Florida Pedestrian Accident Lawyers

Common Causes of Pedestrian Accidents Across the State

Anyone who has walked across U.S. 1 in Miami, tried to cross Sunrise Boulevard in Fort Lauderdale, or navigated busy intersections like Colonial Drive and Semoran Boulevard in Orlando knows how quickly a near miss can happen. Unfortunately, these “near misses” too often turn into life-changing collisions.

The most common causes for these accidents include:

• Distracted driving. Cell phone use remains one of the biggest dangers on our roads. A driver glancing down at a text can drift into a crosswalk in seconds. In crowded pedestrian areas like Brickell Avenue or Clematis Street in West Palm Beach, those seconds make all the difference.
• Failure to yield. Florida law requires drivers to yield to pedestrians in crosswalks, but many don’t. Tourists unfamiliar with local traffic rules, aggressive drivers rushing through yellow lights, and even delivery drivers trying to stay on schedule often fail to stop in time.
• Speeding. On roads like I-95 service lanes or A1A along the beach, speeding vehicles pose extreme risks to pedestrians. The faster a car is moving, the less time a driver has to react, and the more severe the impact for the pedestrian.
• Poor visibility. Lack of lighting near crosswalks, faded paint on roadways, or improperly maintained intersections make conditions especially dangerous at night. Areas near the Florida Turnpike on-ramps or rural stretches in Central Florida are particularly treacherous after dark.
• Drunk and impaired driving. Despite years of awareness campaigns, alcohol-related pedestrian crashes still occur with alarming frequency, especially near nightlife districts like downtown Miami, Ybor City in Tampa, or around college campuses.
• Left-hand turns. Drivers turning left often focus on oncoming traffic and forget to look for pedestrians crossing. This is a common accident scenario at multi-lane intersections such as US-441 and Oakland Park Boulevard in Broward County.
• Tourist and out-of-town traffic. With millions of visitors each year, Florida roads are filled with drivers who don’t know local streets. Confusion about one-way streets in South Beach or sudden stops near theme parks in Orlando can put pedestrians at risk.

It’s also important to know that South Florida saw a building boom in the early-to-mid-1900s. At the time, many city streets were built for car traffic, with less regard for pedestrians. While some towns are now working to change that with dedicated walking trails and walking-friendly designs, the older designs often put drivers and pedestrians in close proximity and are created mostly for cars, allowing accidents to happen. 

Injuries Frequently Sustained in Pedestrian Collisions

Even at low speeds, the human body is no match for the force of a vehicle. That’s why pedestrian accidents in Florida so often lead to catastrophic injuries. Some of the most common include:

• Head injuries. Concussions, skull fractures, and traumatic brain injuries are common when pedestrians are struck and thrown to the pavement. These injuries can have lasting effects on memory, mood, and the ability to work.
• Spinal cord injuries. Impacts can fracture vertebrae or damage the spinal cord, leading to partial or total paralysis. A collision can instantly alter someone’s independence and mobility.
• Broken bones. Arms, legs, ribs, and hips often take the brunt of an impact. Surgeries, hardware implants, and months of physical therapy are often necessary.
• Internal injuries. Blunt force trauma can damage organs like the liver, spleen, or lungs. Internal bleeding isn’t always visible at the scene but can quickly become life-threatening.
• Soft tissue injuries. Torn ligaments, nerve damage, and muscle injuries can linger long after visible wounds heal, affecting your ability to walk, work, or even sleep comfortably.
• Psychological trauma. Many victims experience anxiety crossing the street, flashbacks of the crash, or depression during recovery. Emotional trauma can be just as disabling as physical injuries.

The ripple effects of these injuries are enormous. You may not be able to drive your kids to school, return to work, or enjoy walks around your own neighborhood. Some families suddenly face full-time caregiving needs. Medical bills stack up quickly, often while income is cut off.

At the Miami, Homestead, and Hollywood offices of Flaxman Law Group, we work with local and nationally-recognized medical experts, economists, and life-care planners to calculate the true impact of an injury. That way, when we pursue compensation, it’s aimed at covering your real needs.

Who May Be Liable in a Florida Pedestrian Accident?

Many people assume pedestrian accidents are always the driver’s fault. But in reality, liability can be more complex. Identifying every potentially responsible party is critical to making sure you receive full compensation. Your injuries may be caused by multiple liable parties, including:

• Negligent drivers. Drivers who were distracted, speeding, impaired, or simply careless are most often named as at-fault parties in pedestrian accidents. Florida’s comparative fault rules mean you may still have a case even if the driver’s insurer tries to argue you were partly at fault for “jaywalking” or not paying attention.
• Employers of drivers. If the driver who struck you was working at the time (because they were delivering packages, driving for a rideshare service, or operating a company vehicle, for example) their employer may also share liability. This can open up access to larger insurance policies.
• Bars, restaurants, or event venues. Under Florida’s dram shop laws, establishments that serve alcohol to minors or known habitual addicts can sometimes be held responsible under Florida Statutes §788.125 if an impaired driver causes a pedestrian accident after leaving their business.
• Property owners and municipalities. Poor lighting, obstructed views, broken traffic signals, or dangerously designed intersections can all contribute to crashes. Cities, counties, or private property owners may share responsibility if unsafe conditions played a role. For example, if a crosswalk on Federal Highway had a non-functioning signal, that failure may become part of the case.
• Vehicle manufacturers. In some situations, defective brakes, tires, or other components can cause or worsen a pedestrian collision. If a design or manufacturing defect contributed, the automaker may be liable.

Sorting out these layers of responsibility takes thorough investigation. Working with Florida pedestrian accident lawyers helps you find all liable parties, and the evidence to hold them accountable.

What to Do Immediately After Being Hit by a Vehicle

In those chaotic first moments, knowing what to do after a pedestrian accident can protect you. Here’s what we recommend:

1. Call 911 right away. Even if you feel you can stand or walk, head injuries and internal injuries are common in pedestrian crashes. Emergency responders can check you for head trauma, internal bleeding, or fractures you may not immediately notice. Police will also create a crash report, which becomes vital evidence later.
2. Gather contact and insurance information. If possible, get the driver’s name, license plate, insurance details, and phone number. If you’re unable, ask a bystander to collect it for you. In cases where you are very injured and rushed to the hospital, police and your Florida pedestrian accident lawyers can gather this information for you.
3. Look for witnesses. Witnesses can provide crucial, unbiased statements about what happened. Ask for their names and phone numbers before they leave, if you can.
4. Document the scene. Photos of skid marks, crosswalk signals, the vehicle’s damage, and your visible injuries can all help build your case. In busy areas, such as around Bayside Marketplace in Miami or along International Drive near the theme parks, traffic cameras and surveillance footage may also exist. Acting quickly increases the chances of preserving it. If you’re too injured, you can contact Florida pedestrian accident lawyers, even from your hospital room, and they can start the process of preserving evidence.
5. Avoid detailed statements to insurance companies. Drivers’ insurers may contact you within days, asking for recorded statements. These conversations are often used to minimize or deny claims. Politely decline until you’ve spoken with a lawyer.
6. Consult with Florida pedestrian accident lawyers. Getting lawyers involved early means that someone is handling the legal side of your claim, freeing you to focus on your health. In addition, experienced lawyers know exactly what to do to maximize your recovery, so you have a stronger chance of securing fair compensation (compared to a situation where you try to handle the claim yourself).

Taking these steps isn’t about being overly cautious. Having a clear plan from the very beginning can make a difference in both your health and your legal case.

How a Florida Pedestrian Accident Lawyer Can Help

After a pedestrian accident, you may wonder whether hiring a lawyer is necessary. In our experience at Flaxman Law Group, the answer is almost always yes, because the stakes are high and the playing field isn’t level. Insurance companies have teams of adjusters and lawyers trained to reduce payouts. Without someone equally experienced on your side, it’s easy to make mistakes and accept far less than you deserve.

Our team has over 60 years of combined experience, including time working within the insurance industry. We’ve seen firsthand how insurers delay, deny, and downplay claims. That insight now works in your favor.

We work with life-care planners, doctors, and financial experts to make sure your claim covers not just today’s expenses, but tomorrow’s as well. By holding negligent drivers and other responsible parties accountable, your case may also help push for safer roads, better lighting, or stronger enforcement at dangerous intersections.

Our clients often tell us the most valuable part of working with us wasn’t just the settlement or verdict. It was knowing they had someone compassionate and experienced in their corner. When you call our Miami, Homestead, or Hollywood offices, you’re working with a family-run team that treats you like one of our own. When you are vulnerable and frightened about the future, that can make a significant difference.

Investigating the Scene and Preserving Key Evidence

One of the most important steps in any pedestrian accident case is investigation. Evidence can disappear quickly, so acting promptly is critical. At Flaxman Law Group, our approach to investigation is thorough and proactive. Here’s what it often includes:

• Reviewing police reports and crash data. Florida law enforcement reports provide initial details, but they don’t always capture the full story. We cross-check official reports with physical evidence, witness statements, and our own findings.
• Interviewing witnesses. A passerby on Las Olas Boulevard in Fort Lauderdale may have noticed the driver was texting. Someone waiting for the bus on US-441 might have seen the light turn red before the driver entered the intersection. These firsthand accounts are invaluable.
• Collecting video evidence. Many Florida streets and businesses now use surveillance cameras. A restaurant on Alton Road in Miami Beach or a gas station near I-4 in Orlando may have footage that shows exactly how the crash occurred. We move quickly to preserve this evidence before it’s erased.
• Working with accident reconstruction experts. These specialists use science and technology to recreate what happened by analyzing vehicle speeds, impact angles, stopping distances, and other details. Their reports often become powerful tools in negotiations or trials.
• Documenting your injuries and recovery. Medical records tell part of the story, but we also help clients track the day-to-day impact of their injuries, including missed family milestones, struggles with mobility, or emotional trauma. This paints a fuller picture of your losses for insurers or a jury.
• Identifying all liable parties. Sometimes the at-fault driver isn’t the only responsible party. Poorly timed traffic signals, inadequate lighting, or employer negligence can all contribute. By broadening the scope of liability, we maximize your potential recovery.

A strong investigation can transform a case from a “he said, she said” dispute into a compelling case for justice.

Compensation Available to Injured Pedestrians

It’s natural to wonder what compensation may be available and how the legal process works. The answer depends on your specific injuries, the circumstances of the crash, and the insurance coverage in play, but generally, pedestrians in Florida can pursue compensation for:

• Medical expenses, both current and future. Emergency room visits, ambulance costs, surgeries, rehabilitation, medications, and ongoing therapy can all be recovered.
• Lost wages and diminished earning capacity. Serious injuries often mean weeks or months away from work. Compensation can account for both missed paychecks and reduced ability to work in the future.
• Pain and suffering. Pedestrian accidents bring emotional trauma, including anxiety about crossing the street again, chronic pain, or depression linked to loss of independence. Florida law recognizes these very real losses.
• Property damage. Phones, glasses, watches, or even mobility devices damaged in the collision can be included in your claim.
• Long-term care needs. In severe cases, victims may require in-home nursing, modifications to their homes, or special transportation. These costs can quickly escalate, and without a skilled lawyer, insurance companies rarely account for them fully.
• Incidental costs. If your injuries are severe, you may need to install a ramp in your home or pay for someone to help you with everyday tasks. There are many out-of-pocket costs that can add up, and you can seek compensation for all your reasonable extra expenses.
• Wrongful death recovery. If you lose a family member in a pedestrian accident, you may have a wrongful death claim, which helps you recover from pain and suffering, loss of support, funeral costs, final medical bills, and more.
• Punitive damages. In rare cases, courts award punitive damages in situations where a driver intentionally hit a pedestrian or showed complete disregard for pedestrian safety.

At Flaxman Law Group, we have secured nearly $1 billion recovered for clients. And because we’ve worked inside the insurance industry, we know how adjusters try to downplay claims by ignoring future needs or non-economic damages. Our job is to push back, using evidence and expert testimony to maximize every category of compensation available to you.