Miami FL Pedestrian Accident Lawyers

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Miami ranks 14th nationally when it comes to the most dangerous cities in the country for pedestrians. The hot weather and the design of Miami, dating back to the early part of the 1900s, has meant a focus on cars over people. While individuals are working hard to change that and make the city both more walkable and safer for pedestrians, pedestrians still happen every day.

If you’ve been hit by a car while walking, contact a Miami car accident lawyer at Flaxman Law Group for a free consultation.

Understanding Miami Pedestrian Accidents

Pedestrian accidents in Miami can occur when pedestrians cross busy intersections, when they are walking on the shoulder of the road, and even when cars jump the curb and crash into pedestrian zones. People on foot are especially vulnerable in places where they share space with cars—such as in parking lots, for example.

Pedestrians are often at the mercy of drivers who may not always be paying attention. There is no barrier between the pedestrian and vehicle, which usually means severe injuries. Higher speeds increase the likelihood of serious injuries and fatalities.

There are many factors that can contribute to pedestrian crashes, including:

  • Distracted driving.
  • Speeding and reckless driving.
  • Failure of drivers to yield to pedestrians at crosswalks or intersections, especially when turning.
  • Drunk driving.

If you’ve been injured in a pedestrian accident, it’s crucial to get medical help right away, whether you think you’re injured or not. It is also important to consult with pedestrian accident lawyers in Miami, to find out what options you may have for securing compensation.

Understanding Florida Pedestrian Accident Laws

In Florida, pedestrians have the right of way at crosswalks, whether they are marked or unmarked. Drivers are legally required to yield to pedestrians in these designated areas. However, in some cases, pedestrians may also be found at fault if they were jaywalking or crossing outside a crosswalk.

Florida follows a comparative negligence rule when determining liability in accidents. This means that if a pedestrian is partially at fault for an accident—such as crossing the street while distracted—they may still recover compensation, but their settlement could be reduced by the percentage of fault attributed to them. For example, if the court determines that you were 20% responsible for the accident, your final compensation will be reduced by 20%.

If you’re in a car accident in Miami, you’re covered by auto insurance, but the same does not apply to you if you’re traveling on foot. In Florida, auto insurance operates under a no-fault system. This means that drivers are required to carry personal injury protection (PIP) insurance, which covers their own injuries regardless of who was at fault.

However, pedestrians are not covered by PIP insurance. As a result, if a pedestrian is injured in an accident, they may need to file a claim against the driver’s liability insurance or pursue a lawsuit if the injuries are severe. If the driver was uninsured or underinsured, the pedestrian may be able to use their own uninsured motorist coverage (if they have it) to seek compensation. Since the insurance situation can be complicated in these cases, it is best to consult with a pedestrian accident attorney as soon as possible after your crash. Your attorney can recommend the best course of action, based on the details of your situation.

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Common Injuries in Miami Pedestrian Accidents

Pedestrian accidents can result in a wide range of injuries, and the point of impact can affect the severity of injuries. Injuries to the head and spine can lead to life-threatening traumatic brain injuries (TBIs) or spinal cord injuries, while injuries to the torso can lead to internal bleeding and potentially fatal organ damage. If a pedestrian can move even slightly out of the way so that their legs or arms are hit, they may sustain fractures and even multiple broken bones. Many collisions involve one or more of the following injuries:

  • Head injuries. Pedestrians are particularly vulnerable to traumatic brain injuries (TBI) in an accident, especially if they are struck by a vehicle or thrown to the ground. Head injuries can range from mild concussions to more severe injuries, such as skull fractures or brain hemorrhages, that may result in permanent cognitive and physical impairments. TBIs are also a common cause of pedestrian accident fatalities.
  • Spinal cord injuries. Spinal cord injuries can lead to partial or complete paralysis. Victims may require long-term care and rehabilitation, and in some cases cannot take part in everyday activities.
  • Fractures. Broken bones, particularly in the legs, arms, pelvis, and ribs, are common in pedestrian accidents. Since pedestrians have no protection in these crashes, it is not uncommon for there to be complex fractures or multiple broken bones. These fractures can require surgery and extended physical therapy or rehabilitation. In many cases, these injuries are very painful and may require months of pain management.
  • Soft tissue injuries. These injuries can include sprains, strains, or contusions. Soft tissue injuries may not always show up immediately, but they can lead to chronic pain and long-term mobility issues.
  • Internal injuries. Pedestrian accidents can cause life-threatening damage to internal organs, including the lungs, liver, kidneys, or spleen. Internal bleeding or organ damage may require immediate surgery and emergency medical care.
  • Skin injuries. Pedestrians often suffer severe abrasions, cuts, or bruises from being dragged or thrown onto the pavement after an accident. While these injuries may not seem as severe initially, they can lead to infections or permanent scarring, which can be emotionally distressing.
  • Psychological injuries. The trauma of being involved in a pedestrian accident can also lead to post-traumatic stress disorder (PTSD), anxiety, and depression, all of which can affect a person’s ability to cope with the accident. The trauma of a pedestrian collision can cause real pain that can take months or years of healing.

In severe cases, victims may face permanent disabilities. If you have been struck by a car, it is essential to get medical help right away. Even if you don’t feel badly hurt, it’s important to let a qualified physician make the assessment and start any treatment you need, so you can heal as fully as possible.

How a Miami Pedestrian Accident Lawyer Can Help

Pedestrian accident lawyers in Miami are there to help you handle the many legal parts of a traffic accident claim that you may not be able to tackle on your own. For example, an experienced pedestrian accident attorney will have a team of investigators, medical professionals, expert witnesses, and other experts they can call. This allows them to conduct a thorough investigation to determine the cause of the accident.

When you work with an attorney, they will gather evidence and start building a strong case on your behalf. They will also handle negotiations with insurance adjusters to ensure you receive a fair settlement. They will protect you from making statements that could inadvertently harm your case and will protect you from accepting lowball offers.

If a fair settlement cannot be reached, your lawyer will file a personal injury lawsuit on your behalf. This will allow you to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages. Your attorney will ensure that all deadlines are met and that your case is presented in the best possible light. A lawyer can even help you find the right medical providers who specialize in treating injuries resulting from pedestrian accidents.

Your lawyer’s ultimate goal is to secure the maximum compensation you deserve. They will fight for all of your damages, including those that may not be immediately obvious, such as long-term rehabilitation, future medical costs, and emotional distress. They will ensure that your case is presented in a way that reflects the true scope of the impact the accident has had on your life.

After a pedestrian crash, it is important that you have someone seeking fair compensation for you, because once you have a verdict or settlement, you can’t go back and seek additional compensation if you realize the money is not enough. You need to secure fair compensation now or pay out of pocket later.

It is also important that you do not go through the process alone. When you are seriously injured, you should be focused on your mental and physical health so you can get better. Your lawyer will handle all the details for your case for you, whether your case takes years or months, so you can focus on rebuilding your life.

Contact Flaxman Law Group Today

For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.

Choosing the Right Miami Pedestrian Accident Attorney

Pedestrian accidents require a specific understanding of local traffic laws, accident reconstruction, and the unique challenges faced by injured pedestrians. It’s important to hire an attorney who has significant experience handling pedestrian accident cases in Miami. A lawyer with a proven track record in these types of cases will be better equipped to build a strong case on your behalf. They’ll be prepared for insurance companies who try to blame pedestrians for accidents or who try to minimize your claims and will know how to fight back.

In addition, look for an attorney or law firm with a strong reputation for success. Check online testimonials, and case results to see how well the firm has handled cases similar to yours. Seek out a lawyer who has successfully secured favorable outcomes in pedestrian accident cases.

A well-established law firm will have the resources needed to handle the complexities of a pedestrian accident case. This may include access to accident reconstruction experts, medical professionals, and investigators who can help support your case. Ensure that the firm has the infrastructure to support your claim and handle any challenges that may arise.

You should feel comfortable discussing your case with your attorney, and they should be responsive to your questions and concerns. Always look for an attorney who makes you feel comfortable and who deals with you clearly and honestly. Be wary of any lawyers who make grandiose claims about how much they can secure for you. Even in what appears to be an open-and-shut case, there is no one who can guarantee a specific outcome.

Many pedestrian accident lawyers in Miami offer a free initial consultation, where you can discuss your case without obligation. This gives you the opportunity to evaluate the attorney’s expertise, approach, and personality. Use this meeting to ask questions about their experience, their strategy for handling your case, and what you can expect during the legal process.

Get a Consultation for Your Case

Florida’s no-fault insurance system can be complicated, and it can be challenging to navigate the claims process on your own, particularly if you are dealing with significant medical bills, lost wages, or ongoing treatment. An experienced attorney can help ensure that your rights are protected, negotiate with insurance companies to get a fair settlement, and, if necessary, file a lawsuit to pursue compensation for your damages. Having legal representation will give you peace of mind and improve the likelihood of securing a favorable outcome.

Have you been injured or involved in an accident due to someone else’s carelessness? Flaxman Law Group has offices right in Miami to serve you. We have over 50 years of combined experience and we provide personalized attention to every client. In fact, when you work with us you will have your attorney’s personal cell phone number, so you can always reach them.

Our legal team works tirelessly for our clients and we have recovered nearly one billion dollars for our clients, in both verdicts and settlements. Our team is equally comfortable at the negotiation table and at court and we have insurance industry experience, so we know how to encourage insurance companies to pay you what is fair for your injuries.

Thousands of clients have benefitted from our dedication and we’re happy to speak with you about your injuries. We speak English, Spanish and Creole and we are pleased to offer a free consultation for accident cases. You can contact us 24/7 to schedule your free consultation.

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