Every day, pedestrians traverse Miami’s busy streets, crosswalks, and intersections. Whether walking for exercise, commuting, or simply enjoying the outdoors, pedestrians are vulnerable to serious injuries when drivers fail to share the road responsibly. At the Law Offices of Gonzalo Funes, PA, we understand how life-changing a pedestrian accident can be. If you or a loved one has been injured in such an incident, you may be entitled to compensation. Our firm is here to guide you through the legal process and help you pursue justice. Contact a knowledgeable and dedicated Miami pedestrian accident lawyer from our legal team for a free case evaluation today.
Common Causes of Pedestrian Accidents
Pedestrian accidents happen in Miami for a variety of reasons, and most of these incidents occur due to driver negligence. Understanding what often leads to these tragedies can help you stay alert, but even the most cautious pedestrians can still fall victim to reckless or inattentive drivers. Here are some of the most common causes of pedestrian accidents where the pedestrian is the injured party:
- Distracted driving: Drivers who are texting, talking on the phone, using apps, or otherwise distracted often fail to see pedestrians until it is too late.
- Failure to yield at crosswalks: Florida law requires drivers to yield to pedestrians in marked crosswalks, but many drivers ignore this rule.
- Speeding: Excessive speed reduces a driver’s reaction time and increases the force of impact, making accidents far more dangerous for pedestrians.
- Driving under the influence: Alcohol and drugs impair judgment, coordination, and reaction time, significantly raising the risk of pedestrian crashes.
- Making illegal or unsafe turns: Drivers turning at intersections without checking for pedestrians in the crosswalk can cause serious injuries.
- Running red lights or stop signs: Disregarding traffic signals and signs often results in collisions with pedestrians who have the right of way.
- Backing up without looking: Drivers exiting driveways, parking lots, or alleys without checking behind them can strike pedestrians.
- Poor visibility conditions: Accidents are more likely to occur at night or during bad weather when drivers fail to adjust their driving for limited visibility.
- Aggressive or reckless driving: Tailgating, weaving through traffic, or other forms of aggressive driving put pedestrians in harm’s way.
Steps to Take After a Pedestrian Accident
If you have been struck by a vehicle, your first priority should always be your safety and well-being. Pedestrian accidents often result in catastrophic injuries that make it impossible to take action at the scene. If you are physically able, consider the following steps. If not, know that emergency responders and your legal team can help handle these details on your behalf.
- Call 911 immediately: Report the accident and request medical assistance. Even if you feel okay initially, some injuries are not immediately obvious.
- Seek medical attention right away: Get checked by a healthcare provider as soon as possible. Medical records will also serve as important evidence in your case.
- Document the scene: Take photographs or videos of the accident scene, your injuries, the vehicle involved, and any traffic signals or signs nearby.
- Gather witness information: If bystanders saw what happened, collect their names and contact information. Their statements can support your claim.
- Exchange information with the driver: Get the driver’s name, contact details, driver’s license number, and insurance information.
- Avoid discussing fault: Be careful not to admit blame or make statements that could be used against you later. Even an innocent remark could be misinterpreted.
- Contact a pedestrian accident lawyer: A qualified attorney can protect your rights, handle communications with insurers, and help you pursue the compensation you deserve.
Qualifying for Compensation
In Florida, pedestrians who are injured in accidents caused by someone else’s negligence have the right to seek compensation through a personal injury claim. To have a valid case, you must be able to show that the driver owed you a duty of care, that they breached that duty, and that this breach directly caused your injuries and damages. For example, a driver who failed to yield at a crosswalk or was texting behind the wheel would likely be considered negligent under Florida law.
It is important to note that Florida follows a comparative negligence rule. This means that even if you were partially at fault for the accident, you may still recover damages. However, your compensation will be reduced by your percentage of fault. For instance, if you were found 10 percent responsible because you crossed outside a crosswalk, your total award would be reduced by that amount. A successful pedestrian accident claim may provide compensation for the following:
- Medical expenses: This includes emergency care, surgeries, hospital stays, physical therapy, medications, and any future medical treatment related to your injuries.
- Lost wages: If your injuries forced you to miss work, you may be compensated for the income you lost, including future earning capacity if you are unable to return to your job.
- Pain and suffering: Non-economic damages are available for physical pain, emotional distress, and diminished quality of life.
- Property damage: If any personal property, such as a phone or bag, was damaged in the accident, you can seek reimbursement.
- Wrongful death damages: In tragic cases where a pedestrian is killed, surviving family members may pursue a wrongful death claim to cover funeral costs, lost financial support, and the emotional impact of their loss.
Contact a Miami-Dade County Pedestrian Accident Lawyer
If you or a loved one has been injured in a pedestrian accident in Miami, you do not have to face the legal process alone. The team at the Law Offices of Gonzalo Funes, PA is ready to stand by your side, protect your rights, and pursue maximum compensation on your behalf. We know how difficult this time can be, and we are here to help you every step of the way. Contact a Miami pedestrian accident lawyer from our firm today for a free consultation to learn more about your legal options.
