Pedestrian Accident Rights in Miami: What to Do After Being Hit by a Car

Miami is one of the most dangerous cities in the country for pedestrians. With its wide boulevards, distracted drivers, and tourists unfamiliar with local traffic patterns, being struck by a car is a real risk for anyone walking Miami's streets.

If a car hit you while you were walking, you need to know your rights. Pedestrian accidents frequently result in serious injuries — fractures, head injuries, spinal cord damage — and the compensation you may be able to recover can be significant.

Your Rights as a Pedestrian in Florida

Right of Way at Crosswalks

In Florida, drivers must yield to pedestrians in marked crosswalks and at intersections. This applies whether the crosswalk has a traffic signal or not.

However, pedestrians also have responsibilities. You should not suddenly step into the path of a vehicle that is so close it is impossible for the driver to stop. And where there is no marked crosswalk, pedestrians must yield to vehicles.

Florida's Comparative Negligence Law

Florida follows the pure comparative negligence rule. This means that even if you are partially responsible for the accident — for example, if you crossed outside the crosswalk — you can still recover compensation. Your compensation will simply be reduced in proportion to your percentage of fault.

Insurers frequently try to argue that the pedestrian was partially or fully responsible in order to reduce or eliminate the payout. An attorney can help you counter these arguments with evidence.

Common Injuries in Pedestrian Accidents

Pedestrians have no vehicle around them for protection, which means injuries in pedestrian accidents tend to be far more severe than in vehicle-to-vehicle crashes.

Common injuries include bone fractures (especially legs, hips, and pelvis), traumatic brain injuries and concussions, spinal cord injuries and paralysis, internal organ damage, severe lacerations and road rash, and soft tissue injuries to knees, shoulders, and back.

Many of these injuries require surgery, extended hospitalization, physical rehabilitation, and ongoing medical care. The costs can be enormous.

What to Do Immediately After Being Hit

Call 911

Call 911 immediately. You need both emergency medical care and a police report. The police report will document the circumstances of the accident, including whether the driver violated any traffic laws.

Do Not Move If You Are Injured

If you are injured, especially if you have pain in your neck, back, or head, do not move until medical help arrives. Moving someone with a possible spinal injury can make the injury worse.

Document the Scene If You Can

If you can move safely, take photos of the vehicle that hit you, the license plate, the vehicle's position, the crosswalk or intersection, traffic signals, and any visible injuries. If you cannot do this yourself, ask someone nearby to do it for you.

Get the Driver's Information

Get the driver's name, license number, insurance information, and license plate number. If there are witnesses, get their contact information as well.

Seek Medical Attention Right Away

Even if you think your injuries are minor, seek medical care the same day. Some serious injuries — including internal bleeding and brain injuries — may not produce obvious symptoms immediately. Seeking medical care right away also creates a medical record connecting your injuries to the accident.

What Compensation You May Be Able to Recover

As an injured pedestrian, you may be entitled to compensation for medical expenses (current and future), lost wages and reduced future earning capacity, pain and suffering, emotional and psychological distress, personal property damage (phone, clothing, etc.), and loss of enjoyment of life.

In cases where the driver was under the influence of alcohol or drugs, driving at excessive speed, or otherwise acted with extreme recklessness, punitive damages may also be available.

High-Risk Areas for Pedestrians in Miami

Some areas of Miami have especially high rates of pedestrian accidents. Brickell Avenue and the downtown Miami area, Calle Ocho in Little Havana, the Wynwood and Midtown areas, intersections along US-1 (South Dixie Highway), and the tourist areas of South Beach and the waterfront are all known to be dangerous for pedestrians.

If you were hit in one of these areas, there may be additional factors at play — such as inadequate signage, poorly designed crosswalks, or poor lighting conditions — that could be relevant to your claim.

The Role of PIP Insurance in Pedestrian Accidents

In Florida, the PIP (Personal Injury Protection) insurance of the driver who hit you may cover some of your medical expenses, regardless of who was at fault. However, PIP limits ($10,000) are frequently insufficient to cover the serious injuries that result from pedestrian accidents.

For damages beyond the PIP limits, you will need to file a civil liability claim against the at-fault driver.

Get Help From 305-EN-DOLOR

Pedestrian accidents can be life-changing. The injuries can be severe, the medical costs can be overwhelming, and the claims process can be complicated. At 305-EN-DOLOR, we connect Miami pedestrian accident victims with personal injury attorneys who understand the gravity of these injuries and fight for maximum compensation.

Call 305-EN-DOLOR or send us a WhatsApp message right now for a free consultation. You pay nothing unless we win your case.