this subsection does not apply to maintenance personnel of any governmental subdivision.
  • A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation.

How much is my Miami pedestrian accident case worth?

Experienced personal injury lawyers understand from day one that it is necessary to pay attention to all the small details. At Hickey Law Firm, we work with your doctors and our network of doctors to understand the full scope of your injuries, including the type of care you’ll need, the cost of the care, and how your injuries affect every movement you make.

We demand compensation for all economic and non-economic damages, including but not limited to:

  • Medical expenses, past and future
  • Lost income and loss of earning capacity (for the future)
  • Pain, suffering, loss of the enjoyment of life, mental anguish, physical disability and impairment, scarring, and disfigurement
  • Loss of consortium (the effects that the injuries have on your marital relationship)

When the defendant’s conduct is inexcusable, we demand punitive damages. We seek additional damages if your loved one lost their life in the accident.

How much time do I have to file a pedestrian accident claim in Miami?

Florida has specific time limits for filing accident claims. If you don’t file within the time limits, you will not be entitled to compensation – even if you have a perfect case. In Florida. All negligence claims must be filed within four years. The time limit for a wrongful death claim is just two years. The time limit for claims against the state or a state entity/agency is normally just six months.

Don’t wait. Call us as soon as possible after an accident. The sooner we meet with you, the faster we can investigate the cause of the accident, file your claim, review your medical care, answer your questions, and help hold the people who caused your injuries liable for your losses.

Do you have a Miami pedestrian accident lawyer near me?

Our Miami office is located at 12150 SW 128th Ct, Suite 225. Our pedestrian accident lawyers meet clients who are injured or ill at their homes or at a health facility when necessary. We also meet clients through Zoom or other video conference methods.

We understand that personal injury claims can feel frightening and complicated. Rest assured that our seasoned trial lawyers have the experience and resources to guide you through each phase of the litigation process.

Injured pedestrians can trust Hickey Law Firm in Miami to fight for them

At Hickey Law Firm, our Miami pedestrian accident lawyers have helped numerous clients obtain just recoveries, often for millions or hundreds of thousands of dollars. We’re ready to present your case and counter the efforts of the insurance companies to deny responsibility. We demand compensation for all your economic and non-economic damages – for victims and the families of loved ones who died in a pedestrian accident. Call us or complete our contact form to schedule a free consultation. We handle pedestrian accident cases on a contingency fee basis.

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