Mausner Graham Injury Law Miami Pedestrian Accident Lawyer

Pedestrian Accident Lawyer

Pedestrian Accident Attorneys Representing Injured Victims in Pursuit of Compensation in Miami, Florida

Have you or a loved one been injured in a traffic accident while you were on foot? Joggers, walkers, shoppers, and all manner of pedestrians are regularly victims of accidents, many suffering severe injuries or potentially losing their lives. Florida is among the worst states in the country when it comes to pedestrian accidents. The reasons are threefold: the rising number of distracted drivers in this age of cell phone usage, the steady increase in population, and the road design and infrastructure, which is lagging behind in terms of usefulness. Our Miami Pedestrian Accident Lawyer can help you take legal action if you have been a victim of someone else’s Negligent driving.

In 2021, Florida logged 9,569 pedestrian accidents, 833 of which were fatal. Over the past decade, South Florida saw about 1,600 pedestrian fatalities per 100,000 residents. Florida has ranked among the most dangerous states for pedestrian fatalities in recent years, coming in third in 2019. The South Florida region is considered among the 15 most dangerous places for pedestrians in the entire country.

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If you’ve been injured or if you have lost a family member in a fatal pedestrian accident, you have the legal right to seek compensation. In order to make a successful claim, it is essential that you prove liability rests with another party, such as a negligent driver. However, this can be easier said than done, especially while you are still recovering from your injuries and contending with an uncooperative insurance company.

It is highly advised that you consider working in coordination with a personal injury lawyer experienced in representing pedestrian accident victims. Your lawyer will review the evidence in your pedestrian accident case, examine medical records, and speak with relevant witnesses as they attempt to build a winning argument for your claim.

At Mausner Graham Injury Law, our attorneys have a reputable track record of success representing accident victims. Our lawyers will provide you with legal options as you attempt to recover damages from the negligent driver or the driver’s insurance company.

You do not need to accept the meager offerings for your insurance claim. A better settlement is possible, one that properly tends to your medical bills and emotional hardship so that you need not worry about the financial difficulties that have been thrust upon you due to your accident.

Schedule a free initial consultation with a pedestrian accident attorney at our Miami law office today to discuss your case in more detail.

Who or What is Considered a Pedestrian in Florida?

According to Florida state laws, any person on foot is considered to be a pedestrian. This also extends to those riding skateboards, wearing rollerblades, and seated in wheelchairs.

A bicyclist is not typically considered a pedestrian. There are some exceptions to this, however. For example, if bicyclists are walking beside their bikes on the sidewalk or crosswalk when they are struck by a motor vehicle, then they will be considered the same as any other pedestrian.

What Should You Do if You’re Involved in a Pedestrian Accident?

If you are in an accident, you owe a certain duty to the other parties involved. As a pedestrian involved in a traffic accident, it stands to reason that you are the more badly injured party, so most of the duty should rest on the shoulders of the occupants of the automobile that hit you.

The driver cannot leave the scene of the accident. They must tend to the injured in their own vehicle first, but then they must check on the injuries of anyone else involved in the accident, including any pedestrians. Failure to do so is unacceptable. If they flee the scene of the crash, the incident will be filed as a hit-and-run accident. Harsh legal and financial penalties await anyone convicted as a hit-and-run driver.

If there are catastrophic injuries, attempts can be made to provide first aid. However, it is vitally important that injured pedestrians not be moved unless absolutely necessary.

Please call 911 for emergency services without further delay.

If there are only minor injuries, the parties should exchange necessary insurance information. While awaiting paramedics and law enforcement, both parties should consider documenting the evidence of the accident with photographs and video. Consider also speaking with eyewitnesses to the crash.

If you were struck by a vehicle, do not, under any circumstances, tell the driver that it was partly your fault or that you are well and good. These statements could come back to haunt you if you decide to legally file a pedestrian accident claim.

Please contact our Midtown Miami law offices to schedule a free case review with a legal team member to discuss your case.

What Are the Common Causes of Pedestrian Accidents?

While certain factors may be seen in a large number of accident reports, there is no single, constant cause for pedestrian accidents. Sometimes it’s a simple, honest mistake. Sometimes it’s the result of driver negligence.

Common causes of pedestrian accidents in Florida include:

A child running out into the street.
Accidents are caused by drunk drivers.
Cars unsafely passing a stopped school bus or city bus.
Cars hopping the curb.
Dangerous lane changes.
Dangerous road conditions.
Driving under the influence of drugs.
Failure to respect pedestrians’ right of way.
Failure to yield accidents.
Improper left turns.
Improper signaling.
Night conditions make pedestrians difficult to see.
Pedestrians jaywalking across the street.
Poor weather conditions.
Running red lights and stop signs.
Speeding.
Texting and driving.

What Are Common Types of Pedestrian Accident Injuries?

Pedestrian accident injuries can range from minor to more life-threatening. A lot of it depends on the make of the vehicle involved in the crash (a bus will inevitably cause more physical damage than a compact car), the speed at which the vehicle was moving, and the point of impact between the vehicle and the person.

Common consequences for pedestrian accident victims include:

Amputation.
Broken bones and fractures.
Concussions.
Cuts and lacerations.
Disability.
Internal bleeding and organ damage.
Loss of senses like sight and speech.
Nerve damage.
Paralysis.
Road rash.
Soft tissue injuries.
Spinal cord injuries.
Traumatic brain injuries.
Wrongful death.

Regardless of the severity of your injury, it should not fall to you to pay the cost of medical treatment or physical therapy. Your pedestrian accident lawyer will build a case with the aim of ensuring that the driver and their insurer take full responsibility for the medical expenses resulting from your accident.

Where Do Most Pedestrian Accidents Occur?

The majority of pedestrian accidents occur in urban areas. Many such accidents also occur after the sun has begun to set or if the weather is limiting visibility.

A lot of time, money, and planning is committed to ensuring that crosswalks are safe for pedestrians in the city. But accidents may remain common on even the most well-thought-out pedestrian crossing because no amount of planning can totally anticipate the extremes of human recklessness.

A car colliding with a pedestrian is also sadly common in parking lots across the country. In an attempt to avoid a deadly collision, drivers are encouraged to practice the utmost care while navigating a parking lot and looking for a space.

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Do Florida’s No-Fault State Laws Apply to Pedestrian Accidents?

Florida is a ‘no-fault’ state. While Florida’s drivers must carry a personal injury protection (PIP) insurance policy, the state does not ask that pedestrians carry the same level of insurance.

If the pedestrian has no insurance, their only option is to file a lawsuit alleging that the driver was responsible for their injuries. With that being said, if the pedestrian is a car owner with valid PIP coverage, then their medical costs will be covered by their PIP insurer. Florida requires PIP coverage of its drivers in an attempt to avoid frivolous lawsuits. If you are not a Florida resident at the time of your pedestrian accident, you will need to explore other options with your personal injury attorney.

What Types of Financial Damages Could Potentially Be Recovered?

With a successful personal injury suit, you may recover financial damages that can ease the burden you’ve been asked to endure since your injury. These settlements may take the form of economic and non-economic damages.

Examples of damages you may potentially recover include:

Emotional distress.
Future lost income.
Loss of benefits.
Loss of companionship.
Lost wages.
Medical bills.
Mental anguish.
Ongoing PTSD.
Permanent disability.
Permanent scarring and disfigurement.
Property damage.
Psychological pain and suffering.
Reduced quality of life.
Wrongful death claims.

Discuss your pedestrian injury case in more detail with our lawyers to better determine what compensation you may recover if you seek legal action.

Schedule a Free Case Evaluation with Experienced Pedestrian Accident Lawyers in Miami-Dade County Today

Suppose you’ve been the victim of an accident. In that case, you may be entitled to some form of financial recovery if it can be proven that another at-fault party bears responsibility for your injuries. Proving negligence beyond a reasonable doubt can be a challenge, especially while contending with recent injuries, financial hardships, and emotional loss.

You do not have to go it alone.

We are here to help.

The legal system can be daunting on even the best of days. Allow our legal team to act as your guide as we pursue the most optimal outcome for you and your case. We will work side-by-side with you in order to ensure that you receive the compassionate care you require without ever making the mistake of acting against your interests or established goals.

Our law firm works on a contingency fee basis, which means that you will only ever owe us legal fees if we successfully recover financial compensation for your case. If we are unsuccessful in this objective, you will owe us nothing in terms of legal fees.

Additionally, we offer a free consultation to prospective new clients interested in hearing about the legal services we offer and the vision we have for their cases. This is a no-obligation consultation; if you do not feel that we are the right fit for you and your legal needs, you do not need to retain our legal representation at this time.

Schedule your free case review and speak with a member of our Miami-based legal team about your accident case today.